ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[Hope-19]

Hello Beautiful People Here:

Have some questions.
I have hired a lawyer to present me at the full hearing.
We were treated unfairly and disrespectful during the interview (interview note was totally different with the actual fact), I am worried that will this happen again in the full hearing?
Also, in the hearing who will ask me the question, the minister representative or my lawyer?
What will the lawyer do during the hearing.
Thanks a lot.

Our whole interview was fabricated as well and entered 2 months after the interview by a different visa officer. It will not happen at the full hearing because you have a lawyer and the hearing is recorded. We asked for a recording of the interview and were told they were not recorded by ADR. Both your lawyer and the minister's representative can ask questions at the hearing from both of you and any witnesses you may have. I didn't have a hearing yet (scheduled for ADR next month), but I understand in addition to asking questions they sum up your case at the end of the hearing/or the beginning of the hearing as to why you should win your appeal.

 

[david_savard]

Hi all,

Can someone provide some clarity on whats to come please.

Summary of my situation:

- I am a Canadian Citizen, my wife is european.
- Applied for Sponsorship from outside of canada (London, UK)
- Sponsorship refused due to criminal inadmissibility - My wife had a DUI while visiting Canada few years ago.
- Filed an Appeal and got a court date
- Went into court and WON the appeal on October 20th 2019.

Questions:
What is next?
Do we need to apply for the ARC - Authorization To Return to Canada - Or will it be provided automatically?
How much time can the rest of the process take?

Thank you in advance!

 

[mex88]

Yes put your wife as your witness.they call her and they’re going to her ask how you met each other and ask something about your relationship.just like us..my husbands appeal was sept 5 and they tell us the decision right away..our appeal allowed..we are still waiting for an email if our visa office receieved our app.until now no new update about our application.

Once I put her as a witness, what sort of questions will they ask her? Or will I be the one asking her? As I did not hire any lawyer and INCHALLA I will win this case. Please share some of the questions to help me prepare more and also what evidence did you sumbit?

 

[mex88]

They say the questions depend on why your were refused, so focus on answering to those questions, but here are some other questions they may ask at the hearing. (I didn't have a hearing yet, but these are some questions that were posted by someone who had a hearing earlier in this thread). The prosecutor will probably want to question both you and your wife. I assume as you are representing yourself you could ask your wife questions too. Someone on here who has already had their hearing and represented themselves could probably answer your question better. Good Luck!


1) When did you first come to Canada?
2) Under what category?

Previous Relationship
3) Have you been previously married or in a common law relationship?
4) If so, to whom and when?
5) When did you separate? Why?
6) When did you get divorced? Why?
7) Do you have children from your previous marriage? If so, what are their names and ages?
8) Do you have any contact with your ex-husband or common law partner?

Current Marriage
9) When did you meet your current spouse?
10) Describe the circumstances of your first meeting.
11) Who contacted who first? How?
12) When did you first meet in person?
13) Describe your first date?
14) Why were you attracted to your spouse?
15) What type of activities did you do together?
16) When did you meet his family and his friends?
17) When did he propose? How?
18) What did you say?
19) Was there an engagement ceremony? If so, please describe? If not, why not?
20) When did you get married?
21) Describe your wedding.
22) How many people were present?
23) Did you go on a honeymoon? When, where?
24) Did you ever live together? How long and where?
25) Describe a typical day with your husband?

Communication
26) How many times did you visit your spouse after wedding? Provide with dates.
27) When you are apart, how do you communicate with each other?
28) What do you talk about?
29) Do you send each other gifts or money? If so, what and how much?
30) What are your plans once your spouse moves to Canada?
31) Where will you live?
32) Are you planning on having children?
33) What do you like about your spouse?
34) What do you not like about your spouse?
35) When is his birthday?
36) What are his parent’s names?

Spousal Sponsorship Application and Interview
37) Why do you think your spousal sponsorship application was refused?
38) How did that make you feel?
39) What happened at the interview?
40) If this appeal was dismissed, what would you do?
41) Do you think your spouse married you in order to be able to come to Canada? If not, why?
42) Do you want to add anything else?

Thanks- What sort of questions or examples I should ask my wife? Also will they be asking her or only me?

 

[Hope-19]

Thanks- What sort of questions or examples I should ask my wife? Also will they be asking her or only me?

