My wife been living in Canada since 5. Her dad entered Canada with her under fake name and she had not clue. We got married in July 2016 and found out about all that in September 2016 when cbsa caught her dad and deported him because of fake name and he was Living in the country as refugee and got denied because he wasn't able to provide police report from India. Then we found out she was born in USA and not India and her real name. We went to USA ambassy and they gave her a new American passport. Then we got a lawyer and got remarried with her real name and applied for her PR under her real name. We even went to meet the CBSA officer who deported her dad and because her case was with her father she was also under removal order. He said he won't deport her because its obviously not her fault, she was 5 but that she is still under removal and he won't take any action and to go and do spousal sponsorship for PR. She passed RCMP test, medical, but then we received a letter saying
" 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.
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. You are subject to an A44 report since August 2016 for inadmissibility under A40(1)(a) and A42(1)(a). 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."
We explained everything in our PR application and she didn't misrepresented it was her father she was only 5 and found out now that her name is not real. She is currently with no status under the new name and lawyer said he will email them and do what he gotta do.
Did anyone else went through this? Any advice?
Thank you.
" 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.
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. You are subject to an A44 report since August 2016 for inadmissibility under A40(1)(a) and A42(1)(a). 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."
We explained everything in our PR application and she didn't misrepresented it was her father she was only 5 and found out now that her name is not real. She is currently with no status under the new name and lawyer said he will email them and do what he gotta do.
Did anyone else went through this? Any advice?
Thank you.
