**SEPTEMBER 2018** INLAND SPOUSE SPONSORSHIP

[RKAZI]

Forgive me for removing the very first two inactive members @Djdj9037 and @eck6 from our timeline spreadsheet since they kept it in silence since December 2018. It was done so for a better understanding of our application process and for those who will be going through the same inland spousal sponsorship application process in the future.

I hope you guys understand it as I am sure you received multiple notifications from me and other members. Sowwy but please let us know if you are still active but following the thread silently without logging in to your account

@RKAZI and @Nixey, how are you guys doing? Hope everything is going well...

Lol, I look at this thread time to time to check on the updates. Still waiting for an email from CIC.
My application is still showing background check in process.
I havent completed my medical yet, xrays are still pending, am due in June 2019. so can do xrays after baby is born.
Maybe thats why they havent moved past the background check

 

[Jazzercise]

I just wanted to add to what @macarson has said. My husband is from US and had submitted his FBI check with his initial application. There are two different forms. He filled out one which was apparently for those with a criminal history, and when they processed his fingerprints, they notified him that he filled out the wrong form since he didn't have a criminal history, that he needed to fill the form for those without a criminal history. It just delayed getting the paperwork from them to send to CIC. I personally think it is odd that they would have two different forms to fill (one for those with a criminal history and one without) since the purpose of this background check is to reveal any criminal history, but that is just how they do things.

So if you do come across two form options, just read it carefully and fill out the one that best applies to you to avoid further delays.

I'm very familiar with the FBI "rap sheet" process, and I've never heard of this two form stuff. I'm looking at their site now and not seeing this either. Weird that you were told and made to do this...

Anyway, to further assist @Longroadtoimmigration, you can do it the way others have mentioned. It'll be a bit slower (turnaround for electronic copies is three weeks now?! Yikes!), but also significantly cheaper than the other option, which is via authorized third party channeler. Not sure if they have one where longroad is located, but if they do, it's a real option. It's quite a bit more expensive, but significantly faster since fingerprints are sent electronically. You'll get results within minutes to an hour or two later, max. And yes, regardless of the option chosen, you'll have to bring a passport to the fingerprinting.

 

[macarson]

I'm very familiar with the FBI "rap sheet" process, and I've never heard of this two form stuff. I'm looking at their site now and not seeing this either. Weird that you were told and made to do this...

Anyway, to further assist @Longroadtoimmigration, you can do it the way others have mentioned. It'll be a bit slower (turnaround for electronic copies is three weeks now?! Yikes!), but also significantly cheaper than the other option, which is via authorized third party channeler. Not sure if they have one where longroad is located, but if they do, it's a real option. It's quite a bit more expensive, but significantly faster since fingerprints are sent electronically. You'll get results within minutes to an hour or two later, max. And yes, regardless of the option chosen, you'll have to bring a passport to the fingerprinting.

I sent a PM to @Longroadtoimmigration to clarify things with exact dates. I wasn't really in a rush at the time so the three weeks was the time from filling out the FBI online form to getting the hard copy mailed to me from them (this was a paper application not electronic). In hindsight I could have done the online form and paper fingerprints in one day and mailed them off but I was working and taking my time getting all of my other CIC application paperwork together.

From the time I mailed them it only took one week to get an electronic copy of the report (I didn't know I'd get that at the time) and maybe another week to get the hard copy in the mail. Took maybe a week to have them sent there and received (opened for processing) but I got an email from the FBI saying they got my paperwork and another with the report both on the same day, so it looks like once they have them and start working on them they process them very quickly. All in was about $100 CAD with expresspost shipping ($50 CAD fingerprints, $18 USD FBI check, and $20ish CAD for expresspost). You could probably get this done in 1 week if your timing was good (not mailing them on a Friday) or maybe 2 weeks if you can't get everything done and mailed out in the same day.

 

[Jazzercise]

I sent a PM to @Longroadtoimmigration to clarify things with exact dates. I wasn't really in a rush at the time so the three weeks was the time from filling out the FBI online form to getting the hard copy mailed to me from them (this was a paper application not electronic). In hindsight I could have done the online form and paper fingerprints in one day and mailed them off but I was working and taking my time getting all of my other CIC application paperwork together.

