what does this tell you?

[eh??]

You have responded to some of my comments on this forum and I am seeking your advice. I just got an e-mail from my MP stating the following:

We have contacted the Immigration Office and they advise us that in order for you to sponsor your husband you would have to be a permanent resident, who resides in Canada (you did not reside in Canada on the day on which the application was filed). It was suggested that when you come to ..... you should contact the Immigration Office in...... (address provided)

I am a Canadian citizen by birth and I think I am being classified as a permanent resident. Based on what the MP states do you agree? What should I do? I was automatically rejected because of this and I am trying to find a way for immigrations to acknowledge their mistake so as to avoid a long appeal process or re-applying. For those of you who don't know I was approved as a sponsor in Misissauga and then refused by the local embassy for living with my husband in Greece.

What will going to my local immigrations office do to help me in this situation? Could they somehow do this if they see I have returned to Canada?

Advice?

 

[rrdiggy76]

Well, i'm not sure of the 'correct procedure' but perhaps a reply letter back to your MP stating that you are in fact a Citizen along with the following proof would get the wheels in motion:

Photocopy of Candian Birth Certificate or;
Photocopy of Canadian Passport

and

A copy from the section of the immigration manual (maybe in OP2?) that states CITIZENS can sponsor whilst outside of Canada? (if the evidence exists there - it may be somewhere else in the application guidelines etc)

 

[Miryam]

"If I live outside Canada, can I sponsor?
If you are not a Canadian citizen, you cannot sponsor if you live outside Canada. If you are a Canadian citizen, you may sponsor a spouse, a common-law or conjugal partner, or a dependent child who has no dependent child of his or her own. You must live in Canada when the sponsored person becomes a permanent resident."

IMM3900, Part 1, page 14: http://www.cic.gc.ca/english/pdf/kits/guides/3900E.pdf

 

[Miryam]

"5.10. Sponsors residing abroad
Sponsors residing abroad must meet the requirements in the following table:
Table 9: Sponsors living outside Canada

Canadian citizens residing outside Canada:

• may sponsor their spouse, common-law partner, conjugal partner or
dependent children without dependent children of their own
• must satisfy immigration officials that they will reside in Canada once
their spouse, common-law or conjugal partner and dependent
children become permanent residents in Canada
• must forward their applications directly to CPC-M, where their plan to
return to Canada will be assessed based on documentary evidence
and/or interview assistance from the visa office where necessary

(...)"

IP2 (Processing Applications to Sponsor Members of the Family Class), page 15: http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf

 

[eh??]

Thanks everyone,

Myriam this is exactly what I found out. I will send the information suggested by rrdiggy76 but could going to my local Immigrations office with this information be enough for the embassy to see their mistake?? Or would they just tell me to reapply? I did qualify to the best of my knowledge to be able to reside outside of Canada and did provide proof of returning with spouse of which I was approved by Mississauga.

Could my local immigrations office contact the embassy and make them see the mistake in classification?

 

[rrdiggy76]

Personally, if it was me, i'd pass on all information to everyone i could think of, including local PM, Visa office etc etc until someone rectified the situation.

Granted, all the extra effort is put on your shoulders, but will hopefully disband the requirement to re-apply when back in Canada.