ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[np08]

Hi everyone
Am new here, I know this group is for people that have appealed already. Am here because I believe someone here can help me.
Am in trouble, I got a pfl Letter 3 days ago based on previous marriage ground.

I was previously married in court, No church wedding and no traditional wedding or paying of bride price. Am a Nigerian and my previous spouse is a Nigeria too. According to my custom and tradition if a man did not pay the bride price of a woman there's no marriage, even if they did court marriage, the woman is still seen as being single.
I had a problem with my previous spouse, I divorced him in court which I have the divorce certificate.
During the process of the divorce, I met my husband, who is a Canadian. After the previous marriage was finalised and I I had the divorce certificate in my hand. I proceeded with marriage to my Canadian husband.
v
When I was filling my spousal visa, I filled in "Never married " as my status. I did that because of my custom and tradition as the previous husband did not pay my Bride price, my custom and tradition still said am single. When I was submitting my application, I did not submit the divorce certificate and I never mentioned divorce in the application.

2 months after i submitted, I found out that i was supposed to mention divorced and submit the divorce certificate, instead of following my tradition and custom as I did. I told my husband that I want to withdraw the application, he said no that the application has gone far already. That if immigration denied the application based on that, that he will speak it. So I left it.

Recently someone was threatened to report previous marriage me to immigration and destroy my PR.

So because of that, I decided to withdraw the PR, I sent in a withdrawal message by Email and via Web form , to CIC, one hour later I got a pfl Letter from CIC.
The pfl said that I didn't mention in my application about the previous marriage and I didn't mention that I was divorced and submit the required documents. They gave me 30day to reply.

Please anyone here that have had similar issues or have any idea on how i can solve this problem. Please help me. it will be highly appreciated.
Thank you

Lizzer

You said:

So because of that, I decided to withdraw the PR, I sent in a withdrawal message by Email and via Web form , to CIC, one hour later I got a pfl Letter from CIC.

I think your biggest worry right now should be whether or not the withdrawal goes through as you requested it.

There was no reason to withdraw - as long as the application is being processed you can send additional documents or correct mistakes via webform. You could have just sent them the documentation and an explanation regarding the previous marriage.

 

[np08]

Can anyone help me with the link to this group, a friend is requesting for it, she needs help for her apeal. Please help

The link to this thread? It's in the address bar.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/all-spouse-appeal-cases-come-here-and-join-us-plz.87619/page-883

 

[np08]

Anymore feedback on this would be appreciated

To be honest, not sure about that lawyer of yours.

I mean, what could be the humanitarian grounds upon which a European is trying to immigrate into Canada, especially one that has a DUI and cannot immigrate the normal way, making it more obvious that it's an attempt to circumvent the ban regarding the normal route?

It's definitely standard procedure and rules that she's inadmissible and needs to wait 5 years from the offence until she can apply for rehabilitation.

Not saying the lawyer couldn't come up with something to get her in, but it seems like a long shot. She's European, she has a DUI, she already had to leave Canada due to it, can't get the PR the normal way, applies through the humanitarian and compassionate route instead.

What was the humanitarian/compassionate argument made?

 

[balpunjabi]

It’s more than two months since I won the appeal
I didn’t hear anything from immigration
Anyone hav any idea how long I hav to wait

 

[Narendra Kaur]

They will send over for you. The IAD will contact them as soon as they receive your appeal form. It's called a blue book" or something, I can't remember. But they will send you a copy as well.

Hey Shelen can you tell me when we get request of medical under GCKey how we can open the link because I a trying but its does not work

 

[Longroadtoimmigration]

Hi everyone
Am new here, I know this group is for people that have appealed already. Am here because I believe someone here can help me.
Am in trouble, I got a pfl Letter 3 days ago based on previous marriage ground.

I was previously married in court, No church wedding and no traditional wedding or paying of bride price. Am a Nigerian and my previous spouse is a Nigeria too. According to my custom and tradition if a man did not pay the bride price of a woman there's no marriage, even if they did court marriage, the woman is still seen as being single.
I had a problem with my previous spouse, I divorced him in court which I have the divorce certificate.
During the process of the divorce, I met my husband, who is a Canadian. After the previous marriage was finalised and I I had the divorce certificate in my hand. I proceeded with marriage to my Canadian husband.

