5th Refusal - Considering Federal Court Appeal

[Shama001]

@mohibelani

What happened to your appeal case?

 

[mohibelani]

Sorry for the late reply - been traveling extensively.

I have an interview with the consulate this week for my wife, expecting the visa post the interview - seems all positive so far.

 

[Cjay23]

Sorry for the late reply - been traveling extensively.

I have an interview with the consulate this week for my wife, expecting the visa post the interview - seems all positive so far.

Best wishes

 

[mohibelani]

Hello Everyone,

We have got the visa for 10 years and multiple entry and finally after years of sometimes illogical and frustrating situations we have finally come through.

For those for have been following this thread and maybe in a similar situation, here is what we did:

After refusals our lawyer recommended to go through Judicial Review process - there are a few steps required here where they we went back and forth with the courts and took a period of close to 3 months or more to get settlement from the government lawyer.

This settlement means that the file will be sent back to the visa office and be reviewed by another visa officer. This part was very daunting since we did not hear back up to 45 days after the settlement notice was sent over to us.

We got a update on our online application that it was under review and after 15 days we got an interview letter asking for a few additional documents to bring with during this interview.

At the interview the questions asked for very straightforward and can be extremely nerve wrecking to being with according to my wife - however she was able to get a grip and was able to answer all the questions well and was very clear on our intentions for visiting Canada.

At the end of the interview the officer informed us we were going to get the visa and a request to submit the passport for the visa stamping would be sent via the online portal.

We got the passport back 2 days ago and the visa is stamped and it finally allows us the freedom to see our family at our free will.

I think in summary - the reasons sometimes that are provided in the refusal letters are not accurate at all and I strongly recommend anyone who gets a refusal to please get the ATIP notes as they are a life saver and give you an insight into the mind of the officer and respond back accordingly in your further applications.

Secondly I will ask anyone seeking assistance, to please research the difference between a immigration lawyer and immigration consultant, in personal experience an immigration lawyer is the best way to go and read all the online reviews before settling with anyone.

Thanks to members of Canada visa who have assisted during this process and wish anyone in the same situation all the best wishes and patience that is required to go through this.

 

[Cjay23]

Hello Everyone,

We have got the visa for 10 years and multiple entry and finally after years of sometimes illogical and frustrating situations we have finally come through.

For those for have been following this thread and maybe in a similar situation, here is what we did:

After refusals our lawyer recommended to go through Judicial Review process - there are a few steps required here where they we went back and forth with the courts and took a period of close to 3 months or more to get settlement from the government lawyer.

This settlement means that the file will be sent back to the visa office and be reviewed by another visa officer. This part was very daunting since we did not hear back up to 45 days after the settlement notice was sent over to us.

We got a update on our online application that it was under review and after 15 days we got an interview letter asking for a few additional documents to bring with during this interview.

At the interview the questions asked for very straightforward and can be extremely nerve wrecking to being with according to my wife - however she was able to get a grip and was able to answer all the questions well and was very clear on our intentions for visiting Canada.

At the end of the interview the officer informed us we were going to get the visa and a request to submit the passport for the visa stamping would be sent via the online portal.

We got the passport back 2 days ago and the visa is stamped and it finally allows us the freedom to see our family at our free will.

I think in summary - the reasons sometimes that are provided in the refusal letters are not accurate at all and I strongly recommend anyone who gets a refusal to please get the ATIP notes as they are a life saver and give you an insight into the mind of the officer and respond back accordingly in your further applications.

Secondly I will ask anyone seeking assistance, to please research the difference between a immigration lawyer and immigration consultant, in personal experience an immigration lawyer is the best way to go and read all the online reviews before settling with anyone.

Thanks to members of Canada visa who have assisted during this process and wish anyone in the same situation all the best wishes and patience that is required to go through this.

Congratulations.

 

[Sali947]

Hello Everyone,

We have got the visa for 10 years and multiple entry and finally after years of sometimes illogical and frustrating situations we have finally come through.

For those for have been following this thread and maybe in a similar situation, here is what we did:

After refusals our lawyer recommended to go through Judicial Review process - there are a few steps required here where they we went back and forth with the courts and took a period of close to 3 months or more to get settlement from the government lawyer.

This settlement means that the file will be sent back to the visa office and be reviewed by another visa officer. This part was very daunting since we did not hear back up to 45 days after the settlement notice was sent over to us.

We got a update on our online application that it was under review and after 15 days we got an interview letter asking for a few additional documents to bring with during this interview.

At the interview the questions asked for very straightforward and can be extremely nerve wrecking to being with according to my wife - however she was able to get a grip and was able to answer all the questions well and was very clear on our intentions for visiting Canada.

At the end of the interview the officer informed us we were going to get the visa and a request to submit the passport for the visa stamping would be sent via the online portal.

We got the passport back 2 days ago and the visa is stamped and it finally allows us the freedom to see our family at our free will.

I think in summary - the reasons sometimes that are provided in the refusal letters are not accurate at all and I strongly recommend anyone who gets a refusal to please get the ATIP notes as they are a life saver and give you an insight into the mind of the officer and respond back accordingly in your further applications.

