Non-compliance equals applicant’s rejection

As a result of a number of refusals of permanent resident applications from within Canada, I am compelled to address this very important issue.

Immigration and Refugee Protection law states that a person who makes an application must answer truthfully to all questions put to them for the purposes of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

Within the last month a number of persons have contacted my firm with respect to the refusal of their applications for permanent residence from within Canada based on the spouse or common-law partner in Canada class.

All these persons have been sponsored by their respective spouses and have had their first stage approval in principle, allowing them to process their applications from within Canada and also apply for employment authorizations.

These approvals are now electronically sent to the representative or applicant to an email address indicated in the application. Of course, if there is no email it will be sent through regular mail to the mailing address on file.
The first stage approval states the applicant has met eligibility requirements and sets out certain instructions and indicates that to continue processing the application certain information is required.

For example:

  • Your complete work history or your complete address for the period stipulated.
  • A photocopy of your passport and/or medical examination, or if you have resided in any country for more than six months, a police certificate.
  • You may indicate you have dependents overseas under 19 years old. The officer will tell you to download a form or may send you one and request you provide the dependent information and return same, and may request the dependent child undergo a medical examination.
  • Charges or criminal convictions.

A date will be indicated by which time the information must be sent.

I have been informed by a few clients that further information requested was forwarded to their previous counsel for completion but these persons failed to inform the applicants and as such the application was refused and they were told they now must leave Canada.

In a particular case, an applicant who submitted his own spousal application indicated an email address on same. The CIC requested additional information through his email but, sadly, he seldom checks email and as a result his application was refused. He now must prepare and submit another application.

Citizenship and Immigration is now very strict as to how they process inland applications for permanent residence and other applications from within Canada.

If they request information and the same is not furnished within the time stipulated either by your representative or yourself the application will be refused. They do not give you a second chance no matter how compelling your circumstances are, so it is very important that you always check your email, postal mail or your representative for any further communication from the CIC.

A number of persons have been ordered to leave Canada and their spouse now has to file another application to be processed overseas, causing separation, hardship, expense and stress. You can avoid this by making regular enquiries from CIC.

Sukhram Ramkissoon is a member of ICCRC and specializes in immigration matters at 3089 Bathurst St., Suite 219A, Toronto. Phone 416-789-5756.