I think you should ask your wife questions that will prove your case and explain why the refusal was wrong. It depends on why you were refused - the reasons they listed in your refusal letter and notes from the interview. Focus on answering to the reasons for refusal. From what I read on CanLII the Minister's Counsel asks both you and your wife questions and your answers should match - especially with important dates etcetera. Here are some questions for examples:

1. When and where did you meet your spouse for the first time?

2. How did you meet your spouse?

3. How old is your spouse? What is your spouse's birth date?

4. What does your spouse do for a living?

5. Where did your spouse go to school'?

6. What degrees or formal training does your spouse have?

7. How did your spouse immigrate to Canada?

8. Where does your spouse work?

9. What is the name of the company? What position does your spouse hold? How long has your spouse worked there?

10. What does the job entail?

11. Does your spouse like his or her job?

12. What is the salary?

13. Where does your spouse live?

14. Whom does your spouse live with?

15. Where are you going to live when you go to Canada?

16. Please explain the type of relationship you have had since your first meeting.

17. What is your and spouse religion?

18. When you and your spouse were dating what would you do together?

19. Do you have any hobbies? Describe them.

20. Does your spouse have any hobbies? Describe them.

21. What type of music do you enjoy?

22. What type of music does your spouse enjoy?

23. What kind of movies do you enjoy?

24. What kind of movies does your spouse enjoy?

25. What kind of books do you read?

26. What kind of books does your spouse read?

27. Have you and your spouse ever exchanged gifts? Explain.

28. When and where did the marriage proposal take place?

29. Was your marriage arranged?

30. If it was arranged describe how it was arranged and by whom?

31. Did you have a ceremony celebrating your relationship?

32. Where was it held?

33. When was it held?

34. Describe the ceremony?

35. Did it conform to your own religious and cultural beliefs? Explain.

36. When did you get married?

37. Where did you get married?

38. Who was at the wedding?

39. What family members were there?

40. How many people were at the ceremony?

41. What day was the ceremony held on?

42. Who performed the ceremony?

43. Do you have pictures of the ceremony?

44. Who was at the ceremony from your side?

45. Who was at the ceremony from your spouse's side?

46. Were any friends present?

47. How many brothers and sisters does your spouse have?

48. Were your parents at the wedding? If not, why not?

49. Are your parents aware of the wedding? If not, why not?

50. Where your spouse's parents at the wedding? If not, why not?

51. Were your spouse's parents aware of the wedding? If not, why not?

52. Was a reception held? When and where was it held?

53. Who was present at the reception?

54. Did you receive any wedding gifts? Describe them.

55. Did you on a honeymoon? Where did you go and for how long?

56. Do you have pictures and receipts from the honeymoon, wedding and

reception?

64. Do any other family members reside with you and your spouse? If yes, please indicate their names and relationship.

65. What relatives do you have in Canada?

66. What are their names and where do they live?

67. What relatives do you have outside of Canada?

68. Has your spouse met any of your relatives or friends? Who have they met and when did they meet them?

69. Have you met any of your spouse's relatives or friends? Whom have you met and when did you meet them?

70. In terms of education, would you say that you and your spouse's educational background are compatible?

72. Why did you marry your spouse?

74. Do your family members (parents, siblings) want to immigrate to Canada?

75. Did you marry your spouse so that you could sponsor your parents as landed immigrants of Canada?

76. How do you correspond with your spouse?

77. How often do you talk on the phone?

78. Do you have phone bills, e-mails, cards, etc.?

79. Tell me why this marriage or relationship is genuine.

80. What makes your relationship with your spouse different from that of a female/male friend?

81. Does your spouse support you financially?

82. Do you support your spouse financially?

83. If I refuse this appeal what will you do?

84. When and where did you live together?

85. Development of your relationship after very first day?

86. Why didn’t you get married to someone from your country??, why to someone from Canada?

87. Personal life of sponsor, school, colleges, courses, work and all important dates such as, date of moving to Canada, date of leaving Canada and entering your country.

88. If she is pregnant or not, if not, why not ?

89. Detailed information about her parents

90. Engagement, marriage and reception, who attended and who did not, if not why?

91 About rituals in religious ceremony and number of guests?

92. Future plans?

93. What kind of job, you are looking for?

94. What side of bed, you sleep on?

95 Where did your spouse propose to you , what time was it ? And how ?

96. When and where did u first time get intimate with your spouse ?

97. What contraceptives did u use ?

98. Her birth date, her education details, her parents, sister info..etc etc..

99. When and where did you get married?

100.What trips did you go on together?

 

[Kajan2017]

@ta1ons , @Sarahannclarke5 , and others who really want to what will happen in the court hearing day.

I faced the court hearing 2 months back and won the appeal. This is how it happened in Toronto.

The order is,
1. Your lawyer will start questioning the sponsor.
2. Minister's representative will start questioning the sponsor.
3. Your lawyer will start questioning the applicant.
4. Minister's representative will start questioning the applicant.
5. The same will happen to the witnesses you appointed.

