ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[gango girl]

Hi gango_girl:

I have some questions:

Is your family business incorporated in Sri Lanka?
Did your husband reported your income in Canada when he filed his tax returns in Canada?

I don't know exactly what your case is, but if you may briefly explain your case since the beginning, i may try to give you some suggestions.

What does the GCMS notes say?

hi dear simple9999
yes my business in sri lanka its our family business. with my parents and the brother involved into it. no my husband has not reported my income to canada when he files his taxes. we think its not necessary. and when they ask about the ability of financial support from me recently, then i sent the proofs of them. I did not order the Gcms notes recently as its take about 28 days to come.
any suggestions plzzzz?

 

[rathika2011]

hi dear simple9999
yes my business in sri lanka its our family business. with my parents and the brother involved into it. no my husband has not reported my income to canada when he files his taxes. we think its not necessary. and when they ask about the ability of financial support from me recently, then i sent the proofs of them. I did not order the Gcms notes recently as its take about 28 days to come.
any suggestions plzzzz?

hey gango girl I think u called my hubby..i came back to Canada dec/10th

gango girl it is necessary for ur husband to report any income that u make even u are in srilanka..once ur husband got married to u he must report to the revenue Canada that he got married and any income that u make will be counted as world income and it is a must...that was the first question my lawyer asked me If was reporting to revenue Canada his income? yes since we got married I been doing my tax adding his income as world income...look into this also talk to ur lawyer as well...good luck

 

[gango girl]

hey gango girl I think u called my hubby..i came back to Canada dec/10th

gango girl it is necessary for ur husband to report any income that u make even u are in srilanka..once ur husband got married to u he must report to the revenue Canada that he got married and any income that u make will be counted as world income and it is a must...that was the first question my lawyer asked me If was reporting to revenue Canada his income? yes since we got married I been doing my tax adding his income as world income...look into this also talk to ur lawyer as well...good luck

hi dear why didnt you come this way?
so dear if we report my income to revenue canada, he has to pay taxes for my income too?
its unfair right?
but dear did you read my posts
i think we were refused as my husband is not earning anything and also he is in default in family maintenance right?
do you think if he paid the default payments and do a job again we can be approved for the visa?
because they have said that "I am also not satisfied that you would be able to financially support yourself and your children in the short to medium term in canada and that adequate arrangements for yours and your dependents care and support, "
this time they have mentioned my husband and saying that he is enable to financially support our selves once we are in canada.
actually they have done a mistake by asking me to show the ability to financially support and they do not need to show that they have done a mistake and refused us and saying that my husband have not showed the ability to financially support our selves.
because he is in out of the country , not earning, default in payments and no funds in the banks
am I correct dear?
I dont know why these people turning us all around and try to refuse us
they could ask straight and do the proper thing without make the people confused.
I hope still the god with us
will see when the god help us dear...
any more suggestions dear?
anyway thnks for the reply and send me about your case in the personal msgs if you are ok

 

[SenoritaBella]

Hi gango girl,
I'm going to try and explain again why you were refused and what you can do to hopefully get a positive decision.

1. They approved the sponsorship because your husband was able to satisfy CIC at the time that he could provide for himself, his other children, you and your own children.

2. Then he defaulted on family maintenance. If he can't provide for his other children, why should CIC allow him to bring in 3 more people?

3. Despite what you gave them, they didn't think it was enough to provide for 4 people + his other children. This is they rejected you.

4. You are free to appeal. I believe the notice for appeal has to be submitted within 30 days of the rejection decision.

5. The fact that he quit his job, knowing he had family maintenance to pay does not reflect positively on him. He is going to have a difficult time explaining this to the appeal board.

6. Feel free to take any new information you like. They can decide during the hearing if they will accept it or not.

7. You need to show evidence of: the family maintenance being current, him working and earning, you working and earning, your education certificates, and describe the type of jobs you can do once in Canada, affidavits (and tax documents) from relatives in Canada about their financial support for you guys once in Canada.

8. Lastly, your husband has to report your income, even if it is zero. If he doesn't and CRA catches him, there are huge fines and sometimes jail time. Also, filing taxes as a couple ensures you get whatever tax credits your may be eligible for.

