Thanks for your speedy reply. The officer wasnt convince that our marriage was genuine, how sad. So with the adr, what is the procesing time and who will be presence at that meeting.
ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ
- Thread starter love bird 43
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So to get an adr, your assigned appeal consultant will review your case abd see if you have compelling evidence to prove that your relationship is genuine. If they do, they will offer you the adr. The adr meeting with be you, your iad rep and a representative from the ministry (cic) abd the 3 of you will try to reach an agreement. If this doesn't go your way, your still entitled to a full hearing with a judge. We were offered an adr after 8 months. But again it depends on your office and how much work load they have
if your interested, and you should, you should file asap because iad will have to contact cic abd ask them to send your file over so they can review it. This alone takes like 2 months
So to get an adr, your assigned appeal consultant will review your case abd see if you have compelling evidence to prove that your relationship is genuine. If they do, they will offer you the adr. The adr meeting with be you, your iad rep and a representative from the ministry (cic) abd the 3 of you will try to reach an agreement. If this doesn't go your way, your still entitled to a full hearing with a judge. We were offered an adr after 8 months. But again it depends on your office and how much work load they have
Thank u,
Hi All,
My husband and I applied for his PR status back in 2015. He is a US citizen and I am a Canadian Citizen. We applied as Conjugal Partners, but married in 2016, so our application status changed.
In 2017 we received a decision on our case stating that my husband's application was being denied because he is a person described in paragraph 36 (1) (b) and 36 (2) (b) of the Act. He is therefore inadmissible to Canada. Details are below.
"Paragraph 36(1)(b) renders inadmissible a foreign national on grounds of serious criminality for having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum of imprisonment of at least ten years.
Specifically, you have been convicted by the State of Florida on 6th of June 2011 of an offence, namely unemployment compensation fraud for an overpayment of $6,600. If committed in Canada, this offence would be punishable under article 380 (1) (a) of the Canadian Criminal Code, namely fraud and would be punishable by way of indictmentand is liable to a term of imprisonment not exceeding fourteen years.
Moreover, based on your FBI clearance certificate, you were charged with battery on 21 January 1993. In addition, court documentations shows that you were charged and convicted with battery in May 2009. If committed in Canada, this offence would be punishable under article 265 (1)(a) of the Canadian Criminal Code, namely Assault and would be punishable by way of indictment and is liable to imprisonment for a term not exceeding five years."
My husband is currently on his second TRV since this decision, while we have been waiting for our appeal hearing. The 1993 and 2009 battery charges resulted in Adjudication Witheld and the Fraud charge resulted in a Pretrial Intervention Program, which in the State of Florida results in the charges being dismissed. The CBC officers we are dealing with at the border have noted in our visitor record that they do not find my husband inadmissable to Canada based on the disposition of these charges.
We have a Notice to Appear scheduled for next week in Toronto. Two questions, what should we expect to happen at the Conference at IAD, and will they consider the opinions of the border officers that are issuing my husbands TRVs?
Thanks in advance for any advice in this area.
My husband and I applied for his PR status back in 2015. He is a US citizen and I am a Canadian Citizen. We applied as Conjugal Partners, but married in 2016, so our application status changed.
In 2017 we received a decision on our case stating that my husband's application was being denied because he is a person described in paragraph 36 (1) (b) and 36 (2) (b) of the Act. He is therefore inadmissible to Canada. Details are below.
"Paragraph 36(1)(b) renders inadmissible a foreign national on grounds of serious criminality for having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum of imprisonment of at least ten years.
Specifically, you have been convicted by the State of Florida on 6th of June 2011 of an offence, namely unemployment compensation fraud for an overpayment of $6,600. If committed in Canada, this offence would be punishable under article 380 (1) (a) of the Canadian Criminal Code, namely fraud and would be punishable by way of indictmentand is liable to a term of imprisonment not exceeding fourteen years.
Moreover, based on your FBI clearance certificate, you were charged with battery on 21 January 1993. In addition, court documentations shows that you were charged and convicted with battery in May 2009. If committed in Canada, this offence would be punishable under article 265 (1)(a) of the Canadian Criminal Code, namely Assault and would be punishable by way of indictment and is liable to imprisonment for a term not exceeding five years."
My husband is currently on his second TRV since this decision, while we have been waiting for our appeal hearing. The 1993 and 2009 battery charges resulted in Adjudication Witheld and the Fraud charge resulted in a Pretrial Intervention Program, which in the State of Florida results in the charges being dismissed. The CBC officers we are dealing with at the border have noted in our visitor record that they do not find my husband inadmissable to Canada based on the disposition of these charges.