Note 1: If your marriage is genuine, you will feel the questions are easy and straightforward. Whoever going to face the questions in the court should prepare very well though.

Note 2: Most of the questions related to the reason why you are refused in the interview. So you should prepare well enough in that area.

Note 3: If you are outside of Canada, they will call you and questioning via the phone.

Note 4: In the beginning, the court will ask you if you need an interpreter. I totally recommend you to have an interpreter if your mother language is not English.

Note 5: Don't be nervous and don't say any lie at all. You don't need to say the answers quickly. Get the question correctly, think well, and answer it.

Note 6: Minister representative's questions are a little harder than your lawyer's questions.

Note 7: The judge will give the results as soon as the end of the court hearing.

Note 8: Every one and a half or two hours the court takes the break for 10 to 15 minutes.

All in all, if your marriage is genuine and if you are not going to say any lie, you will win the appeal easily.
The court hearing is not hard, but you have to prepare very well.
Good luck guys.

 

[ta1ons]

@ta1ons , @Sarahannclarke5 , and others who really want to what will happen in the court hearing day.

I faced the court hearing 2 months back and won the appeal. This is how it happened in Toronto.

The order is,
1. Your lawyer will start questioning the sponsor.
2. Minister's representative will start questioning the sponsor.
3. Your lawyer will start questioning the applicant.
4. Minister's representative will start questioning the applicant.
5. The same will happen to the witnesses you appointed.

Note 1: If your marriage is genuine, you will feel the questions are easy and straightforward. Whoever going to face the questions in the court should prepare very well though.

Note 2: Most of the questions related to the reason why you are refused in the interview. So you should prepare well enough in that area.

Note 3: If you are outside of Canada, they will call you and questioning via the phone.

Note 4: In the beginning, the court will ask you if you need an interpreter. I totally recommend you to have an interpreter if your mother language is not English.

Note 5: Don't be nervous and don't say any lie at all. You don't need to say the answers quickly. Get the question correctly, think well, and answer it.

Note 6: Minister representative's questions are a little harder than your lawyer's questions.

Note 7: The judge will give the results as soon as the end of the court hearing.

Note 8: Every one and a half or two hours the court takes the break for 10 to 15 minutes.

All in all, if your marriage is genuine and if you are not going to say any lie, you will win the appeal easily.
The court hearing is not hard, but you have to prepare very well.
Good luck guys.

Thanks. Kajan.
My lawyer told us that in the most situation, the board member, the judge will think about the benefit of sponsor and let the case allowed. How's your feeling during the hearing.
Did the judge pretend to stand on your side than the minister representative?
Thanks again.

 

[Kajan2017]

Thanks. Kajan.
My lawyer told us that in the most situation, the board member, the judge will think about the benefit of sponsor and let the case allowed. How's your feeling during the hearing.
Did the judge pretend to stand on your side than the minister representative?
Thanks again.

Actually, I was on the phone call interview. So I couldn't watch or hear the Judge's reactions.

 

[Pruthvi]

Hi everyone,

I am a sponsor currently holds PR i want to apply Dependent visa to wife i recently got married 6 months back and currently i have an issue for filing the Dependent visa, i lost my full time job last month the company layoff me due to there financial issue i currently applied Employment insurance(EI) and it got approved, currently i am looking for new job but till now i didn't get any can i apply my spouse dependent visa or what to do any cases with my situation?

 

[msamhat]

@ta1ons , @Sarahannclarke5 , and others who really want to what will happen in the court hearing day.

I faced the court hearing 2 months back and won the appeal. This is how it happened in Toronto.

The order is,
1. Your lawyer will start questioning the sponsor.
2. Minister's representative will start questioning the sponsor.
3. Your lawyer will start questioning the applicant.
4. Minister's representative will start questioning the applicant.
5. The same will happen to the witnesses you appointed.

Note 1: If your marriage is genuine, you will feel the questions are easy and straightforward. Whoever going to face the questions in the court should prepare very well though.

Note 2: Most of the questions related to the reason why you are refused in the interview. So you should prepare well enough in that area.

Note 3: If you are outside of Canada, they will call you and questioning via the phone.

Note 4: In the beginning, the court will ask you if you need an interpreter. I totally recommend you to have an interpreter if your mother language is not English.

Note 5: Don't be nervous and don't say any lie at all. You don't need to say the answers quickly. Get the question correctly, think well, and answer it.

Note 6: Minister representative's questions are a little harder than your lawyer's questions.

Note 7: The judge will give the results as soon as the end of the court hearing.

