Hi
I'm new to this thread and I'm still hoping an appeal might not be necessary, but I have a bad feeling about it all..
I'm going to need some advice on the initial appeal steps if possible please?
I applied for spousal sponsorship in Aug 2013 at the London Visa Office.
I was deported from Canada (where my partner, children and home still are) to the UK in May 2014, due to a DUI that I got in Canada in January 2010, although it only went to court for it in April 2012. I can apply to be pardon from April 2015.
The reason for the excessive delays is that I was fighting the deportation (unsuccessfully) with the use of lawyers from within Canada. I have always been legally in Canada, even with just implied status at some points while waiting to be processed. My former lawyer put in so many applications. The cost of this entire ordeal is currently over £20,000 ($35,000) and rising.
My DUI was minor (I know its an offence, and have taken responsibility for my stupidity. I have completely complied with my sentence in accordance to BC law), I only blew marginally over, there was no other incident involved, and I have a totally clean record apart from that one stupid mistake. It was the officers first ever arrest, and she was being assessed during the arrest procedure. The RCMP apologised to me at the end of the ordeal, and I have their support with my applications.
I have a humanitarian and compassionate submission lodged with my PR application to try and overcome the criminality.
I have lived in Canada for 6 years, have my whole life set up there, and have over testimonial from reputable people with the community testifying to my positive contribution to Canadian society culturally, economically and socially. I have a well established life, and have been forced to leave my home, my partner, my children, my dog, my friends.. everything..
I submitted a TRP and ARC (authorisation to return to Canada) as soon as I returned in May, asking to be able to return to my family while my PR was in process. This got 'misplaced' along with my British passport until Oct 2014.
I was requested to do another medical (previous one expired due to long process time) and new police certificates and paid the RPRF.
The final document to come through was the additional Canadian Police Check/Certificate which detailed my single charge (CIC have had full disclosure of this incident, in the form of court documents and statement dating back to 2011. My former lawyer incorrectly submitted the RCMP police disclosure request rather than full certificate). London received this on Jan 17 2015.
Today my MP in Wales received an email from the LVO saying:
Dear Roger Williams, MP,
This is in response to your enquiry regarding the above noted file.
Please be advised that a decision was made on 9th February 2015. The applicant will be sent a letter explaining the reasons for this decision, in due course.
We hope this is of assistance.
Sincerely,
p.p. REO
The way that I'm reading it suggests that if they have to 'explain' the decision, and in letter form rather than COPR, it is likely to be negative. You do not need to 'explain' a positive decision. I expect this has been prompted because of the official Police Certificate pertaining to my charge that they recently received.
I know I'm jumping the gun a bit, but is it legal for them to request all of these extra documents (and the significant costs and fees associated with them) if they were aware of this charge when I initially submitted my applications? The certificate just confirmed what they already knew and have done since the start.
Also what are my grounds for appeal? I've heard that it is basically impossible to appeal because I've already submitted an application for consideration under humanitarian and compassionate grounds? Is this true?
Having received my case file notes, my relationship is not under question, so I believe it is all related to my criminality (however minor).
Please can anyone give me any advice?
Is a letter of reconsideration my first step?
Could I apply to have an ADR in the UK? And if so, how?
And how long am I likely to have to wait before I'm notified of the decision?
I haven't seen my family for 10 months now, and I'm stuck in a country where I have nothing, but I will not give up on my fight to go home!
HELP! I don't know how much more I can take!