Secondly I will ask anyone seeking assistance, to please research the difference between a immigration lawyer and immigration consultant, in personal experience an immigration lawyer is the best way to go and read all the online reviews before settling with anyone.

Thanks to members of Canada visa who have assisted during this process and wish anyone in the same situation all the best wishes and patience that is required to go through this.

Congratulations. My wife's OWP got refused and I am planning to go for Judicial Review. I would really appreciate if you can share your immigration lawyer's contact info. Your lawyer seems knowledgeable and professional. Thank you.

 

[Davinder121111]

Hii friends myself davindery work. Oermit refused and i apply JR and submitted evidence with affidavit i want to know how many days we get reply from justice of canada and whts the next step thans

 

[AJC]

Hello Everyone,

We have got the visa for 10 years and multiple entry and finally after years of sometimes illogical and frustrating situations we have finally come through.

For those for have been following this thread and maybe in a similar situation, here is what we did:

After refusals our lawyer recommended to go through Judicial Review process - there are a few steps required here where they we went back and forth with the courts and took a period of close to 3 months or more to get settlement from the government lawyer.

This settlement means that the file will be sent back to the visa office and be reviewed by another visa officer. This part was very daunting since we did not hear back up to 45 days after the settlement notice was sent over to us.

We got a update on our online application that it was under review and after 15 days we got an interview letter asking for a few additional documents to bring with during this interview.

At the interview the questions asked for very straightforward and can be extremely nerve wrecking to being with according to my wife - however she was able to get a grip and was able to answer all the questions well and was very clear on our intentions for visiting Canada.

At the end of the interview the officer informed us we were going to get the visa and a request to submit the passport for the visa stamping would be sent via the online portal.

We got the passport back 2 days ago and the visa is stamped and it finally allows us the freedom to see our family at our free will.

I think in summary - the reasons sometimes that are provided in the refusal letters are not accurate at all and I strongly recommend anyone who gets a refusal to please get the ATIP notes as they are a life saver and give you an insight into the mind of the officer and respond back accordingly in your further applications.

Secondly I will ask anyone seeking assistance, to please research the difference between a immigration lawyer and immigration consultant, in personal experience an immigration lawyer is the best way to go and read all the online reviews before settling with anyone.

Thanks to members of Canada visa who have assisted during this process and wish anyone in the same situation all the best wishes and patience that is required to go through this.

Hi,
Could you please advise how much you had to pay for Judicial review to the lawyers?

 

[canuck78]

Hi,
Could you please advise how much you had to pay for Judicial review to the lawyers?

Lawyers should be around 3-5k.

 

[juliapark]

Hello Everyone,

We have got the visa for 10 years and multiple entry and finally after years of sometimes illogical and frustrating situations we have finally come through.

For those for have been following this thread and maybe in a similar situation, here is what we did:

After refusals our lawyer recommended to go through Judicial Review process - there are a few steps required here where they we went back and forth with the courts and took a period of close to 3 months or more to get settlement from the government lawyer.

This settlement means that the file will be sent back to the visa office and be reviewed by another visa officer. This part was very daunting since we did not hear back up to 45 days after the settlement notice was sent over to us.

We got a update on our online application that it was under review and after 15 days we got an interview letter asking for a few additional documents to bring with during this interview.

At the interview the questions asked for very straightforward and can be extremely nerve wrecking to being with according to my wife - however she was able to get a grip and was able to answer all the questions well and was very clear on our intentions for visiting Canada.

At the end of the interview the officer informed us we were going to get the visa and a request to submit the passport for the visa stamping would be sent via the online portal.

We got the passport back 2 days ago and the visa is stamped and it finally allows us the freedom to see our family at our free will.

I think in summary - the reasons sometimes that are provided in the refusal letters are not accurate at all and I strongly recommend anyone who gets a refusal to please get the ATIP notes as they are a life saver and give you an insight into the mind of the officer and respond back accordingly in your further applications.

Secondly I will ask anyone seeking assistance, to please research the difference between a immigration lawyer and immigration consultant, in personal experience an immigration lawyer is the best way to go and read all the online reviews before settling with anyone.

Thanks to members of Canada visa who have assisted during this process and wish anyone in the same situation all the best wishes and patience that is required to go through this.

Do your recommend your lawyer? Who did you go with?

 

[Susmit M]

Dear All,

I am seeking for some assistance or cases of success where an appeal has been made over an TRV and it has been granted.

My wife has got her 5th refusal over a course of 4 years and I have listed the details below:

First Application - Sept 2014 - Visitors Visa

Refused as the letters of invitation provided were not complete with all details and funds were not enough hence was refused and the overall application was weak.

We were only dating at that time and had zero experience of online applications which was our mistake.

Second Application - Dec 2014 - Visitors Visa

This time round we changed the whole application to her visiting Canada on her own without the invitation letter but showed enough funds in her statements.

Third Application - Nov 2015 - Study Permit

After some time had passed, we decided probably best to move to Canada and letting her study while I work and provided all possible documents in terms of support from her Family our finances including paying 12 months tuition in advance etc.

No clear reason of refusal even on ATIP notes.