When I was filling my spousal visa, I filled in "Never married " as my status. I did that because of my custom and tradition as the previous husband did not pay my Bride price, my custom and tradition still said am single. When I was submitting my application, I did not submit the divorce certificate and I never mentioned divorce in the application.

2 months after i submitted, I found out that i was supposed to mention divorced and submit the divorce certificate, instead of following my tradition and custom as I did. I told my husband that I want to withdraw the application, he said no that the application has gone far already. That if immigration denied the application based on that, that he will speak it. So I left it.

Recently someone was threatened to report previous marriage me to immigration and destroy my PR.

So because of that, I decided to withdraw the PR, I sent in a withdrawal message by Email and via Web form , to CIC, one hour later I got a pfl Letter from CIC.
The pfl said that I didn't mention in my application about the previous marriage and I didn't mention that I was divorced and submit the required documents. They gave me 30day to reply.

Please anyone here that have had similar issues or have any idea on how i can solve this problem. Please help me. it will be highly appreciated.
Thank you

Lizzer

You need to explain to them just the way you explained here. Its left to them to decide. Send all the documents and hope for the best. If refused then you can reapply with the correct information. Hope and pray they don't slam you with 5 yrs misrepresentation. Good luck naija woman

 

[shalenabennie]

Hey Shelen can you tell me when we get request of medical under GCKey how we can open the link because I a trying but its does not work

I didn't get the medical requests through GCKey. I got through email. Send a mail through webform or call and ask to resend

 

[shalenabennie]

It’s more than two months since I won the appeal
I didn’t hear anything from immigration
Anyone hav any idea how long I hav to wait

Takes around 2 months. Please keep in mind that Canada post is on strike so mail takes longer to get. You can call cic to see if they had received it yet

 

[scylla]

Hi everyone
Am new here, I know this group is for people that have appealed already. Am here because I believe someone here can help me.
Am in trouble, I got a pfl Letter 3 days ago based on previous marriage ground.

I was previously married in court, No church wedding and no traditional wedding or paying of bride price. Am a Nigerian and my previous spouse is a Nigeria too. According to my custom and tradition if a man did not pay the bride price of a woman there's no marriage, even if they did court marriage, the woman is still seen as being single.
I had a problem with my previous spouse, I divorced him in court which I have the divorce certificate.
During the process of the divorce, I met my husband, who is a Canadian. After the previous marriage was finalised and I I had the divorce certificate in my hand. I proceeded with marriage to my Canadian husband.

When I was filling my spousal visa, I filled in "Never married " as my status. I did that because of my custom and tradition as the previous husband did not pay my Bride price, my custom and tradition still said am single. When I was submitting my application, I did not submit the divorce certificate and I never mentioned divorce in the application.

2 months after i submitted, I found out that i was supposed to mention divorced and submit the divorce certificate, instead of following my tradition and custom as I did. I told my husband that I want to withdraw the application, he said no that the application has gone far already. That if immigration denied the application based on that, that he will speak it. So I left it.

Recently someone was threatened to report previous marriage me to immigration and destroy my PR.

So because of that, I decided to withdraw the PR, I sent in a withdrawal message by Email and via Web form , to CIC, one hour later I got a pfl Letter from CIC.
The pfl said that I didn't mention in my application about the previous marriage and I didn't mention that I was divorced and submit the required documents. They gave me 30day to reply.

Please anyone here that have had similar issues or have any idea on how i can solve this problem. Please help me. it will be highly appreciated.
Thank you

Lizzer

It's too late to withdraw the application now that you have received the letter. You need to respond to the letter within 30 days and explain why you didn't mention the divorce in your original application. I would hire a very good immigration lawyer to assist you with this response. There is a high risk IRCC may refusal your application and give you a five year ban from Canada for misrepresentation.

 

[scylla]

Hi Guys,

I am a Canadian citizen, my wife is European.

Now the tricky part is, my wife got herself a DUI in November of 2016 which means she is Inadmissible to come to Canada. She had to leave Canada shortly after and we decided to leave together and go live in London, UK until we can fix our situation in Canada.

Through a lawyer, we applied for Sponsorship and PR, along with ARC (Authorization to enter canada) and H&MC (humanitarian clause I think is the name).

