But still can there be some hope ? I mean we are an older couple and we want to start family etc Perhaps they can be compassionate on some grounds?
DM after spousal sponsorship interview Jan 2020
- Thread starter Learner77
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then why lawyer took our file ? And shouldn’t they have rejected before Medical’s, biometrics, in fact they even took landing fees
Because they do this for all applications. I won't say you have no chance, because stranger things have happened, but applying while a ban is in place will result in a negative result.
What are the humanitarian and compassionate reasons that you claimed?
Yes
On the grounds I’m am alone and he is remorseful. I had had a serious fall in the summer which caused me to take time off work but we did not mention that as I didn’t feel it right to say so.
Unfortunately being alone and remorseful aren't necessarily good humanitarian and compassionate reasons to overcome a ban.
I wish you luck be you should be prepared for a rejection.
Thanks, well I guess i need to be prepared to leave and live with him in india for next 2 years, not such a bad idea, but leaving a promising job in this economy and then both of us returning with none of us having a source of income does not seem very wise either. But that means we will be delaying starting a family which already seems a far fetched considering our age. I am still very grateful for many things but this dilemma is a tough one. Any idea at least how long before they give us a decision? some people say can be months ... At least knowing is better than waiting in anxiety. Secondly as Lawyer suggested should we consider an appeal or will that be a waste of money and time?
An appeal will cost a lot and make your lawyer money, especially since your spouse has been banned. A ban isn't something that can generally be overcome unless there was an error in the application of the law. Your lawyer would need to make a case that (1) there was an error in assigning your husband the ban, and (2) that there are H&C considerations that would mean that despite the ban, you should be granted the PR.
Being old(er) and separated isn't a compelling reason for humanitarian and compassionate evaluation. By definition, every outland couple is separated unless a citizen is living with their spouse in another country. Separation is the de jure and de facto status in spousal applications unless the spouse is in Canada. Welfare of a child is a consideration that only exists where there is a child. You've repeatedly mentioned that you're older and want to start a family, but that isn't necessarily reason to overcome a ban for misrepresentation - the visa officer cannot take into consideration the welfare of a child that doesn't exist yet and that may not ever exist.
To be perfectly honest, I'm stunned that your lawyer suggested applying despite a ban and claiming H&C because you live in different countries. That's a massive stretch and, honestly, seems a good way for your lawyer to get lots of money from you despite knowing it will never succeed.
An appeal will cost thousands of dollars more and may not do anything because your spouse was banned for misrepresentation. What error of application of the law has occurred? Your spouse has admitted the misrepresentation and, as you say, is remorseful over it. There was not any misunderstanding on the part of IRCC. Again, being separated and older are not errors in law, there is no provision in the IRPA or the regulations for older couples who haven't procreated yet to get special treatment. This seems like a money making effort on the part of your lawyer.
I can't tell you how long it will take for a decision to be made here, and there's always the possibility that I could be stunned and the visa officer could somehow approve the application despite the ban. There's always a possibility.
But if you're a citizen, and you get refused, go live with your spouse and start your family there.
Hi KHP, thank you for such sincere candid advice, I honestly have a lot of respect for the lawyer and felt he was genuinely empathetic towards me and suggested we can still apply. But for sure I won't waste any more money. If at all its a refusal, then yes we have to cut our losses and i i will go live with him there. It will be an experience and in this growing economy, it is not such a bad place to live in either. At least i know my options and won't be taken for another ride! thank you!
Hi KHP,
it’s almost 6 weeks we have not heard back after the spousal interview in NewDelhi Visa Office. Since we decided either way we won’t appeal, i was making preparations to leave for India in the event we have rejection. However my lawyers secretary is suggesting when I reapply as a sponsor I should at least have a job or income otherwise that time round my husband will be admissible but I may be rejected as a sponsor?Not sure she just wants to keep me here so that in case it’s negative DM they can convince me for the appeal and make money from this deal ? now I am even more frustrated, my husband and I were excited to be re-united in India regardless of decision and re-apply after ban is over but now it seems it may not be the wisest decision either ... please advise
Ignore the secretary. You don't need a job when you reapply. You need to show IRCC that you can support yourselves in Canada without welfare. This can be done through any combination of savings, your spouse's income, family assistance etc.
A lawyer's secretary isn't a lawyer and isn't an expert in immigration matters. You don't need a job, if you don't have one, you just need to explain how you will be able to support your family without resorting to welfare.