DADDYS GIRL said:
Was wondering if anyone could shed some light or what the possible next steps will be in this situation....
My husband's application for P.R. has been declined however, the refusal documents have not been received and we have not yet submitted our intention to appeal. I want to know what should we expect. My spouse is in Jamaica...will the appeal take place in Toronto or in Jamaica...do both parties have to be available...is the burden of proof to provide support documents that this is a genuine relationship?
Background info: Spouse had an interview February 2015, based on the questions it appeared that the VO had already made a decision on the validity of the relationship?
Any suggestions or feedback would be greatly appreciated...
On the behalf of a really good friend
Hi!
I'm just gonna throw in this piece of info as a partial answer, because this just happened to us yesterday:
I, the applicant, received my refusal letter a few days after my failed interview (and also, judging by the office's questions, negativity, and not looking at a shred of our evidence, he already predetermined to fail me. Most likely based on my picture before anything else.) We waited patiently for the second letter to arrive, which has attached to it the appeal app and all directions. We called CIC numerous times and they said to 'be patient'. It turns out, as we just discovered yesterday, Canada Post employees are total idiots and couldn't find the office of my lawyer... a giant office building... and returned the envelope to Vienna immediately (around late Jan. 2015). The officer was negligent enough to NOT inform us, nor our lawyer, that the envelope was returned. We inquired about this letter via email about a month ago (both our lawyer and ourselves, to be thorough), and only NOW got a reply from the officer directly, showing that the envelope was returned.
Now, this may be a rare situation, but if you see that time is passing and your friend has received nothing/no decision, sit on their heads, politely of course. Call and ask where the decision is.
BUT, i was informed recently, on here, that the second refusal letter isn't needed to file for an appeal! It can be filed with just the initial letter the applicant receives. Unfortunately, in my case, it is required. All cases can vary, in the smallest ways. Ours is a bit more complicated than the standard refusal, so don't take my testimony above as a 'done deal'. I just felt like sharing on here what happened to us, and if anyone sees that MONTHS are passing and they have not received any notices, to call CIC and demand (...politely) to know what's happening. This is our lives they're playing with. It's cruel and unusual punishment to have to go through things such as we've had to.
Good luck to your friend! =D