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Help Mr. Andrew Miller on rejetion of wife Visa(URGENT)

Help Mr. Andrew Miller on rejetion of wife Visa(URGENT)

Old May 18th 2007, 5:15 am
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Question Help Mr. Andrew Miller on rejetion of wife Visa(URGENT)

My wife has recd a letter from immigration office in new delhi about rejection of her canadian PR.I sponsored her as I am a PR.The rejection letter says" The marriage between you and your sponsor was performed on june 16 2004.your sponsor did not declare the change of his marital status during the processing of his case in london.A PR visa was issued to him on august 18 2004 and he was landed in canada on dec 13 2004.He also did not inform the change of his marital status at the port of entry when he was granted a permanent resident status in canada.Your sponsor did not include you as his family member on his application and you were not examined.you are excluded as a member of the family class pursuant to section 117(9)(d) of the immigration and refugee protection regulations"

The date of visa mentioned here is wrong ,actually my visa date is 23/06/2004.

Also I checked my landing papers in which I have made this mistake of not declaring any dependent.I dont know how it happened.......... i am totally clueless now.I dont know how to proceed now.

I went back in 15 days after my first visit and then returned on aug20 , 2006.I applied my wife's PR in January this year(2007)

Please let me know what shall I do.I will appreciate your urgent response in this regard.Please help me.
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Old May 18th 2007, 6:14 am
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Default Re: Help Mr. Andrew Miller on rejetion of wife Visa(URGENT)

Hi

Originally Posted by pukh75
My wife has recd a letter from immigration office in new delhi about rejection of her canadian PR.I sponsored her as I am a PR.The rejection letter says" The marriage between you and your sponsor was performed on june 16 2004.your sponsor did not declare the change of his marital status during the processing of his case in london.A PR visa was issued to him on august 18 2004 and he was landed in canada on dec 13 2004.He also did not inform the change of his marital status at the port of entry when he was granted a permanent resident status in canada.Your sponsor did not include you as his family member on his application and you were not examined.you are excluded as a member of the family class pursuant to section 117(9)(d) of the immigration and refugee protection regulations"

The date of visa mentioned here is wrong ,actually my visa date is 23/06/2004.

Also I checked my landing papers in which I have made this mistake of not declaring any dependent.I dont know how it happened.......... i am totally clueless now.I dont know how to proceed now.

I went back in 15 days after my first visit and then returned on aug20 , 2006.I applied my wife's PR in January this year(2007)

Please let me know what shall I do.I will appreciate your urgent response in this regard.Please help me.
1. You failed to include your spouse in your application (the visa date is immaterial) as you were married prior to "landing" and your spouse was not examined, so she is not a member of the family class and cannot be sponsored. So her application was refused.
2. You have the right of appeal to the IAB but I would not hold any hope of success. You may wish to read :http://decisions.fct-cf.gc.ca/en/200...2006fc481.html where the Federal court has upheld the decision of IAB that dependents not examined or included in the application are not members of the family class.

3. You could attempt to submit a Humanitarian and Compassionate application under 25(1) of the Act, but I wouldn't hold out very much hope.

4. Your problem is going to be that it is quite likely that you are going to be reported under the Immigration Act for obtaining your "landing" by misrepresentation, i.e. failing to declare that you were married at "landing"

5. It is time to hire a good Immigration lawyer or consultant to protect yourself from removal. Good luck, you will need it.
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Old May 18th 2007, 11:37 am
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Default Re: Help Mr. Andrew Miller on rejetion of wife Visa(URGENT)

PMM outlined all perfectly. I only want to emphasize that any attempt to go through H&C route (#3 on PMM's list) has to wait until misrepresentation and potential loss of PR status matters (#4 on PMM's list) are positively resolved.

And there was not a "mistake" made during landing - it was a deliberate omission and misrepresentation when you said "nothing changed" (or something to this respect) when asked standard question during landing process.
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Old May 18th 2007, 12:28 pm
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Default Re: Help Mr. Andrew Miller on rejetion of wife Visa(URGENT)

Dear Miller & PMM,

Thank you very much for your advice.As per your advice I would like to know some good immigration lawyers in Toronto who might have handled such cases previously and any other process which might be helpful in getting positive result.
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Old May 18th 2007, 9:55 pm
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Default Re: Help Mr. Andrew Miller on rejetion of wife Visa(URGENT)

I'm afraid you don't understand the magnitude of your problem.