From the time I mailed them it only took one week to get an electronic copy of the report (I didn't know I'd get that at the time) and maybe another week to get the hard copy in the mail. Took maybe a week to have them sent there and received (opened for processing) but I got an email from the FBI saying they got my paperwork and another with the report both on the same day, so it looks like once they have them and start working on them they process them very quickly. All in was about $100 CAD with expresspost shipping ($50 CAD fingerprints, $18 USD FBI check, and $20ish CAD for expresspost). You could probably get this done in 1 week if your timing was good (not mailing them on a Friday) or maybe 2 weeks if you can't get everything done and mailed out in the same day.

That makes sense.

In case anyone else reading this needs a quote for an FBI-approved channeler in Canada, figure it's going to cost close to double what macarson paid. It's not cheap, but it's also super fast if in a time crunch. Also useful if you got the means and don't want the hassle. Whatever you choose, you're getting the same document.

 

[Longroadtoimmigration]

I'm very familiar with the FBI "rap sheet" process, and I've never heard of this two form stuff. I'm looking at their site now and not seeing this either. Weird that you were told and made to do this...

Anyway, to further assist @Longroadtoimmigration, you can do it the way others have mentioned. It'll be a bit slower (turnaround for electronic copies is three weeks now?! Yikes!), but also significantly cheaper than the other option, which is via authorized third party channeler. Not sure if they have one where longroad is located, but if they do, it's a real option. It's quite a bit more expensive, but significantly faster since fingerprints are sent electronically. You'll get results within minutes to an hour or two later, max. And yes, regardless of the option chosen, you'll have to bring a passport to the fingerprinting.

Thanks for the info, I couldn't find electronic fingerprinting here in Edmonton ,so i sent hard copy to them , hoping I get a fast response. The guy at Alberta fingerprinting said I can only get electronic fingerprinting only within the US. I wonder if that's true. Anyways that's what I have been up to all day and I am glad I have send it out to west Virginia through FedEx.
I have till may 3rd to submit to cic.

 

[Jazzercise]

Thanks for the info, I couldn't find electronic fingerprinting here in Edmonton ,so i sent hard copy to them , hoping I get a fast response. The guy at Alberta fingerprinting said I can only get electronic fingerprinting only within the US. I wonder if that's true. Anyways that's what I have been up to all day and I am glad I have send it out to west Virginia through FedEx.
I have till may 3rd to submit to cic.

I wonder if he means fully electronic fingerprinting. If that's what he means, he might be technically right. What I did through a channeler here in Canada is have my fingerprints taken the old-fashioned way, but then those prints were electronically delivered to FBI. Got my results about 20 minutes later. All that said, glad you got that sorted out and in the mail. If you sent an electronic request separate from the fingerprints and proof of payment, you will likely get a report sometime next week or early the week after. Barring some big error on someone else's part, you'll definitely have something by May 3rd.

 

[bushra1122]

My father got a procedural fairness letter today. And I haven't the faintest idea what it is that they arw requesting of us or how we prove it.

 

[Jazzercise]

My father got a procedural fairness letter today. And I haven't the faintest idea what it is that they arw requesting of us or how we prove it.

Sorry to hear. If you don't mind sharing, what did the letter say?

 

[bushra1122]

Here is the letter text:

This letter refers to your application for permanent residence under the Spouse or Common-law Partner in Canada class.

Having reviewed your application, I have concerns that you may not meet the requirements for immigration to Canada.

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.

Subsection 124(b) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the spouse or common-law partner in Canada class if they have temporary resident status in Canada.

On February 18, 2005, the Minister of Immigration Refugees and Citizenship Canada announced a new public policy for spouses and common-law partners, which was published in Operational Bulletin 018 on September 26, 2005 and Operational Manual IP8. Under this policy, foreign nationals, regardless of immigration status, may be assessed under the regulations of the Spouse or Common-law partner in Canada class, if they are the subject of a sponsorship application and are living in Canada with a spouse or common-law partner who is a Canadian citizen or a permanent resident of Canada.

