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Results of the evaluation and reasons for refusal
Two decisions can be made following evaluation of your application:
- Acceptance : If your undertaking application is accepted,
you will receive a letter in the mail confirming its acceptance, a copy of
the accepted undertaking application and an envelope containing the Certificat
de sélection du Québec (CSQ - Québec Selection Certificate)
which you must send to the sponsored person.
- Refusal : If your undertaking application is refused, you
will receive a refusal letter in the mail specifying the reasons.
Reasons for refusal
An undertaking application can be refused. Here are some of the most common
reasons for refusal:
- Social assistance: if you are receiving social assistance and you are not exempt from this condition.
- Conviction for a sexual offence or crime against the person: if you
have been found guilty of a sexual offence or crime against the person
a member of your family in Canada or abroad or an attempt or threat to
commit such a crime.
- Failure to fulfill a previous undertaking: if the person you sponsored has received social assistance benefits and the Ministère
de l’Emploi et de la Solidarité sociale (MESS) determines
that, based on the rules, you have defaulted, your application will be
automatically refused, unless you are able to demonstrate that you reimbursed
all sums due.
- Failure to pay alimony: if, over the last five years, you failed to
respect your obligations and a judgment order was issued requiring you
to fulfill your alimony obligations, your application could be refused
unless you have subsequently reimbursed all sums due.
- Financial incapacity: if your income is insufficient for an undertaking
according to financial requirements.
- Other reasons: if you are being detained or targeted by a removal order
under the Immigration and Refugee Protection Act.
- The person you are sponsoring does not belong to the Family Class.
- Submitting all the documents required: if you do not submit all the
documents required or all supporting documentation, your application may
be refused.
Appealing a refusal of your undertaking commitment
If your undertaking application was refused, you can appeal the decision before
the social affairs section of the Tribunal administratif du Québec (TAQ).
Once you have received the letter indicating the reasons for the refusal of
your application, you have 60 days to file an appeal with the Tribunal. Information
concerning how to proceed with an appeal is contained in the refusal letter.
Upon receipt of your application for appeal, the TAQ will hold a hearing where
you will have an opportunity to present your arguments and testimony by witnesses
in support of your application, if applicable. After hearing both parties in
the dispute, the tribunal has the power to confirm, modify or overturn the
decision rendered by the department that reviewed your undertaking application.
Useful link
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