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.
Oh I was really looking to get a good news on your father's application. You will need 2 important things, his ATIP notes (which takes about 30 days ) and a good lawyer.
There is still some light if the lawyer can counter it.
I hope CBSA will spare him some time as well.
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
Do you think an extension would be granted? When my father was requested additional documents and given 30 days to submit them, that letter stated if we're unable to provide info then explain why. Whereas, this letter doesn't contain any such line.
Furthermore, when we did request an extension for the additional documents there was no verification from the Mississauga office or IRCC call centre that our extension was approved. We had assumed it was approved, and in case ir wasn't then we were only late by 1 day from the original due date.
So in this case if I request for an extension, how would I know it has been approved?
Oh I was really looking to get a good news on your father's application. You will need 2 important things, his ATIP notes (which takes about 30 days ) and a good lawyer.
There is still some light if the lawyer can counter it.
I hope CBSA will spare him some time as well.
I was hoping and praying for a good outcome as well. I just cried my heart out after reading the letter.
Do you think an extension would be granted? When my father was requested additional documents and given 30 days to submit them, that letter stated if we're unable to provide info then explain why. Whereas, this letter doesn't contain any such line.
Furthermore, when we did request an extension for the additional documents there was no verification from the Mississauga office or IRCC call centre that our extension was approved. We had assumed it was approved, and in case ir wasn't then we were only late by 1 day from the original due date.
So in this case if I request for an extension, how would I know it has been approved?
I do not see why they wouldn't give you one given the fact that the notes take 30 days to arrive and your fathers case is complicated with CBSA involved. I think the sooner you request the better. is there a correspondence email or mailing address on the letter you can perhaps respond to in regards to a extension. Do not lose hope!
I do not see why they wouldn't give you one given the fact that the notes take 30 days to arrive and your fathers case is complicated with CBSA involved. I think the sooner you request the better. is there a correspondence email or mailing address on the letter you can perhaps respond to in regards to a extension. Do not lose hope!
I am going to request the notes tonight. The letter only gives a link to the Case Specific Enquiry to submit any documents. Hoping the CBSA officer can give some positive insight tomorrow.
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I was hoping and praying for a good outcome as well. I just cried my heart out after reading the letter.
He can apply for PRRA. In that way he will be under an ''unenforceable removal order'' until he gets a final decision 4-12 months.
I was hoping and praying for a good outcome as well. I just cried my heart out after reading the letter.
Is your H&C application still in process ?
He can apply for PRRA. In that way he will be under an ''unenforceable removal order'' until he gets a final decision 4-12 months.
He can't apply for PRRA until they actively try to deport him, which they aren't. He's had the deportation order in effect since end of 2005.
Is your H&C application still in process ?
It's been sitting in Vancouver since start of March 2018. The thing with H&R is that they process on a priority basis and not in order of received. Furthermore, I'm assuming they wouldn't touch the file until a final decision was made on this file.
It's been sitting in Vancouver since start of March 2018. The thing with H&R is that they process on a priority basis and not in order of received. Furthermore, I'm assuming they wouldn't touch the file until a final decision was made on this file.
Pls can u post it on Facebook group cos there are alot of people with similar issues who can help you out asap
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Pls can u post it on Facebook group cos there are alot of people with similar issues who can help you out asap
I wasn't aware of any Facebook groups, do you mind sharing the name or link?
Does anyone know if you need a passport with more than 6 months remaining for the landing interview? Mine expires in October
How long does it take to get GCSM notes once they are ordered?
Which is better GCSM or ATIP? Please guide me as I want to know the real status of my application coz upto now it still says eligibility has not been started yet...
I ordered ATIP as I do not know how to order GCSM...Can anyone guide me how to order GCSM?
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