Urgent help from professionals plz!

[spirit-88]

Hello everyone,

I really need help with my very complicated case,

My husband applied for his PR as single in 2010 but we got married before his landing by 2 months only by proxy through his father so he didn't attend the ceremony, then after his landing we made the wedding in egypt, anyway he applied for sponsorship when he returned and after 9 months i got my refusal letter stating that i'm not considered as a family member

Now i want to ask if i am eligible to apply for federal skilled worker could it be possible that i would get accepted? Or i am inadmissible forever even through other immigration programs?

Can i apply when my husband already has a pr?

And if i can apply would i get 5 points that my husband has worked in canada even if he has a pr

Is there any other solution like applying for a study visa?

Thanks

 

[spirit-88]

Plz help so disappointed and depressed

 

[zardoz]

You very specifically asked for help from "professionals". There are very few of those on this forum. Almost all of us are either sponsors or applicants. You may have to wait until one of the few "professionals" is able to respond.

 

[sashali78]

Hello everyone,

I really need help with my very complicated case,

My husband applied for his PR as single in 2010 but we got married before his landing by 2 months only by proxy through his father so he didn't attend the ceremony, then after his landing we made the wedding in egypt, anyway he applied for sponsorship when he returned and after 9 months i got my refusal letter stating that i'm not considered as a family member

Now i want to ask if i am eligible to apply for federal skilled worker could it be possible that i would get accepted? Or i am inadmissible forever even through other immigration programs?

Can i apply when my husband already has a pr?

And if i can apply would i get 5 points that my husband has worked in canada even if he has a pr

Is there any other solution like applying for a study visa?

Thanks

You can apply for FSW and you will get your points for your husband. The reason why your sponsorship application might have been rejected is due to the fact CIC does not believe that your marriage is genuine - that however unlikely to affect your FSW points calculation as VO officer will not go that far assessing the points calculation. However, if you can prove that your marriage is genuine and have all the required docs, i would go ahead and appeal the sponsorship decision instead. Hope that helps.

BTW, for disclaimer purposes, i am not immigration but electronics professional

 

[zardoz]

The reason that she was rejected was that the husband landed as "single" and he was in fact "married". Ths is a rejection by Section 117(9)(d) of IRPR ( http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-52.html )

In fact, it confirms that CIC believe that they are genuinely married... ;D

 

[spirit-88]

Yes i am with zardoz, that's my issue now, i really don't know if i can apply for fsw or not when my husband has a pr, i am really so fedup and confused with my situation!

 

[zardoz]

You certainly can apply for PR independently of your husband. In fact, it's the only way you can become a PR now, as he cannot ever sponsor you. You should find out if you are eligible to apply through all the possible streams and see if you can find one that works for you. The fact that he is a PR will not prevent you from applying. What it WILL do is probably prevent you from ever getting a student visa or a temporary foreign worker visa. They will assume that there is a high risk of you not leaving Canada at the end of the visa period. A PR application is really your only option.

 

[spirit-88]

Thanks a lot zardoz, i am eligible but i missed applying in may 2013 because my ielts wasn't ready and my NOC is now full so i have to wait till next may, but would i get 5 points for my previous husband's work experience in canada? Even if he has a PR because i need more points

 

[shrinivas1980]

What you can do is, apply for 'Marriage Certificate' through the government agency and submit it to CIC office. The same can be done by your husband. It may likely solve your problem. Good luck.

 

[spirit-88]

Shrinivas i didn't understand what u mean, the date of marriege is written in the marriage certificate that i already submited it in my sponsorship process, that's what caused refusal because it was before my husband's landing

 

[shrinivas1980]

but before sponsoring you, did he declared about his marriage with you to CIC office......I must add, I am not an expert but I am just writing what I have in my mind. sorry! but I am not much helpful to you.

 

[spirit-88]

No he didn't declare me and didn't tell cic

 

[spirit-88]

Also i would like to ask another question, now my husband needs to be physicaly in canada for 3 years to apply dor citizenship, does this undeclaring mistake would cause a rejection of citizenship for him or this is another matter?

 

[zardoz]

That's a very good question. He is guilty of "misrepresentation" which CIC takes very seriously. However, it seems that they don't intend to take any enforcement action against him. Not being able to sponsor you is a pretty big penalty in itself.

I suggest that he applies when the time comes and see what happens.

 

[spirit-88]

Thanks zardoz, I think i should ask an experienced lawyer about it to not waste all these years for nothing!