Note 8: Every one and a half or two hours the court takes the break for 10 to 15 minutes.

All in all, if your marriage is genuine and if you are not going to say any lie, you will win the appeal easily.
The court hearing is not hard, but you have to prepare very well.
Good luck guys.

Totally agree! We went through this procedure and we won on october 7 th. We received an email after two weeks to submitt new documents: medical and police certificate. It is all done. Medical passed. What is the time after this for passport request?

 

[Zettty1980]

Hi all. It's been really stressful. But I have my ADR in two weeks. What do I expect ? What's the success rate for ADR in Toronto

 

[Hope-19]

Hi all. It's been really stressful. But I have my ADR in two weeks. What do I expect ? What's the success rate for ADR in Toronto

I have ADR in a couple of weeks too, but mine is via video conference in Halifax. I understand the success rate for ADR overall is 50%. I don't know if there is a specific rate for Toronto or not. From the letter the IAD sent about preparing for ADR (which you probably received as well) it says to review the refusal letter and the appeal record, including any notes from the interview with the immigration officer. Be prepared to explain why you think your appeal should be allowed. This could include addressing any mistakes you believe were made in deciding your case or providing information to clarify or explain the issues identified by the immigration officer in the refusal letter and immigration officer's notes. You can explain how the refusal decision impacts you and your family and any other special circumstances in your case.

Having said that, in reading through this thread about ADR some people said they never brought up the interview at all and it was like being interviewed all over again. I guess it depends on who you get for the Minister's counsel. Most people said that they asked about the interview and information that was submitted with their application. I guess it would be best to go over your application making sure you can answer every question in there about your spouse and your relationship, while also being prepared to address any of the visa officer's lies, misunderstandings or concerns. Maybe someone on here who has already had their ADR can help more. I am a little nervous too, but so happy to maybe getting this nightmare over with - most miserable experience of my life, so far anyway. Our lawyer said if ADR doesn't work she is confident we have enough to win the appeal anyway. Good luck!

 

[Zettty1980]

I have ADR in a couple of weeks too, but mine is via video conference in Halifax. I understand the success rate for ADR overall is 50%. I don't know if there is a specific rate for Toronto or not. From the letter the IAD sent about preparing for ADR (which you probably received as well) it says to review the refusal letter and the appeal record, including any notes from the interview with the immigration officer. Be prepared to explain why you think your appeal should be allowed. This could include addressing any mistakes you believe were made in deciding your case or providing information to clarify or explain the issues identified by the immigration officer in the refusal letter and immigration officer's notes. You can explain how the refusal decision impacts you and your family and any other special circumstances in your case.

Having said that, in reading through this thread about ADR some people said they never brought up the interview at all and it was like being interviewed all over again. I guess it depends on who you get for the Minister's counsel. Most people said that they asked about the interview and information that was submitted with their application. I guess it would be best to go over your application making sure you can answer every question in there about your spouse and your relationship, while also being prepared to address any of the visa officer's lies, misunderstandings or concerns. Maybe someone on here who has already had their ADR can help more. I am a little nervous too, but so happy to maybe getting this nightmare over with - most miserable experience of my life, so far anyway. Our lawyer said if ADR doesn't work she is confident we have enough to win the appeal anyway. Good luck!

Thank you for your response. I hope and pray I win the ADR. My lawyer is very positive I ll win. My case was just that I didn't sponsor my husband on time. So that was questionable. We ve been married since 2010. We have 2 kids. I have been dealing with a terrible medical condition for years. I couldn't work. I had to go on social assistance. And you cant sponsor if you are on social assistance. I applied for Disability but was denied. Now am on a new medication that has kept me a bit stable. So am working now, hence we decided to start the application last year. I dont understand how the visa officer will think our marriage is not genuine and that my husband just want to come to Canada. Am staying p

 

[Hope-19]

Thank you for your response. I hope and pray I win the ADR. My lawyer is very positive I ll win. My case was just that I didn't sponsor my husband on time. So that was questionable. We ve been married since 2010. We have 2 kids. I have been dealing with a terrible medical condition for years. I couldn't work. I had to go on social assistance. And you cant sponsor if you are on social assistance. I applied for Disability but was denied. Now am on a new medication that has kept me a bit stable. So am working now, hence we decided to start the application last year. I dont understand how the visa officer will think our marriage is not genuine and that my husband just want to come to Canada. Am staying p

I agree with your lawyer, it sounds like you have a very good chance for winning ADR. I hope you do and you and your family can put this whole mess behind you. Think good thoughts and I am wishing you the best of luck!

 

[samola10]

Thank God finally I have landed safely and now with lovely wife.
Thank you...