ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[saima13]

Hi gsize, the following two links might be helpful to you. Its been a long road for us too more than 3.5 years since we appliedm married for more than 4 years. Its really frustrating but there is nothing we can do except to be patient. Hopefully you will be united soon.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob305.asp

http://www.bellissimolawgroup.com/2012/03/processing-of-successful-appeal-cases.html

 

[lunas]

my heart goes out to you guys. I can't imagine your situation. My case is a little difficult too because of my husband past. I hope you can see something soon. My prayers with you and all of the rest of the applicants who just want to be reunited with their loved ones.

 

[love bird 43]

INSHA ALLAH mine aswell.

 

[khtaana]

A.A Every1.
I am new to this thread but here is my timeline.
Oct 2008 Became PR
Jan 2011 Left for Pakistan and got Married
Mar 18 returned Canada
Apr 2011 Initially applied to CPC-Missisauga
May 2011 File transfered to ISD
Nov 2011 Left for Pakistan for giving my MBA final exams and visiting my wife.
Mar 2012 recieved call from Visa Officer on Wife's No. while I was on a visit to Pakistan requesting Police Clearance etc.
Apr 2012 provided VO @ ISD with Police Cert., updated forms, proof of my redience and my PP's Copies etc as requested by him.
May 10th 2012 returned to canada
May 2012 Decision made appeared on website and got excited, but it was start of a nightmare only
Jun 2012 Got refusal letter stating 'Since I believe Sponsor does not reside in Canada and he did not do so when he filed the application till the day decision is made. Specifically from Nov 2011 till present i.e. 20 May 2012'

Jul 2012 filed an appeal
Aug 2012 IAD asked to submit a copy of proofs to Border Agency as well.
Aug 14th 2012 re- submitted all proofs to IAD & Border Agency.

I am a PR but having 950 days of physical presence on Canadian Soil as compared to 730 days required in 5 years.

Just on basis of a phone call and my MBA reason the rascal assumed I am faking my residency in Canada. Luckily I had appeared as a witness in Court in Saskatoon early apr 2011, plus mean while I have been on E-I and visiting Service Canada for different programs early 2011. Worked in Construction and took all payments on Cheques for a Commercail contract throughout 2011. Appeared for Road tests 5 times and passed in 5th Attempt in year 2011. Plus even in my absence from Canada I have been paying insurance on my 2 vehicles regularly as I initially planned just 2 months off which delayed coz of wife's health which ended in a Miss-Carriage. These all proofs deny Visa Officer's 1st accusation that i did not live in canada when i Applied. But still I stayed almost 5 mnths and 3 weeks away from Canada due to my pregnant and severly ill wife. Loosing all my business in this time and becoming Penny less. On my return they gave me the Best news that 'It was my Ghost living in Canada throughout these years.'

Any 1 experienced same issue please advise me how long it would take till my wife joins me here.

Thanks.

 

[rathika2011]

sry that u got refused...as long as ur PR you must stay in canada till the application is complete..

 

[SponsorCanada87]

A.A Every1.
I am new to this thread but here is my timeline.
Oct 2008 Became PR
Jan 2011 Left for Pakistan and got Married
Mar 18 returned Canada
Apr 2011 Initially applied to CPC-Missisauga
May 2011 File transfered to ISD
Nov 2011 Left for Pakistan for giving my MBA final exams and visiting my wife.
Mar 2012 recieved call from Visa Officer on Wife's No. while I was on a visit to Pakistan requesting Police Clearance etc.
Apr 2012 provided VO @ ISD with Police Cert., updated forms, proof of my redience and my PP's Copies etc as requested by him.
May 10th 2012 returned to canada
May 2012 Decision made appeared on website and got excited, but it was start of a nightmare only
Jun 2012 Got refusal letter stating 'Since I believe Sponsor does not reside in Canada and he did not do so when he filed the application till the day decision is made. Specifically from Nov 2011 till present i.e. 20 May 2012'

Jul 2012 filed an appeal
Aug 2012 IAD asked to submit a copy of proofs to Border Agency as well.
Aug 14th 2012 re- submitted all proofs to IAD & Border Agency.

I am a PR but having 950 days of physical presence on Canadian Soil as compared to 730 days required in 5 years.

Just on basis of a phone call and my MBA reason the rascal assumed I am faking my residency in Canada. Luckily I had appeared as a witness in Court in Saskatoon early apr 2011, plus mean while I have been on E-I and visiting Service Canada for different programs early 2011. Worked in Construction and took all payments on Cheques for a Commercail contract throughout 2011. Appeared for Road tests 5 times and passed in 5th Attempt in year 2011. Plus even in my absence from Canada I have been paying insurance on my 2 vehicles regularly as I initially planned just 2 months off which delayed coz of wife's health which ended in a Miss-Carriage. These all proofs deny Visa Officer's 1st accusation that i did not live in canada when i Applied. But still I stayed almost 5 mnths and 3 weeks away from Canada due to my pregnant and severly ill wife. Loosing all my business in this time and becoming Penny less. On my return they gave me the Best news that 'It was my Ghost living in Canada throughout these years.'

Any 1 experienced same issue please advise me how long it would take till my wife joins me here.

Thanks.

Too much unfair brother.
I know what you have went through.
Hope you win this appeal.
Considering your evidences you should.

 

[PMM]

Hi

Too much unfair brother.
I know what you have went through.
Hope you win this appeal.
Considering your evidences you should.

