URGENT - Office not satisfied that our relationship is genuine

[madlouni]

Hello guys,

Application: Family sponsorship
Applied: April 28, 2017
AOR1: June 2nd
Sched A: June 5
Med req: June 6, done same week and sent electronically
SA: June 8
File transfer: June 26
Interview: July 25

Then this email below received today from VO back home.
Long story short, I applied for my wife back in April 2017, we got married in December 2016 everything is legal and registered in the government. After her interview yesterday we got this email today from the officer.
Any advise on what to do would be much appreciated?


This refers to your application for permanent residence. Having reviewed your file and taken into consideration you written declarations I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act (IRPA).

Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident. Paragraph 117(1)(a) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the family class if, with respect to a sponsor, the foreign national is the sponsor's spouse, common-law partner or conjugal partner.

Subsection 4(1) of the Immigration and Refugee Protection Regulations states that for the purposes of these Regulations, a foreign national shall not be considered a spouse, a commonlaw partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or (b) is not genuine.

Based on the assessment of your file, including your application, the supporting documentation, and the information you provided during the interview, I am not satisfied that your marriage to your sponsor is genuine and that it was not entered into primarily for the purpose of acquiring any status or privilege under the Act. Specifically, you stated that you are legally married to your sponsor but that no periods of cohabitation have taken place to date.

While you have completed the legal portion of your marriage, this is akin to an engagement in your culture since couples are not considered fully married and allowed to start living together as husband and wife until the wedding reception, which follows a religious marriage, has taken place. I am not satisfied that you meet the definition of spouse as required under IRPA. Before rending a decision, I am providing you with an opportunity to respond to my concerns. Please submit any evidence, proof or information you would like in order to alleviate my concerns listed above within thirty (30) days of this letter. This information can be submitted by courier or e-mail to the address listed below. Please note that you are only required to submit a reply by one method. Please be sure to include your file number.


Thank you

 

[scylla]

You'll need to explain what exact ceremony you've already completed to be considered as a married couple. For example, if you are from Pakistan and have only done Nikah but not Rukhsati, then you have a problem on your hands.

 

[zocanada]

You need to provide proof that you had a mariage ceremony following customs in ure country send pictures boarding pass anything you guys have done together .the agent gave you a chance to respond in most cases ive seen so far the file gets rejected and goes to appeal so dont loose this opportunity and provide the proofs good luck

 

[jptskt]

Hello guys,

Application: Family sponsorship
Applied: April 28, 2017
AOR1: June 2nd
Sched A: June 5
Med req: June 6, done same week and sent electronically
SA: June 8
File transfer: June 26
Interview: July 25

Then this email below received today from VO back home.
Long story short, I applied for my wife back in April 2017, we got married in December 2016 everything is legal and registered in the government. After her interview yesterday we got this email today from the officer.
Any advise on what to do would be much appreciated?


This refers to your application for permanent residence. Having reviewed your file and taken into consideration you written declarations I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act (IRPA).

Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident. Paragraph 117(1)(a) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the family class if, with respect to a sponsor, the foreign national is the sponsor's spouse, common-law partner or conjugal partner.

Subsection 4(1) of the Immigration and Refugee Protection Regulations states that for the purposes of these Regulations, a foreign national shall not be considered a spouse, a commonlaw partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or (b) is not genuine.

Based on the assessment of your file, including your application, the supporting documentation, and the information you provided during the interview, I am not satisfied that your marriage to your sponsor is genuine and that it was not entered into primarily for the purpose of acquiring any status or privilege under the Act. Specifically, you stated that you are legally married to your sponsor but that no periods of cohabitation have taken place to date.

While you have completed the legal portion of your marriage, this is akin to an engagement in your culture since couples are not considered fully married and allowed to start living together as husband and wife until the wedding reception, which follows a religious marriage, has taken place. I am not satisfied that you meet the definition of spouse as required under IRPA. Before rending a decision, I am providing you with an opportunity to respond to my concerns. Please submit any evidence, proof or information you would like in order to alleviate my concerns listed above within thirty (30) days of this letter. This information can be submitted by courier or e-mail to the address listed below. Please note that you are only required to submit a reply by one method. Please be sure to include your file number.


Thank you

So sorry about this. I don't understand how you're supposed to cohabitate with your wife when you guys live in separate countries. The whole point of this spousal application is so that you both can finally be in the same place, start living together and start a life together. Did you ever visit your wife in her home country throughout the duration of your relationship?

 

[haXudon]

i think i understand what the problem is. you have to follow what your culture (either sponsor's or PA's) has done during a wedding. if you only signed a paper without a reception/celebration/party/ceremony, then the VO will not be satisfied with your marriage as being genuine.

tell us, was this the case? did you provide pictures of your wedding ceremony? wedding reception? honeymoon?

 

[scylla]

i think i understand what the problem is. you have to follow what your culture (either sponsor's or PA's) has done during a wedding. if you only signed a paper without a reception/celebration/party/ceremony, then the VO will not be satisfied with your marriage as being genuine.

tell us, was this the case? did you provide pictures of your wedding ceremony? wedding reception? honeymoon?

Agreed. This is most likely the problem. More information is needed from the OP about the situation.