About 6 month ago, our lawyer emailed us stating that our HMC and ARC were refused based on the fact that "Eventually my wife will become eligible for a pardon (in 2021) and can then reapply at that time"

Our lawyer told us that he believes the agent did a very bad decision and suggested we appeal it in court which we did and are now awaiting a Court date.

This is a very high level description, if needed I can go into the details.

Now what I would like to know is, am I wasting my money and time or is there any hope that this court date will allow us to move forward. It has been a very hard 2-3 years living outside of Canada and away from family and friend but we are still hopeful something can be done.

Thank you for your feedback, we really appreciate it.

An ARC is irrelevant to your wife's situation. I don't understand why your lawyer would have applied for one - that makes no sense. ARCs are for people who have been deported or issued exclusion orders - or failed refugee claimants. Your wife is none of these things - an ARC doesn't apply to her situation. What she needs to do is apply for rehabilitation - however she won't qualify for that until 2021 or later.

An H&C argument would be difficult to make given the two of you are living together in the UK.

IMO the appeal probably won't be successful. Has your wife tried applying for a TRP yet? Has the lawyer suggested this? If not - I would find a new lawyer.

 

[np08]

An ARC is irrelevant to your wife's situation. I don't understand why your lawyer would have applied for one - that makes no sense. ARCs are for people who have been deported or issued exclusion orders - or failed refugee claimants. Your wife is none of these things - an ARC doesn't apply to her situation. What she needs to do is apply for rehabilitation - however she won't qualify for that until 2021 or later.

An H&C argument would be difficult to make given the two of you are living together in the UK.

IMO the appeal probably won't be successful. Has your wife tried applying for a TRP yet? Has the lawyer suggested this? If not - I would find a new lawyer.

Tbh the fact that the lawyer said the agent "made a very bad decision" when he denied her on humanitarian grounds and suggested they do a court appeal seems like a money grab more than anything else to me.

 

[david_savard]

An ARC is irrelevant to your wife's situation. I don't understand why your lawyer would have applied for one - that makes no sense. ARCs are for people who have been deported or issued exclusion orders - or failed refugee claimants. Your wife is none of these things - an ARC doesn't apply to her situation. What she needs to do is apply for rehabilitation - however she won't qualify for that until 2021 or later.

An H&C argument would be difficult to make given the two of you are living together in the UK.

IMO the appeal probably won't be successful. Has your wife tried applying for a TRP yet? Has the lawyer suggested this? If not - I would find a new lawyer.

Thank you for your feedback guys, it is appreciated.

Now regarding the questions. The ARC was necessary because my wife stayed in canada until she received an order to leave, i dont think its a deportation order but the one step before that. IT was a letter stating that she needs to leave Canada by "X Date" . She then had to go to an office weekly to show an agent she was still here and then get a signed letter from the airport stating she left canada the day we left to London.

The H&C argument was that this ordeal is:
1- I am a Canadian citizen, I am on a temporary Visa and will need to leave the UK when my Visa expires meaning my wife and I are going to be forced to leave
2- Based on this ordeal, we are unable to start a family because of the instability (lawyers idea..). His point is we are both in the prime of our live and want to start a family but are unable. I personally thought it was a stupid point but hey you do what the lawyer said?

We were desperate at the time.

Now I know for a fact that my wife REQUIRES an ARC to get back in Canada. I have been considering applying for a TRP, do I need that ARC as well for the TRP?

Thank you

 

[sahar.25]

Hi is anyone online

 

[sahar.25]

Im sponsing my husband from afghanistan i live in canada 2016 sponsorship got refused we appealed and after 2 years i got called for the hearing appeal approved ottawa send me email requesting police check medical and some forms about 2 weeks ago i send the requested documents how long will it take after this

 

[JYC]

Im sponsing my husband from afghanistan i live in canada 2016 sponsorship got refused we appealed and after 2 years i got called for the hearing appeal approved ottawa send me email requesting police check medical and some forms about 2 weeks ago i send the requested documents how long will it take after this

Cases that are processed in Ottawa are usually a bit faster. Your bgc should kick in 1 month after you have submitted the new forms, ppc and medical, and will get PPR usually in a week after your bcg has started unless you have a complicated backgroud.