In order to qualify under this public policy, foreign nationals must meet the eligibility requirements for this class and must also meet the admissibility requirements for the granting of permanent residence in Canada. Although the public policy exempts applicants from the requirement to have temporary resident status in Canada and the requirement not to be inadmissible for lack of status, “lack of status” refers to a very limited number of situations. “Lack of status” does not refer to any other inadmissibilities including:
 failure to obtain permission to enter Canada after being deported;
 persons who have entered Canada with a fraudulent or improperly obtained passport, travel
document or visa and who have used the document for misrepresentation under IRPA.
 persons under removal orders or facing enforcement proceedings for reasons other than lack
of status reasons.

I am not satisfied that your “lack of status” qualifies under Public Policy and are therefore not a member of the spouse or common-law partner in Canada class. As you were issued a deportation order due to misrepresentation following the vacation of your refugee claim, you are under a removal order for reason other than lack of status. As such, I am not satisfied that you qualify under Public Policy and are therefore not a member of the spouse or common-law partner in Canada class.
Accordingly, you may not meet the requirements of the Act and Regulations.

Subsections 72(1)(c) and 72(1)(d) of the Regulations indicates that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they are a member of that class and they meet the selection criteria and other requirements applicable to that class.

The onus is on you to satisfy me that you meet the requirements of the spouse or common-law partner in Canada class. I would therefore request that you send any information and/or documents
which you consider might respond to this concern within thirty (30) days from the date of this letter. I must also advise you that failure to disabuse me of my concern may result in the refusal of your
application.

 

[Linda_s74]

Here is the letter text:

This letter refers to your application for permanent residence under the Spouse or Common-law Partner in Canada class.

Having reviewed your application, I have concerns that you may not meet the requirements for immigration to Canada.

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.

Subsection 124(b) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the spouse or common-law partner in Canada class if they have temporary resident status in Canada.

On February 18, 2005, the Minister of Immigration Refugees and Citizenship Canada announced a new public policy for spouses and common-law partners, which was published in Operational Bulletin 018 on September 26, 2005 and Operational Manual IP8. Under this policy, foreign nationals, regardless of immigration status, may be assessed under the regulations of the Spouse or Common-law partner in Canada class, if they are the subject of a sponsorship application and are living in Canada with a spouse or common-law partner who is a Canadian citizen or a permanent resident of Canada.

In order to qualify under this public policy, foreign nationals must meet the eligibility requirements for this class and must also meet the admissibility requirements for the granting of permanent residence in Canada. Although the public policy exempts applicants from the requirement to have temporary resident status in Canada and the requirement not to be inadmissible for lack of status, “lack of status” refers to a very limited number of situations. “Lack of status” does not refer to any other inadmissibilities including:
 failure to obtain permission to enter Canada after being deported;
 persons who have entered Canada with a fraudulent or improperly obtained passport, travel
document or visa and who have used the document for misrepresentation under IRPA.
 persons under removal orders or facing enforcement proceedings for reasons other than lack
of status reasons.

I am not satisfied that your “lack of status” qualifies under Public Policy and are therefore not a member of the spouse or common-law partner in Canada class. As you were issued a deportation order due to misrepresentation following the vacation of your refugee claim, you are under a removal order for reason other than lack of status. As such, I am not satisfied that you qualify under Public Policy and are therefore not a member of the spouse or common-law partner in Canada class.
Accordingly, you may not meet the requirements of the Act and Regulations.

Subsections 72(1)(c) and 72(1)(d) of the Regulations indicates that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they are a member of that class and they meet the selection criteria and other requirements applicable to that class.

The onus is on you to satisfy me that you meet the requirements of the spouse or common-law partner in Canada class. I would therefore request that you send any information and/or documents
which you consider might respond to this concern within thirty (30) days from the date of this letter. I must also advise you that failure to disabuse me of my concern may result in the refusal of your
application.

I'm so sorry to hear that!
Can you remind us of your father's story again? I would obtain a lawyer to help address this. Basically because he is under a removal order for misrepresentation and not just due to lack of status, they are saying he doesn't qualify to be approved under public policy. So I guess the only way out of it is to prove he didn't misrepresent or maybe have a lawyer help file an H&C?

 

[Freshboi]

Here is the letter text:

This letter refers to your application for permanent residence under the Spouse or Common-law Partner in Canada class.

Having reviewed your application, I have concerns that you may not meet the requirements for immigration to Canada.

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.