Fourth Application - Jan 2016 - Study Permit

As soon as we got the previous refusal we were not exactly sure about the reason for the refusal and thought that they needed a letter to state that she will get a job back in dubai and we need provide additional documents such as our attested property deeds to solidify our details which we provided and yet it was refused - visa officer stated that the intentions of visit dont seem to be clear.

At this point we dropped the idea of going to Canada completely because we just couldnt get passed the Visa officers and it was extremely stressful and financially draining to continue hence we let it go.

March 2017, me and my wife tied the know with my family who resides Canada come down to visit us and it was an amazing time for my family since this was the first time my family physically met my wife - I know this sounds crazy but given the visa problems it was just never possible for my parents to meet my wife physically though they used to talk almost every day through skype.

Nov 2017, my mother got diagnosed with Breast cancer and it was a devastating blow to my whole family, I have personally visited my mother in Toronto a few times because I can being PR of Canada and I am about to get my citizenship soon, but knowing the refusals we have had previously we did not want to try to apply for TRV for my wife.

Sept 2018, my mother did not respond well to her treatments and it was just unacceptable to us as a family that my wife cannot visit her mother in law and cannot be with me when we want to visit my mother during such difficult times.

We decided this time that we will use representation and hired a lawyer to support our case for a TRV as we genuinely do not have the interest at this stage after the refusals to live in Canada atleast until the near future.

5th Application - Nov 2017 - Visitors Visa

We prepared an application showing all our previous refusals, statements, character references, sworn affidavits, strong bank statements showing close 10,000 CAD for a period of visit for 3 months, bank statements of my family and letters confirming that will support my wife as well in case additional funds are required; letters from hospitals, doctors and health reports showing my mothers health and a letter from the lawyer addressing the rule book that the Canadian authorities can request for a bond from my wife to guarantee her exit at the end of her stay.

All these documents were submitted and we have received a refusal letter again stating only one point that the visa officer is not convinced on the purpose of visit.

We are absolutely baffled, devastated and disappointed on the last refusal and have completely lost all hopes on our case and have been recommended by our Lawyer to file an appeal with the federal courts as the refusal seems very unjust based on all the documents that have been provided.

If you have taken the time to read this through I am very grateful to you and request some advise and guidance on the following points, I have already requested for the ATIP notes and waiting for it:

A) Does this case sound like a case that should be taken for Appeal?
B) How long is a processing time of Appeal as we are very time critical at this stage?
C) Should I be contacting any Ambassadors at the local embassy or any MP's for this case that provide support?
D) Has anyone had a success on appealing an TRV or do you know anyone who has been successful?
E) What real options do me and my family really have?

I really hope that I can get some valuable advise, as we are really pressed on time and very lost on the step forward.

Thanks,

5 applications show your desperation. It is a dead-end for you. Sorry, but IRCC thinks everybody is going to stay back in Canada illegally. I am a victim of similar situation, I feel for you.

 

[miguelca]

5 applications show your desperation. It is a dead-end for you. Sorry, but IRCC thinks everybody is going to stay back in Canada illegally. I am a victim of similar situation, I feel for you.

Did you bother to read the thread?
OP went with the Judicial Review process and got wife’s TRV

 

[canuck78]

Do your recommend your lawyer? Who did you go with?

Have you ordered GCMS notes to look at the reason for denial? What country are they from and was your general reason for applying for asylum? Was it a general issue with your home country (eg. war) or an issue that affected you as an individual (eg. being part of LGBTQ+)?

 

[canmart]

Hello Everyone,

We have got the visa for 10 years and multiple entry and finally after years of sometimes illogical and frustrating situations we have finally come through.

For those for have been following this thread and maybe in a similar situation, here is what we did:

After refusals our lawyer recommended to go through Judicial Review process - there are a few steps required here where they we went back and forth with the courts and took a period of close to 3 months or more to get settlement from the government lawyer.

This settlement means that the file will be sent back to the visa office and be reviewed by another visa officer. This part was very daunting since we did not hear back up to 45 days after the settlement notice was sent over to us.

We got a update on our online application that it was under review and after 15 days we got an interview letter asking for a few additional documents to bring with during this interview.

At the interview the questions asked for very straightforward and can be extremely nerve wrecking to being with according to my wife - however she was able to get a grip and was able to answer all the questions well and was very clear on our intentions for visiting Canada.

At the end of the interview the officer informed us we were going to get the visa and a request to submit the passport for the visa stamping would be sent via the online portal.

We got the passport back 2 days ago and the visa is stamped and it finally allows us the freedom to see our family at our free will.

I think in summary - the reasons sometimes that are provided in the refusal letters are not accurate at all and I strongly recommend anyone who gets a refusal to please get the ATIP notes as they are a life saver and give you an insight into the mind of the officer and respond back accordingly in your further applications.

Secondly I will ask anyone seeking assistance, to please research the difference between a immigration lawyer and immigration consultant, in personal experience an immigration lawyer is the best way to go and read all the online reviews before settling with anyone.

Thanks to members of Canada visa who have assisted during this process and wish anyone in the same situation all the best wishes and patience that is required to go through this.

Heartfelt Congratulations to you.