Sometimes, couples marry each other and their marriage is not valid under Canadian law such as religious marriage, marriage by proxy when the parties are not physically present, and so on. If the relationship is genuine the conversion of a spousal sponsorship into a conjugal sponsorship may be allowed. This type of conversion is referred to as a Tabesh conversion. A Tabesh conversion can be used when a marriage is not valid under Canadian law, but the couple are in a genuine common-law or conjugal relationship. The objective of this conversion is to avoid unnecessary delays in processing an application when the facts of the case are the same or similar facts in the membership of the partner class.
Let us help you with your sponsorship application (family class) to avoid receiving refusal letters from Immigration, Refugees, and Citizenship Canada (IRCC). If you receive a refusal letter from IRCC you have several options depending on your early submission:
1. Reapply,
2, Ask IRCC for reconsideration of the immigration officer’s decision, or
3. Appeal the refusal.
To avoid receiving a refusal letter such as the following, contact us to help you with your sponsorship application:
The application has been refused because the Applicant does not meet the requirements of the Immigration and Refugee Protection Act. I have attached a copy of the refusal letter sent to the applicant which explains the reason(s) for the refusal.
Subsection 63(1) of the Immigration and Refugee Protection Act allows a person who has filed in the prescribed manner an application to sponsor a foreign national as a member of the family class to appeal to the Immigration Appeal Board against a decision not to issue the foreign
national a permanent resident visa. If the Appeal Division finds that an applicant is not a member of the family class, and/or that the
sponsor is not a sponsor within the meaning of the Regulations, the Appeal Division will only have
jurisdiction to consider the appeal under subsections 67(1)(a) and (b), that read:
67(1) To allow an appeal, the Immigration Appeal Division must be satisfied that, at the time the appeal is disposed of,
(a) the decision appealed is wrong in law or fact or mixed law and fact;
(b) a principle of natural justice has not been observed(…)
If you decide to appeal this decision, you may commence an appeal by completing and submitting a Notice of Appeal to one of the addresses on the enclosure entitled Important Instructions
I have now completed the assessment of your application for a permanent resident visa as a member of the family class, the class in which you applied. I have determined that you do 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.
Paragraph 117(1)(a) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the family class if, with respect to a sponsor, the foreign national is the sponsor’s spouse, common-law partner or conjugal partner.
Pursuant to section 2 of the regulations, a conjugal partner means, in relation to a sponsor, a foreign national residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship for a period of at least one year.
Pursuant to subsection 1(1) of the regulations, a common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year.
R2 of the Regulations stated that in respect of a marriage that took place outside Canada, means a marriage that is valid both under the laws of the jurisdiction where it took place and under Canadian law.
Based on the evidence submitted with your application, I am not satisfied that you meet the following:
Your marriage certificate is not considered a valid marriage certificate in the country it was solemnized in. Based on the evidence on file, you do not meet the provisions for common-law as you have not cohabitated for a period of 12 months, and you do not meet the provisions for conjugal relationship as you were able to solemnize your marriage in a third country obtaining a legal marriage certificate.
Subsection 4(1) of the Immigration and Refugee Protection Regulations states that for the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership
(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or
(b) is not genuine.
Based on the assessment of your information, including your application, the supporting documentation, and the information you provided during the interview, I am not satisfied that your marriage to your sponsor is genuine or that it was not entered into primarily for the purpose of acquiring permanent residence in Canada. As a result, I am not satisfied that you are a member of the family class.
Contact to speak to our experienced Vancouver Immigration law at YA Law Corporation: admin@yalaw.ca