 

[Hina 123]

Hellooo everyone .. can any body tell me when CIC send u ADR or full hearing notice .do they tell u ADR date or hearing date n time with the notice or CIC sepratly send date n time of hearing after ADR notice? After hearing date how long they take time for ADR or full hearing notice .
Plzzz guid me .

 

[rathika2011]

Hellooo everyone .. can any body tell me when CIC send u ADR or full hearing notice .do they tell u ADR date or hearing date n time with the notice or CIC sepratly send date n time of hearing after ADR notice? After hearing date how long they take time for ADR or full hearing notice .
Plzzz guid me .

after u get refused cic don't handle your file or has nothing to do with adr or full hearing....you would be appealing to iad (immigration appeal division) once they receive ur appeal they have 120days to provide you with the ''blue file'' (which include everything that u summited to the embassy) once u receive this file if u are selected for an adr then u would get a date from iad stating the time and date. This procedure would take any where from 6 to 8 months.. if u do not be selected for adr and they have you for full hearing then ur looking at anywhere from 18 to 23 months from the date u appeal.. this is the basic time line in Toronto....hope this help.

 

[PALAKI]

my husband applied for my sponsorship in nov 2013 and on dec he got the approval for being a sponsor and the paers are sent to new delhi...any idea how much more time to go

 

[gango girl]

Hi gango girl,
I'm going to try and explain again why you were refused and what you can do to hopefully get a positive decision.

1. They approved the sponsorship because your husband was able to satisfy CIC at the time that he could provide for himself, his other children, you and your own children.

2. Then he defaulted on family maintenance. If he can't provide for his other children, why should CIC allow him to bring in 3 more people?

3. Despite what you gave them, they didn't think it was enough to provide for 4 people + his other children. This is they rejected you.

4. You are free to appeal. I believe the notice for appeal has to be submitted within 30 days of the rejection decision.

5. The fact that he quit his job, knowing he had family maintenance to pay does not reflect positively on him. He is going to have a difficult time explaining this to the appeal board.

6. Feel free to take any new information you like. They can decide during the hearing if they will accept it or not.

7. You need to show evidence of: the family maintenance being current, him working and earning, you working and earning, your education certificates, and describe the type of jobs you can do once in Canada, affidavits (and tax documents) from relatives in Canada about their financial support for you guys once in Canada.

8. Lastly, your husband has to report your income, even if it is zero. If he doesn't and CRA catches him, there are huge fines and sometimes jail time. Also, filing taxes as a couple ensures you get whatever tax credits your may be eligible for.

thank you SenoritaBella
you made me relaxed and some people make us go down and hopeless. actually i know that we have to face to the reality. but there should be a way of coming up for us. so, i needed a positive answer not a negative answer from anybody. you gave me a positive answer. a murderer also have an excuse so, why we shouldnt have right?
thank you dear for the positive answer. we should do the best thing what we we should do. because we are genuine. our family and friends, neighbors and the god knows that. they will help us and I believe in god...
so i need my forum friends too
i know they are with me always....
god bless you all
guide me with anything else once you get more suggestions ......
thnx again

 

[Hina 123]

after u get refused cic don't handle your file or has nothing to do with adr or full hearing....you would be appealing to iad (immigration appeal division) once they receive ur appeal they have 120days to provide you with the ''blue file'' (which include everything that u summited to the embassy) once u receive this file if u are selected for an adr then u would get a date from iad stating the time and date. This procedure would take any where from 6 to 8 months.. if u do not be selected for adr and they have you for full hearing then ur looking at anywhere from 18 to 23 months from the date u appeal.. this is the basic time line in Toronto....hope this help.

Thank u dear .im from vancouver .. how abt ur hearing ? Current status pls

 

[Hina 123]

Salam dear don`t worry I also waited 5 months for adr date. soon you will hear from them but try to call them and ask them where is your file did they forward it to the scheduling department or not..

Salam lonly tears . Plz share ur experiences n current status . How abt ur hearing ? Im very much restless n im much much scared :'( :'( :'(

 

[simple9999]

hi dear simple9999
yes my business in sri lanka its our family business. with my parents and the brother involved into it. no my husband has not reported my income to canada when he files his taxes. we think its not necessary. and when they ask about the ability of financial support from me recently, then i sent the proofs of them. I did not order the Gcms notes recently as its take about 28 days to come.
any suggestions plzzzz?

