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ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

S

shalenabennie

Champion Member
Jan 17, 2017
1,315
313
Visa Office......
London
gsa77 said:
I got this recommendation from a lawyer (not the one who did our application):

It is necessary to understand the impact of appealing or reapplying after the refusal. If the appeal option is chosen, you have to understand that if you lose the appeal, you may no longer sponsor her ever again if the IAD has already decided on the matter. This is referred to as res judicata. Appealing is a good option if the spousal sponsorship had been prepared in the right manner and had all relevant information. I believe the case was incomplete and that is why this led to the refusal. I believe that a best option should be to submit a new application.

I guess I will submit new application. Ugh...
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this isn't true! At all! You can reapply after an appeal. I'm not sure why he told you this but it's 100%false! I've attached a link you can check out also feel free to contact cic directly and they will confirm.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/reapplyiing-after-a-failed-appeal.118616/
 
Hope-19

Hope-19

Star Member
Jan 1, 2019
92
80
shalenabennie said:
this isn't true! At all! You can reapply after an appeal. I'm not sure why he told you this but it's 100%false! I've attached a link you can check out also feel free to contact cic directly and they will confirm.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/reapplyiing-after-a-failed-appeal.118616/
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My lawyer told us to reapply too because we wouldn't be able to apply again until I showed her all the evidence we submitted with our application, then she said an appeal is the way to go for sure.

Its called res judicata means already decided.
 
J

#jahmed2018

Full Member
Aug 29, 2018
21
1
It IS WELL said:
Hi all. I would like to give a quick update as i have been very busy for the last couple of weeks hence the delay to this update. I had full hearing ( for my wife's refusal due to marriage not genuine) on January 31, 2019. The appeal was meant to last all day after commencement at about 08:45, but to the glory of God, it was called off at about 11:05 and allowed on the spot. A week after, i received decision letter and today February 27, i received a request for my wife's updated forms, PCC and medical. I thought i should share this with you. My hearing was in Calgary and questions ask were specific to my case, except few general questions we should all know when in a genuine relationship.
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Did they request via email or gckey? Or your lawyer? And congrats!! I won Jan 28, 2019 on the spot as well and recieved decison letter in 4 days. Still waiting for the request egerly!!
 
M

Marilyn13

Member
Jul 8, 2018
11
8
shalenabennie said:
this isn't true! At all! You can reapply after an appeal. I'm not sure why he told you this but it's 100%false! I've attached a link you can check out also feel free to contact cic directly and they will confirm.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/reapplyiing-after-a-failed-appeal.118616/
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The way it was explained to me is that you can reapply after an appeal and CIC will take your money for submitting a new application, but once it goes to the visa office for eligibility they will evoke res judica without even giving you an interview. The only time they will consider an application after an appeal is if you have had a very significant change in your relationship which is very hard to prove after having an appeal dismissed.
 
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Thommo

Thommo

Hero Member
Nov 20, 2010
465
98
Edmonton, Canada
Marilyn13 said:
The way it was explained to me is that you can reapply after an appeal and CIC will take your money for submitting a new application, but once it goes to the visa office for eligibility they will evoke res judica without even giving you an interview. The only time they will consider an application after an appeal is if you have had a very significant change in your relationship which is very hard to prove after having an appeal dismissed.
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Absolutely correct. But this is not what you wrote in your previous post.
 
I

Ibraruddin

Star Member
Jan 13, 2019
179
52
Marilyn13 said:
The way it was explained to me is that you can reapply after an appeal and CIC will take your money for submitting a new application, but once it goes to the visa office for eligibility they will evoke res judica without even giving you an interview. The only time they will consider an application after an appeal is if you have had a very significant change in your relationship which is very hard to prove after having an appeal dismissed.
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What if your relation is genuine and lost appeal even in federal court due to a reason which seem to them inappropriate. Should they will be far apart then forever from each other?
 
S

Sara19

Member
Feb 28, 2019
17
6
It IS WELL said:
I got letters from friends, work mates, my pastor and my wife also got letters from her family members, pastor, neighbours, work mates. I enclosed deed of conveyance ( plot of land i bought with my wife), joint bank account, both formal and casual pictures, my medical insurance showing my wife as spouse, life insurance as well, whatApp chat messages of about 400 pages, other email correspondence between myself and my wife and may be other things i may not remember now. I would suggest you get as many proof as you can to strengthen your case
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Thank you very much for the info...
 
S

shalenabennie

Champion Member
Jan 17, 2017
1,315
313
Visa Office......
London
Marilyn13 said:
The way it was explained to me is that you can reapply after an appeal and CIC will take your money for submitting a new application, but once it goes to the visa office for eligibility they will evoke res judica without even giving you an interview. The only time they will consider an application after an appeal is if you have had a very significant change in your relationship which is very hard to prove after having an appeal dismissed.
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If your application has been reused, they will do this with a new application whether or not you do the appeal. As soon as you reapply the will already have your information in their system and see you have been refused. Do you mind me asking why your application was denied?
 
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