How is it unfair? The sponsor was a PR who didn't remain in Canada during the processing of his sponsorship. Thats the law Regulation 130

Sponsor

130. (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

(a) is at least 18 years of age;

(b) resides in Canada; and

(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

 

[khtaana]

My dear Friend PMM. Plz gain some legitimate knowledge b4 attempting a comment...
According to IRPA Section 130 1b... term resides does not mean 'Imprisonment'. And physical absence from Canadian soil does not constitute interruption in residence.*
*Gritsan v. Canada (Citizenship and Immigration), 2004 CanLII 56726 (IRB)
If its the case as you reckon.. All the PR's would be indeed in 'Imprisonment' after applying for Spousal or any immigration sponsorship. Thats what the stupid visa officer mistaked at...

Thanx and no gr

 

[PMM]

Hi

My dear Friend PMM. Plz gain some legitimate knowledge b4 attempting a comment...
According to IRPA Section 130 1b... term resides does not mean 'Imprisonment'. And physical absence from Canadian soil does not constitute interruption in residence.*
*Gritsan v. Canada (Citizenship and Immigration), 2004 CanLII 56726 (IRB)
If its the case as you reckon.. All the PR's would be indeed in 'Imprisonment' after applying for Spousal or any immigration sponsorship. Thats what the stupid visa officer mistaked at...

Thanx and no gr

I think I have a little bit more knowledge of the Act/Regulations than you do. The refusal was valid in law. You can usually get away with a short visit if you are a PR, but the OP was out of Canada for 5 months.

 

[lonely2011]

Nice....you can't go live with your spouse nor can your spouse come live with you in Canada until process is done it doesn't matter that it could take 9,12, 24 or more months, maybe visa officers or anyone who supports such a non sense should try to live without their loved ones and then will talk

 

[SponsorCanada87]

Hi


How is it unfair? The sponsor was a PR who didn't remain in Canada during the processing of his sponsorship. Thats the law Regulation 130

Sponsor

130. (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

(a) is at least 18 years of age;

(b) resides in Canada; and

(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

In your case

Jun 2012 Got refusal letter stating 'Since I believe Sponsor does not reside in Canada and he did not do so when he filed the application till the day decision is made. Specifically from Nov 2011 till present i.e. 20 May 2012'

This thing is assumption made by them. On proving them wrong that your visits were short you should get away with this. What does your lawyer say on this ?

Funny part is Visa officer who interview my wife was asking her why why and why your husband did not came to India soon after wedding While in your case they screwed up because you visited your homeland. Such Double standard immigration system.




PMM any suggestions on my case.
They denied me because

Bad faith

4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

(b) is not genuine.

 

[khtaana]

I think I have a little bit more knowledge of the Act/Regulations than you do.

 

[love bird 43]

ok

 

[Kano]

I just finished going through the 20+ pages in this particular thread. Something rather interesting kept coming up time and again. 99.9% of the appeals in this thread involve people from countries such as Sri Lanka, Pakistan, India, etc. (brown countries). Yet, none were from countries like China, Philippines, UK, USA, etc. (non-brown countries).

It seems to me either:

1) There is a great deal of discrimination going on, or

2) The majority of the people posting here are from "brown" countries, or

3) CIC has labelled these countries as known places where marriages of convenience frequently occur.

Unless I have missed something, it seems that these countries have the most difficulty with CIC.

What gives? Can anyone shed some light on this?

 

[Kano]

My husband an I went through the agony, invasion, wackiness of the spouse sponsorship. A 10 year relationship,friendship to marriage rule :not genuine: He is born in India. We were treated like we committed some crime. I found out that racism is very much alive in Canada too. I am a born in Canada citizen. Despite presenting letters from friends and family in support. The impact on my practice, both my husband and I's health being apart. IAD said go to appeal. Nope, not to a country that told me they really do not care about me or anyone or anything around me. Not to a country that thinks I am too stupid and somehow they know my husband better then me?
We refused to appeal and go through anymore abuse and pure silliness. Despite Canada's best efforts to break a marriage hubby and I are doing just fine. No plans of divorce. I will be relocating to India and happy to do so. Ours is a older couple marriage. I can carry my profession( accountant and bookkeeper) clients with me due to wonderful online programs. I have a widow's pension from a previous marriage and can get my own early pension soon. Years of appeals, money spent, the judgements, stress and disrespect is not a good choice for us.
We married each other, not each other's country. Of the 32 million born in Canada citizens 3 million live out of Canada. To prepare I joined expats groups, made some good friends. Wives of Indian men.Surprise surprise, they are happy there. More and more esp retirees are living in low cost countries to have a good retirement and escape the winters too.
I was quite prepared from the start to relocate. I think you have to be when you marry someone from another country. Over the years with this set up of spouse sponsorship in Canada process. Some stay and fight. Some choose to leave and have their married life elsewhere. I will always be Canadian and retain ties here. Come for a visit. There was a time I was very patriotic and believed Canada to be a free humane country. This whole process has shown me this is not quite true. And it's kinda scary to realise we are not the free country we are told we are.
It took me a bit to get over the pain and shock. I am preparing now for reuniting with my husband and a new chapter in life. Many choose this willingly and with excitement. I am a deeply spiritual person and take the higher view. I am meant to go to India. Good Luck to the rest of you who choose to fight. Choose to call Canada home.

If you feel so strongly about your situation then why in the world would you choose NOT to appeal solely on principle? It is ridiculous that you would cut off your nose to spite your face. If you are so ready to give up on Canada without even an appeal it makes me wonder how strong your ties to Canada actually are. It is apparent that the VO was just as skeptical as I am.. and rightly so.