What your husband may do is to ammend all his previous years tax returns and report your income.
If the financial issue is an objection by CIC, I think it will be better that your family business be incorporated and you be the shareholder of the company (preferred shares) for which the dividends can be paid to you even after you migrate to Canada. If you are investing the money in building a home in Canada, i think the title should also go under your name, you don't have to be here in order to purchase a property in Canada, you can appoint a lawyer in Canada to do all that, i would suggest that in any case if your investing your money.

 

[Guguz]

Hi Guys!!!

How are you all. Its been 5 months today since we have received Blue Book and haven't heard anything yet. So depressed and upset. :-[ :-[ :-[ :-[... Any comments?? My appeal will be heard in Vancouver.

Thanks

 

[gango girl]

What your husband may do is to ammend all his previous years tax returns and report your income.
If the financial issue is an objection by CIC, I think it will be better that your family business be incorporated and you be the shareholder of the company (preferred shares) for which the dividends can be paid to you even after you migrate to Canada. If you are investing the money in building a home in Canada, i think the title should also go under your name, you don't have to be here in order to purchase a property in Canada, you can appoint a lawyer in Canada to do all that, i would suggest that in any case if your investing your money.

hi dear
actually dear we dont know anything like that we had to pay the taxes in canada as we are already paying taxes in my country for our business.
yes our business is incorporated and i have a equal partnership with my parents and the brother. and also i have already submitted our business registration and the proofs of my income to the visa office and also my parents have already given an affidavit saying that my partnership will be paid though i migrate to canada.
and also i have properties here and i want to sell one of them to make a down payment for a house in canada. so there is a person already ok to buy that land with the completed house in any time we want. so, he has made an agreement to buy it for a good price. i had a half made house in that land and that person needed me to complete the house if i want to sell it. so, i supposed to build it and rent it away till i get the visa to sell that house and make a down payment to buy a house in canada. so, it is on constructions now. thats why my husband needed to stay with me till i finish the constructions as i cant do it alone with my small child. what ever according to this appeal i have to send him back to canada very soon.
thank you for giving me good ideas dear....
and one more think dear simple9999 my husband is still in my country and in the appeal form they have asked the city which he signed at? so what shall we do?
shall we post it from here? then we cant mention my city here in this country and then they will think that still my husband is in my country when the time they get the appeal form from him. because he goes back to vancouver in the mid of this month. can we put vancouver as the city he signed at? then the letter will be posted from here and they will know that my husband is still here and will they misunderstand as that my husband is going to appeal from here?
which way is the best. because he still did not get the refusal letter in canada as his mailing address is still his sister's place as he was living with them. so, still we have time to appeal from canada once my husband back to canada in the mid of this month. so we thought that my husband will go in the mid of this month and appeal straight from vancouveer and then he can put vancouver as the city he signed at right?
do you think that way is good?
any way thnx for your reply dear
and thank you all for giving me a hand to be strong to face all of these problems.

 

[Hina 123]

Hi Guys!!!

How are you all. Its been 5 months today since we have received Blue Book and haven't heard anything yet. So depressed and upset. :-[ :-[ :-[ :-[... Any comments?? My appeal will be heard in Vancouver.

Thanks

Hi Guguz . U have haired a lawyer n have u asked to ur lawyer ? If u havent then do cal ur self to IRD n ask .by the way y ur case was rejected can u plz share ur experience ? What CIC objected ?

 

[scylla]

and one more think dear simple9999 my husband is still in my country and in the appeal form they have asked the city which he signed at? so what shall we do?
shall we post it from here? then we cant mention my city here in this country and then they will think that still my husband is in my country when the time they get the appeal form from him. because he goes back to vancouver in the mid of this month. can we put vancouver as the city he signed at? then the letter will be posted from here and they will know that my husband is still here and will they misunderstand as that my husband is going to appeal from here?

If he is signing the letter now and sending it now - then he has to put the city he is in now - not Vancouver. If he is not going to sign and send in the letter until he is back in Vancouver - then it is OK to say Vancouver. Your husband should not misrepresent / lie about the city he is in when the letter is signed. It is very easy for CIC to verify where he was when the letter was signed based on airline/immigration records.