How Springwind Immigration Consulting Service Inc. Helped With A Spousal Sponsorship Application
At Springwind Immigration Consulting Service Inc., we are an immigration firm in Toronto, Ontario, Canada. We pride ourselves on providing individualized solutions to solve complex immigration issues for clients.
Often, we encounter DIY clients who get their applications rejected. That’s when they realize the value of a professional immigration consultant, and we’re always ready to step in and deal with their case no matter how challenging it may get. Please keep reading to learn about how we helped with a spousal sponsorship application.
The Challenge: The client did not initially declare her relationship with her husband.
The client submitted a spousal sponsorship application to the IRCC after receiving advice from a forum where a group of DIY applicants shared their experiences.
As a result, the application was returned by the IRCC as deemed incomplete. In total, the application got returned to her three times due to different errors she made.
The IRCC didn’t need to point out where the multiple mistakes got made. It was sufficient for them to highlight only one error and return the application package. Therefore, she fixed one problem at a time when the IRCC returned her application.
Finally, her fourth attempt was successful, as the IRCC didn’t return her application. However, what happened to her next was worse than receiving a returned application. Her application got refused!
What was detrimental to the application was the reason for the refusal. The IRCC determined that her husband was an excluded family member, meaning she could not sponsor him.
The Visa Officer alleged that she did not declare her relationship with her husband when she applied to become a permanent resident of Canada. This determination made her potentially inadmissible to Canada, and she ran the risk of being issued a removal order.
The Solution: Made the couple’s mothers sign an affidavit.
The client made an appointment with us for a paid initial consultation, for which we charged our nominal fee of $169 CAD.
After asking critical questions to the client, we had a preliminary understanding of the issue. However, we also requested GCMS notes regarding the previously rejected application from the visa officer. We did this through the Access to Privacy and Information Act (ATIP).
When the file came back through the ATIP request, we found that the answers her husband (principal applicant) provided to the visa officer did not help win the case.
The main hurdle to the application’s success was a marriage certificate that was sworn under the family act of the country where the marriage occurred. The declaration proved that the sponsor had a common-law relationship with the applicant for more than five years.
That would mean she was in a common-law relationship when she applied to become a permanent resident. However, she declared herself as “single” in that application. So we had two main issues to overcome: documentary evidence and oral interview in favor of the visa officer’s decision.
We felt there was a lot more to the story regarding the complexity of their long-distance relationship. So, we decided to dig deeper into their relationship history by conducting interviews with the husband and the wife.
Even though the husband didn’t speak English well and was not in Canada, we were adamant that this interview must take place. We interviewed the husband online using Zoom and an interpreter. Through our concerted efforts, we discovered a period where there was a relationship breakdown around the time the sponsor submitted her PR application.
That was a pivotal moment for us. However, we realized it would be difficult to prove to the IRCC as they may feel it was a made-up story to overcome the misrepresentation. So we interviewed the sponsor’s mother and her husband’s mother. We got them to sign an affidavit to provide evidence to support the relationship narrative.
We also researched the family law act in the client’s country of origin, which was challenging. However, our persistent immigration consultant understood the relevant details and explained why the marriage got sworn under a particular clause.
The Bottom Line
It took about a month to gather all the evidence and necessary documents to put together a sound case file. We managed to get a successful verdict, and the couple and their families were elated.
If you’re facing a similar issue, contact Springwind Immigration Consulting Service Inc. today. As the best immigration company in Scarborough, Toronto (ON), we excel in offering professional guidance.
Our team assists with skilled worker immigration, business immigration/investors, family immigration, refugee protection claim, inadmissibility, and citizenship. We also empower immigrant workers and foreign students. We serve clients across Scarborough, North York, Toronto, Richmond Hill, and Markham within Canada and also immigration aspirants worldwide.