Spousal Sponsorship REFUSAL - help!

[allen80629]

I am very sorry to hear that. I went through the same thing as you did but we somehow managed to survive
I notice that you submitted a lot of evidences beside the evidences of joint bank accounts and joint cc because you can't afford one. However, I believe that most of the banks won't charge fees if you open a joint account or add someone as secondary cardholder to the cc. If you wish to reapply I will recommend you and your husband go open a joint account and add you as secondary cardholder, and most importantly, start using them for grocery, bills or other daily expenses. I believe this could be very helpful for you. Good luck

 

[shalenabennie]

So my MP office isn't proving helpful at all. I sent in all the supporting documents I'd sent to IRCC, and spoke with the office today.

She says she spoke to immigration & they advise I reapply. She just kept reading out their refusal letter of limited evidence, and telling me they advise I reapply.

I told her that wasn't really helpful, as I so obviously met the requirements, and I don't LOGICALLY understand how someone can look at all my evidence and refuse me. 3 pieces of government issued paperwork have us living together long before the requirement, I WAS 4 MONTHS PREGNANT WITH OUR CHILD, I had my letter from a past employer, our midwife, my bank statements showing I sent him money for the mortgage. Not to mention our NOTARISED common law declaration.

I just don't understand. I've said I wanted an explanation WHY that is considered limited evidence and hasn't been accepted.

She started advising me to ask all my neighbours to write me letters, as that can help (with a second application), but it honestly feels like a joke; letters from my elderly neighbours who probably can't even remember when they first saw me at the house, is worth more than my record of employment, and all my tax letters? Like, what?

She said she'd phone them back again, but that immigration "hardly ever reopens cases they refuse". She also said she'd phone other MP offices they work with, and ask around. But I feel like she's not really assisting me other than telling me how it is. I thought she'd be able to argue it with immigration, not just report back they want me to reapply.

I just don't understand. I'm thinking of contacting the appeal board - does the appeal process itself cost money, or is the expense just for legal counsel they advise you get?

I am at the end of my rope here - I can't believe I'm just being told to reapply. I have nothing more official to add to a second application, other than neighbours letters and more letters from other health professionals, that I was suggested to get.

**Edited; She also opened the phone call with "ok but you don't have an open case with immigration, correct?" I'm like, "well, no because it was just refused."
"Ok, well reapply so you have an open file and we'd be able to discuss more with immigration."
I just honestly feel so let down, and disappointed.

Hi! I've heard about denials going on alot lately not sure why. My husband was denied, we appealed, and won) and it didn't cost a cent....

 

[canuck_in_uk]

Appeals are free and if you relationship is genuine and you have all the supporting documents I wouldn't worry about a lawyer. You'll probably get an adr a few months after you apply. If you want to go the other way, you can always get the court house wedding abd have a ceremony in 5 years (like a vow renewal) that's what my husband and I are planning to do because we got married without our friends and family also, we were given 30 days to file for the appeal?

There is no appeal option for inland refusals. OP would have to apply for a judicial review in Federal Court, which requires a lawyer and costs a lot.

 

[shalenabennie]

There is no appeal option for inland refusals. OP would have to apply for a judicial review in Federal Court, which requires a lawyer and costs a lot.

No way!? Wow thats unfortunate. Do you know why? I'll delete my post. I never heard of that before if they did a courthouse marriage and applied for the spouse, do you think cic would have any issues with the genuiness of the relationship considering they were just denied common-law or is that an option for them? Abd then the can have a ceremony later on when they are more financially stable.

 

[canuck_in_uk]

No way!? Wow thats unfortunate. Do you know why? I'll delete my post. I never heard of that before

I never looked into the reason behind it.

 

[np08]

I never looked into the reason behind it.

I remember a few years ago people saying it was because applicants get to stay in Canada while an inland application is being processed and if they're denied, then they should have to leave Canada instead of getting to stay even longer while an appeal is being processed. As in, being in Canada is a privilege and most denials are sound denials, thus the person shouldn't "use" Canada even further.

However, that argument falls apart today in the face of reforms that allowed for OWPs that are not revoked upon denial of a PR application, meaning people can legally stay in Canada regardless of the denial, until the expiration of their OWP. Though appeals can take a long time so I guess in the end the person would stay beyond the expiration of their OWP, in the case of an appeal.

 

[canuck_in_uk]

I remember a few years ago people saying it was because applicants get to stay in Canada while an inland application is being processed and if they're denied, then they should have to leave Canada instead of getting to stay even longer while an appeal is being processed. As in, being in Canada is a privilege and most denials are sound denials, thus the person shouldn't "use" Canada even further.