Any day now you will get letter from CIC telling you about inadmissibility hearing due to omission/misrepresentation during your application and landing process. As far as current records show nobody yet won the hearing under your circumstances. You will be declared inadmissible to Canada and removal order will be issued (if lucky you may get voluntary departure order).

You will have the right to appeal this decision to IAD and your only option would be to do it on Humanitarian and Compassionate grounds. But your problem is that, unlike very few others who succeeded with H&C route you are alone here, your family is abroad. More - you left Canada immediately after landing and remained abroad for over 2 years, and returned only to sponsor your family, so it will not help at all.

If (and most likely you will) you lose appeal process you may file for Judicial Review with Federal Court and about year later you will find your fate.

Now the worst part - the cost. An average immigration lawyer (not the good or best) will charge you about $300 - $400 per hour and it will include all time s/he and staff spend on your case - thinking about it, talking about it among themselves, talking with you, doing preparation and research, writing letters, attending hearings, etc., etc...... And of course you will have to start with retainer fee of few thousands first.

The first part, just the inadmissibility hearing, will likely cost you anywhere between $4,000 to $10,000 or more.

The second part - IAD appeal - will cost you another $5,000 to $10,000+.

And finally, if you go to Federal Court you are facing $10,000 to $25,000+ in legal expenses.

Time - inadmissibility hearing 4 to 12 months from the letter, IAD appeal another 12 or so months and application for Judicial Review in Federal Court another 8 to 12 months.

All of the above is of course only about your PR status, nothing about sponsorship case yet.... - but due to time limitations for appeal you will have to start it now too, with similar costs as described above (for IAD and Federal Court).

Start shopping for experienced lawyer and don't hope for any bargain prices.

Sorry to bring bad news to you, but you really messed up big time.

Last edited by Andrew Miller; May 18th 2007 at 10:03 pm.
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Old May 19th 2007, 5:47 am
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Default Re: Help Mr. Andrew Miller on rejetion of wife Visa(URGENT)

It is sad, but how many times is this going to happen? I have seen numerous posts saying if ANYTHING changes let the CIC know and marriage is a pretty big change in my book.

But every few months we hear of someone landing who has got married and not told the CIC and then this happens and it hits the fan big time. When will people learn? We could almost do with a message at the top of the board saying, "IF ANYTHING IN YOUR CIRCUMSTANCES CHANGES, NOTIFY THE CIC IMMEDIATELY."


Originally Posted by Andrew Miller

Sorry to bring bad news to you, but you really messed up big time.
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Old May 20th 2007, 9:04 pm
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Default Re: Help Mr. Andrew Miller on rejetion of wife Visa(URGENT)

Originally Posted by Colsgirl
It is sad, but how many times is this going to happen? I have seen numerous posts saying if ANYTHING changes let the CIC know and marriage is a pretty big change in my book.

But every few months we hear of someone landing who has got married and not told the CIC and then this happens and it hits the fan big time. When will people learn? We could almost do with a message at the top of the board saying, "IF ANYTHING IN YOUR CIRCUMSTANCES CHANGES, NOTIFY THE CIC IMMEDIATELY."
yea. This kind of things happen so many times.

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Old Aug 15th 2007, 3:53 pm
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Default Re: Help Mr. Andrew Miller on rejetion of wife Visa(URGENT)

Originally Posted by Andrew Miller
I'm afraid you don't understand the magnitude of your problem.

Any day now you will get letter from CIC telling you about inadmissibility hearing due to omission/misrepresentation during your application and landing process. As far as current records show nobody yet won the hearing under your circumstances. You will be declared inadmissible to Canada and removal order will be issued (if lucky you may get voluntary departure order).

You will have the right to appeal this decision to IAD and your only option would be to do it on Humanitarian and Compassionate grounds. But your problem is that, unlike very few others who succeeded with H&C route you are alone here, your family is abroad. More - you left Canada immediately after landing and remained abroad for over 2 years, and returned only to sponsor your family, so it will not help at all.

If (and most likely you will) you lose appeal process you may file for Judicial Review with Federal Court and about year later you will find your fate.

Now the worst part - the cost. An average immigration lawyer (not the good or best) will charge you about $300 - $400 per hour and it will include all time s/he and staff spend on your case - thinking about it, talking about it among themselves, talking with you, doing preparation and research, writing letters, attending hearings, etc., etc...... And of course you will have to start with retainer fee of few thousands first.