We have a Notice to Appear scheduled for next week in Toronto. Two questions, what should we expect to happen at the Conference at IAD, and will they consider the opinions of the border officers that are issuing my husbands TRVs?
Thanks in advance for any advice in this area.
My husband was also denied for criminality. Our only option to make him "admissible" was to get a record suspension. I believe since his (your partner) is in the US, he either needs a pardon or to file for" rehabilitation " there more info on this on the cic website. Speak to your appeal officer and ask if he is eligible for getting this "rehabilitation" and if it will work in good flavor for the appeal. Here are the forms for it.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-rehabilitation-inadmissible-persons-criminal-activity.html
Thanks! Question, did you have to start the process over again after receiving the record suspension or did you apply for a record suspension while in process?
We applied right when we started the process of the appeal. It takes 6 months to get it. We did an adr, which is like a mini hearing instead of judging to wait for the full trail. When the ministry saw that we my husband was eligible, and that we had applied, they saw no reason why he would be denied, so overturned the rejection based on humanitarian and compassionate reasons..
This is what I dont understand. The same office processes TRV and sponsorship. So how did they find him admissible for the TRV but not fit the sponsorship? I'm very confused about this. Maybe I'm missing something?
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Hi, we received our refusal letter New Year's eve over 16 months since applying. The visa officer said he didn't believe our marriage was genuine. I am in Nova Scotia - does anyone known any immigration lawyers there. From what I understand I just send in the appeal for with the refusal letter and wait to hear from them. Is the process usually completed in 2 years. I probably won't get a lawyer until the hearing unless I have to. I will try to read through this thread later - still pretty devastated right now. Not the new year i was planning on at all.
That's definitely not the way I would want to start but there is good news. Sooo many cases are being denied right now due to the genuineness reason. But many who appeal, win. It's almost as if they just want to see if your willing to fight for it all you need to do is exactly what you said.Hi, we received our refusal letter New Year's eve over 16 months since applying. The visa officer said he didn't believe our marriage was genuine. I am in Nova Scotia - does anyone known any immigration lawyers there. From what I understand I just send in the appeal for with the refusal letter and wait to hear from them. Is the process usually completed in 2 years. I probably won't get a lawyer until the hearing unless I have to. I will try to read through this thread later - still pretty devastated right now. Not the new year i was planning on at all.
Guy-Favreau Complex
200 René-Lévesque Blvd. West, East Tower, Room 102
Montréal, Quebec
H2Z 1X4
Telephone
514-283-7733 or 1-866-626-8719
Fax
Refugee Protection Division, Immigration Appeal Division: 514-283-0164
Immigration Division: 514-496-2252
This is your office, for NS applicants. I also wouldn't hire a lawyer until needed, if needed. It could take up to 2 years, BUT, after your case worker reviews got file, which will be sent over from cic after you apply, the may give you an ADR.
ADR, or Alternate Dispute Resolution is an informal process in which a Sponsor who is appealing the refusal of their partner’s application for permanent residence as a member of the family class to the Immigration Appeal Division [IAD] has an opportunity to sit down with a representative of the Minister of Immigration and attempt to persuade them they ought to consent to the appeal being allowed. If you can prove during the adr that your relationship is ligit, abd overcome the concerns, you will win, and not have to wait for a full hearing, which you will be entitled to, should you lose. Hold off on the lawyer, fax your forms and get the ball rolling. Appeal form, notice of decision, and reason for decision can be faxed to the number above. I'm really sorry you lost on such a day, but keep your head up and don't worry, it's not over
Did you apply inland or Outland? I noticed you previously mentioned that you filed an inland appliacation, unfortunately if that is the case you cannot appeal.
Hi jomz, I'm not disagreeing with your comment, I'm just confused it doesn't state on the cic website that you can't.?
Who can appeal
You can appeal to the IAD if you are a permanent resident or Canadian citizen who made an application to sponsor a family member to immigrate to Canada and the visa application was refused by Immigration, Refugees and Citizenship Canada (IRCC).
Appeal details are covered in the IP2 manual. Inland applicants cannot appeal to the IAD.
https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/ip/ip02-eng.pdf
5.38. No appeal rights
Sponsors of applicants seeking to remain in Canada do not have a right of appeal to the IAD. This includes:
• Members of the Spouse or common-law partner in Canada class; and
• Applicants seeking permanent resident status on humanitarian and compassionate grounds.
Thanks scylla, I appreciate learning whatever I can so I can help. Definitely don't want to give out the wrong information.. I just don't understand why they wouldn't put that right on the cic website for people to see. That's where people will look. Not everyone has access to the ircc manual.