Subsection 124(b) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the spouse or common-law partner in Canada class if they have temporary resident status in Canada.

On February 18, 2005, the Minister of Immigration Refugees and Citizenship Canada announced a new public policy for spouses and common-law partners, which was published in Operational Bulletin 018 on September 26, 2005 and Operational Manual IP8. Under this policy, foreign nationals, regardless of immigration status, may be assessed under the regulations of the Spouse or Common-law partner in Canada class, if they are the subject of a sponsorship application and are living in Canada with a spouse or common-law partner who is a Canadian citizen or a permanent resident of Canada.

In order to qualify under this public policy, foreign nationals must meet the eligibility requirements for this class and must also meet the admissibility requirements for the granting of permanent residence in Canada. Although the public policy exempts applicants from the requirement to have temporary resident status in Canada and the requirement not to be inadmissible for lack of status, “lack of status” refers to a very limited number of situations. “Lack of status” does not refer to any other inadmissibilities including:
 failure to obtain permission to enter Canada after being deported;
 persons who have entered Canada with a fraudulent or improperly obtained passport, travel
document or visa and who have used the document for misrepresentation under IRPA.
 persons under removal orders or facing enforcement proceedings for reasons other than lack
of status reasons.

I am not satisfied that your “lack of status” qualifies under Public Policy and are therefore not a member of the spouse or common-law partner in Canada class. As you were issued a deportation order due to misrepresentation following the vacation of your refugee claim, you are under a removal order for reason other than lack of status. As such, I am not satisfied that you qualify under Public Policy and are therefore not a member of the spouse or common-law partner in Canada class.
Accordingly, you may not meet the requirements of the Act and Regulations.

Subsections 72(1)(c) and 72(1)(d) of the Regulations indicates that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they are a member of that class and they meet the selection criteria and other requirements applicable to that class.

The onus is on you to satisfy me that you meet the requirements of the spouse or common-law partner in Canada class. I would therefore request that you send any information and/or documents
which you consider might respond to this concern within thirty (30) days from the date of this letter. I must also advise you that failure to disabuse me of my concern may result in the refusal of your
application.

I agree that you should seek professional legal advice on this if you can. They are claiming that your father's lack of status is due to a reason that makes him ineligible to be sponsored (that he misrepresented himself after his refugee claim was vacated). Do you think what they are saying is incorrect? If so, think about how you can demonstrate they are incorrect and what evidence you can provide. They are giving you a chance to change their minds.

 

[bushra1122]

I am in the process of seeking professional help, I have also contacted the CBSA officer responsible for his file and she'll get back to me tomorrow after consulting with her colleagues.

We had already filed an H&C for him in March 2018. We later came to know through a Service Canada employee he could be sponsored by his wife and that's when we applied under spouse in-canada class in September 2018.

I had such high hopes to be able to give mum n dad good news.

 

[rabidjess]

I am in the process of seeking professional help, I have also contacted the CBSA officer responsible for his file and she'll get back to me tomorrow after consulting with her colleagues.

We had already filed an H&C for him in March 2018. We later came to know through a Service Canada employee he could be sponsored by his wife and that's when we applied under spouse in-canada class in September 2018.

I had such high hopes to be able to give mum n dad good news.

that's definitely the right steps to take, also make sure you also order your notes from the file. Do you have copies of the application that you can reference to see if there might have been any errors in the paperwork vs the previous claims?. You can ask for an extension to respond to the letter so use the time you have and try to gather as much information from CBSA and the notes in order to tackle this with the help of proper council. Misrepresentation is a serious accusation and can lead to big problems plus a deportation order also on file. I hope the best for your family!

 

[bushra1122]

that's definitely the right steps to take, also make sure you also order your notes from the file. Do you have copies of the application that you can reference to see if there might have been any errors in the paperwork vs the previous claims?. You can ask for an extension to respond to the letter so use the time you have and try to gather as much information from CBSA and the notes in order to tackle this with the help of proper council. Misrepresentation is a serious accusation and can lead to big problems plus a deportation order also on file. I hope the best for your family!

How long does it take to get GCSM notes once they are ordered?

 

[rabidjess]

How long does it take to get GCSM notes once they are ordered?

it typically takes around 30 days which is why you may need to request an extension to respond so you have time to review everything