The first part, just the inadmissibility hearing, will likely cost you anywhere between $4,000 to $10,000 or more.

The second part - IAD appeal - will cost you another $5,000 to $10,000+.

And finally, if you go to Federal Court you are facing $10,000 to $25,000+ in legal expenses.

Time - inadmissibility hearing 4 to 12 months from the letter, IAD appeal another 12 or so months and application for Judicial Review in Federal Court another 8 to 12 months.

All of the above is of course only about your PR status, nothing about sponsorship case yet.... - but due to time limitations for appeal you will have to start it now too, with similar costs as described above (for IAD and Federal Court).

Start shopping for experienced lawyer and don't hope for any bargain prices.

Sorry to bring bad news to you, but you really messed up big time.
Mr. Miller,

Some questions, please!

1. Is there anyone been removed even if s/he didn't do it intentionally?

2. If first option was taken, removal order / volutarily departure order, may one try to visit / immigrate to Canada again after leaving the country? (eg. skilled-worker, student, tourist, etc)

3. If taking the second option, going under H&C, does it help to keep her/his residency? Or just helping her/him to be able to stay in Canada but no hope to clarify the misrepresentation situation? How long will that H&C route be? May one live and work normally as a resident in the mean time? Should one not going anywhere in that period of time (especially like pukh75 is alone here, can't even go back to see his wife / family)?

Many thanks in advance!
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Old Aug 15th 2007, 5:45 pm
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Default Re: Help Mr. Andrew Miller on rejetion of wife Visa(URGENT)

Originally Posted by badSponsor
1. Is there anyone been removed even if s/he didn't do it intentionally?
Unintentionally?!!!

Who are you kidding???

How someone can say "nothing changed" when asked standard question during landing process if person has changed marital status. There is nothing unintentional about it. It was an intentional lie, a fraudulent misrepresentation.

And yes, people are deported for this quite frequently.

Originally Posted by badSponsor
2. If first option was taken, removal order / volutarily departure order, may one try to visit / immigrate to Canada again after leaving the country? (eg. skilled-worker, student, tourist, etc)
Once removed from Canada for fraudulently obtaining PR status then person is inadmissible to Canada.

Originally Posted by badSponsor
3. If taking the second option, going under H&C, does it help to keep her/his residency? Or just helping her/him to be able to stay in Canada but no hope to clarify the misrepresentation situation? How long will that H&C route be? May one live and work normally as a resident in the mean time? Should one not going anywhere in that period of time (especially like pukh75 is alone here, can't even go back to see his wife / family)?
H&C application for the spouse will be put on hold until your misrepresentation and fraudulent landing matter is resolved. And of course once you are removed from Canada H&C case will be closed.

Again - start your own thread, never ask question attached to such old thread, even if relevant as most of us don't usually re-visit old threads.
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Old Aug 15th 2007, 6:12 pm
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Default Re: Help Mr. Andrew Miller on rejetion of wife Visa(URGENT)

Why these "unintentional" misrepresentations about changes to marital status almost exclusively happen to immigrants from India, sometimes from China and few other places in Asia?

Last edited by NewCanadian; Aug 15th 2007 at 6:20 pm.
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Old Aug 15th 2007, 8:16 pm
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Default Re: Help Mr. Andrew Miller on rejetion of wife Visa(URGENT)

Originally Posted by NewCanadian
Why these "unintentional" misrepresentations about changes to marital status almost exclusively happen to immigrants from India, sometimes from China and few other places in Asia?
On other hand i am wondering, what could be reason for an apparently successful applicant to take this kind of fatal action deliberately?

I just want to give them benefit of doubt, unless we can identify potential motive clearly.

I am not an indian but a Pakistani based in Singapore, as there are many similarities between both. I can say (at least for Pakistanis assume same for Indian as well) they have very casual attitude, take things for granted and sometime create big mess for ourselves out of sheer stupidity or lack of attention to details.

I have lot of respect for my Indian friends, but when i see this kind of stories it sounds too familiar to me. Most of these peoples are using DIY method, so if they make a mistake there is no one to stop them before something happen.

So they might be stupid and might pay undue high price for that, but stupidity is not a crime at not in Canada (though they would still lose their PR as law is very clear).

By the way!
I am not here to defend them if someone has done something wrong in the process as Andrew has rightly pointed out many time most of doubtful claims of qualification originate from these few (Pakistan, India and China) countries.
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