However, that argument falls apart today in the face of reforms that allowed for OWPs that are not revoked upon denial of a PR application, meaning people can legally stay in Canada regardless of the denial, until the expiration of their OWP. Though appeals can take a long time so I guess in the end the person would stay beyond the expiration of their OWP, in the case of an appeal.

There has been a lot of speculation about it. As far as I know, IRCC has never published reasons why.

 

[Torablack]

Hi! I've heard about denials going on alot lately not sure why. My husband was denied, we appealed, and won) and it didn't cost a cent....

Can you elaborate more on this? I thought less denials were being done due to the Liberal government increasing immigration figures and wait times to avoid family separation??

 

[JYC]

Can you elaborate more on this? I thought less denials were being done due to the Liberal government increasing immigration figures and wait times to avoid family separation??

This only apply to cases that are simple and straight forward, if either the sponsor or the applicant has immigrant history, previous marriages or previous sponsorship, most likely their cases will get rejected. So in the end they allow more and faster processing for simple cases in the expense of more complicated cases will get rejected.

 

[david_gat88]

This only apply to cases that are simple and straight forward, if either the sponsor or the applicant has immigrant history, previous marriages or previous sponsorship, most likely their cases will get rejected. So in the end they allow more and faster processing for simple cases in the expense of more complicated cases will get rejected.

Could you please share how you manage to win the appeal, was it inland? What steps did you take? Did they send you a procedural fairness letter? Did they give you time to address any concern?

Don't want to start an argument, but your statement seems a bit off, previous marriages, etc won't be a reason to be refused, unless you're application is very weak(lack of evidence). For my understanding they will always give you a chance to clear any doubt they could have and if you have the proof, what reason will they have to reject the application?

It's crazy and scary if they can actually just say I don't like this application, REFUSED.

 

[canuck_in_uk]

This only apply to cases that are simple and straight forward, if either the sponsor or the applicant has immigrant history, previous marriages or previous sponsorship, most likely their cases will get rejected. So in the end they allow more and faster processing for simple cases in the expense of more complicated cases will get rejected.

Don't project your experience on to everyone else. Most of those cases will not get rejected.

 

[shalenabennie]

Could you please share how you manage to win the appeal, was it inland? What steps did you take? Did they send you a procedural fairness letter? Did they give you time to address any concern?

Don't want to start an argument, but your statement seems a bit off, previous marriages, etc won't be a reason to be refused, unless you're application is very weak(lack of evidence). For my understanding they will always give you a chance to clear any doubt they could have and if you have the proof, what reason will they have to reject the application?

It's crazy and scary if they can actually just say I don't like this application, REFUSED.

I'm not sure if your referring to me or not but no, my application is outland. My husband was denied due to a previous criminal record from 12 years ago. We filed for an appeal, applied for a record suspension, and won an adr based on those grounds. The officer did send us a fairness letter giving us a chance to explain. I honestly didn't think a minor record (pay a fine, no jail time) from so long ago would have such an impact but they definitely take all records very seriously, no matter your big or small.

 

[david_gat88]

I'm not sure if your referring to me or not but no, my application is outland. My husband was denied due to a previous criminal record from 12 years ago. We filed for an appeal, applied for a record suspension, and won an adr based on those grounds. The officer did send us a fairness letter giving us a chance to explain. I honestly didn't think a minor record (pay a fine, no jail time) from so long ago would have such an impact but they definitely take all records very seriously, no matter your big or small.

Yes, sorry @shalenabennie forgot to tag you in the first paragraph. Thanks for sharing, I am glad they always give you a chance to address any concern. Have a nice day.

 

[shalenabennie]

Yes, sorry @shalenabennie forgot to tag you in the first paragraph. Thanks for sharing, I am glad they always give you a chance to address any concern. Have a nice day.

Yes I just wish they would have explained when they first seen it that he would be denied and my only option was to get a pardon. My pardon would have been completed in 6 months. It took to appeal. They could have 1 less file on their desk right now and saved an iad member their time, plus the time of the ministry..

 

[david_gat88]

Yes I just wish they would have explained when they first seen it that he would be denied and my only option was to get a pardon. My pardon would have been completed in 6 months. It took to appeal. They could have 1 less file on their desk right now and saved an iad member their time, plus the time of the ministry..

At least you're all done from that mess, it's a painful process.