 

[HeyKenGuy]

Hello guys,



Then this email below received today from VO back home.
Long story short, I applied for my wife back in April 2017, we got married in December 2016 everything is legal and registered in the government. After her interview yesterday we got this email today from the officer.
Any advise on what to do would be much appreciated?

Thank you

just because your marriage may be legal, that in and of itself, is not enough to prove to CIC that the marriage is genuine.

if your marriage did not follow your cultures typical traditions, you will need to explain to the VO why it was not a traditional wedding

 

[EEPost2015]

Hello guys,

Application: Family sponsorship
Applied: April 28, 2017
AOR1: June 2nd
Sched A: June 5
Med req: June 6, done same week and sent electronically
SA: June 8
File transfer: June 26
Interview: July 25

Then this email below received today from VO back home.
Long story short, I applied for my wife back in April 2017, we got married in December 2016 everything is legal and registered in the government. After her interview yesterday we got this email today from the officer.
Any advise on what to do would be much appreciated?


This refers to your application for permanent residence. Having reviewed your file and taken into consideration you written declarations I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act (IRPA).

Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident. Paragraph 117(1)(a) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the family class if, with respect to a sponsor, the foreign national is the sponsor's spouse, common-law partner or conjugal partner.

Subsection 4(1) of the Immigration and Refugee Protection Regulations states that for the purposes of these Regulations, a foreign national shall not be considered a spouse, a commonlaw partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or (b) is not genuine.

Based on the assessment of your file, including your application, the supporting documentation, and the information you provided during the interview, I am not satisfied that your marriage to your sponsor is genuine and that it was not entered into primarily for the purpose of acquiring any status or privilege under the Act. Specifically, you stated that you are legally married to your sponsor but that no periods of cohabitation have taken place to date.

While you have completed the legal portion of your marriage, this is akin to an engagement in your culture since couples are not considered fully married and allowed to start living together as husband and wife until the wedding reception, which follows a religious marriage, has taken place. I am not satisfied that you meet the definition of spouse as required under IRPA. Before rending a decision, I am providing you with an opportunity to respond to my concerns. Please submit any evidence, proof or information you would like in order to alleviate my concerns listed above within thirty (30) days of this letter. This information can be submitted by courier or e-mail to the address listed below. Please note that you are only required to submit a reply by one method. Please be sure to include your file number.


Thank you

Sorry to hear this. I think you need to provide very strong evidences to prove that your marriage was socially and culturally accepted in addition to being fully registered with the government. Which VO?

 

[Buletruck]

I don't understand how you're supposed to cohabitate with your wife when you guys live in separate countries.

The problem is that, in the country they are from, they aren't husband and wife yet. IRCC accepts marriages from outside of Canada (for the most part), providing they follow legal and cultural norms. If the legal side is complete and the cultural side is considered as relevant to the process, the marriage isn't recognized.

 

[madlouni]

Thank you all for your replies.

VO is Beirut
There was a marriage following the traditions in the country
We had more than 100 persons who joined us from relatives, neighbors and friends

like what jptskt said, if I am in Canada and she is there how can we live together...
I was there for the wedding and the engagement before
we provided pictures for both with names of people who were at those events

not sure what to do...

 

[SAJ_ee2015]

Thank you all for your replies.

VO is Beirut
There was a marriage following the traditions in the country
We had more than 100 persons who joined us from relatives, neighbors and friends

like what jptskt said, if I am in Canada and she is there how can we live together...
I was there for the wedding and the engagement before
we provided pictures for both with names of people who were at those events

not sure what to do...

So you are saying that you haven't stayed together at least for few days after marriage? Have you provided enough proofs for your outings/honeymoon etc?

 

[scylla]

So you are saying that you haven't stayed together at least for few days after marriage? Have you provided enough proofs for your outings/honeymoon etc?

That's not in question. The intent to refuse letter specifically mentions that the VO doesn't believe the marriage is actually a marriage - but rather an engagement. It has nothing to do with whether they've lived together before.

Visa officers are familiar with the cultural norms of the areas they work in. There must be some reason why the officer feels they are just engaged and not married.

 

[SAJ_ee2015]

That's not in question. The intent to refuse letter specifically mentions that the VO doesn't believe the marriage is actually a marriage - but rather an engagement. It has nothing to do with whether they've lived together before.

Visa officers are familiar with the cultural norms of the areas they work in. There must be some reason why the officer feels they are just engaged and not married.

The statement from VO contains following lines:

Specifically, you stated that you are legally married to your sponsor but that no periods of cohabitation have taken place to date


i believe this is the reason why VO thinks that religious ceremony hasn't taken place yet.

 

[madlouni]

So you are saying that you haven't stayed together at least for few days after marriage? Have you provided enough proofs for your outings/honeymoon etc?

We did not do honeymoon as we agreed together that we want to spend the money on something else
we provided pictures for outings in different places alone and with friends and family
a religious celebration was done according to the religion and tradition
We did not skip anything other than throwing a big party we had a small one and no honeymoon that is it

 

[Classic Chucks]

We did not do honeymoon as we agreed together that we want to spend the money on something else
we provided pictures for outings in different places alone and with friends and family
a religious celebration was done according to the religion and tradition
We did not skip anything other than throwing a big party we had a small one and no honeymoon that is it

No honeymoon is a red flag too.