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shalenabennie

Champion Member
Jan 17, 2017
1,315
313
Visa Office......
London
Hi guys! Asking question for a friend, anyone here do an appeal for "non genuine relationship " any insight to what will be asked at hearing will be appreciated! Thanks in advance

They were denied "due to age differences "
 
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JYC

Hero Member
Jan 5, 2016
271
93
Hi guys! Asking question for a friend, anyone here do an appeal for "non genuine relationship " any insight to what will be asked at hearing will be appreciated! Thanks in advance
ISSUES

[2] In this type of appeal, there are two separate issues to be decided. When the marriage took place, was it entered into primarily for the purpose of acquiring permanent residence in Canada? Moreover, at the time of the hearing, was the relationship genuine? On a balance of probabilities, the panel must be satisfied that the marriage was not entered into primarily for the purpose of acquiring permanent residence and that the relationship is genuine. The legal validity of the marriage is not being challenged by the Minister’s representative.

[3] With regard to genuineness, the non-exhaustive factors to be analyzed are the following:[3] the intent of the parties to the marriage; the length of the relationship; the amount of time spent together; conduct at the time of meeting, at the time of an engagement and/or the wedding; behaviour subsequent to a wedding; the level of knowledge of each other’s relationship histories; levels of continuing contact and communication; the provision of financial support; the knowledge of and sharing of responsibility for the care of children brought into the marriage; the knowledge of and contact with extended families of the parties; as well as the level of knowledge about each other’s daily lives.


https://www.canlii.org/en/ca/irb/doc/2018/2018canlii102142/2018canlii102142.html
 

shalenabennie

Champion Member
Jan 17, 2017
1,315
313
Visa Office......
London
ISSUES

[2] In this type of appeal, there are two separate issues to be decided. When the marriage took place, was it entered into primarily for the purpose of acquiring permanent residence in Canada? Moreover, at the time of the hearing, was the relationship genuine? On a balance of probabilities, the panel must be satisfied that the marriage was not entered into primarily for the purpose of acquiring permanent residence and that the relationship is genuine. The legal validity of the marriage is not being challenged by the Minister’s representative.

[3] With regard to genuineness, the non-exhaustive factors to be analyzed are the following:[3] the intent of the parties to the marriage; the length of the relationship; the amount of time spent together; conduct at the time of meeting, at the time of an engagement and/or the wedding; behaviour subsequent to a wedding; the level of knowledge of each other’s relationship histories; levels of continuing contact and communication; the provision of financial support; the knowledge of and sharing of responsibility for the care of children brought into the marriage; the knowledge of and contact with extended families of the parties; as well as the level of knowledge about each other’s daily lives.


https://www.canlii.org/en/ca/irb/doc/2018/2018canlii102142/2018canlii102142.html
Thanks for your quick reply! They were denied because "of their large age difference"
 

JYC

Hero Member
Jan 5, 2016
271
93
He sends her money when he can but the currency exchange is crap, she works full time so she doesn't really need it
The chances are slim for this kind of case, I have seen cases allow when the wife is older than her husband by 10 years, but for 20 years? Men at 35 are still at their prime vs women at 55 are already at menopause age.
 

shalenabennie

Champion Member
Jan 17, 2017
1,315
313
Visa Office......
London
The chances are slim for this kind of case, I have seen cases allow when the wife is older than her husband by 10 years, but for 20 years? Men at 35 are still at their prime vs women at 55 are already at menopause age.
Yeah I know it looks alot, but they have been each other long time. Before marriage has "future" discussions. Plans for adoption and things like this. She already has children but they want to adopt one of their own
 

Silka

Star Member
Sep 27, 2018
174
35
Can anyone please guide me which class of application i have (Principle Applicant):

I am living outside Canada and my wife is living in Canada.

1) I am currently living outside Canada, and i am applying under family class

2) I am currently living in Canada, and i am applying under family class (Not under the spouse or Common Law Partner in Canada Class). I understand that i may be convoked to attend an interview at a visa office outside Canada.

Form us imm5533e Question 5.
 

shalenabennie

Champion Member
Jan 17, 2017
1,315
313
Visa Office......
London
Can anyone please guide me which class of application i have (Principle Applicant):

I am living outside Canada and my wife is living in Canada.

1) I am currently living outside Canada, and i am applying under family class

2) I am currently living in Canada, and i am applying under family class (Not under the spouse or Common Law Partner in Canada Class). I understand that i may be convoked to attend an interview at a visa office outside Canada.

Form us imm5533e Question 5.
Is this form to be filled out by the PA Aor the sponsor?