ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[Mrs.S]

Hello Mrs S, are you hanging on while waiting for the ADR date . Thank you so much for always posting helpful information and guiding the new members like myself. Looking at my proof, I'm so worry as I never have time stamp on my pictures, so they might not know when they are taken. Also, we talked a lot on Skype, at least 2 hours each day, but we don't write anything in email or Skype, we only sent some quick note to let other know if one is available, or busy so he does not wait for me or vice versa. However I have a lot of pictures as I have visited my hubby 5 times since we know each other. I'm wondering if I have to have some caption to explain who is in the pic ? When you send your pics, do you put them in the albums ?

You can put captions on your pictures, send the pictures loose, no album.
Also I agree with wintersnow, use your Skype history, print it out and send it in. Any little thing that shows your constant communication with your spouse will help....letters, cards, Skype call records, text messages, etc.

I have hundreds of pages of bbm conversation between me and my husband that I printed out for the ADR. Remember when you go for ADR its not "until proven guilty" they already have their minds set that you don't have a genuine marriage, this is your chance to change their minds...do everything you possibly can to do that. Having evidence to support what you are saying will make it easier for them to see that your marriage is real.

 

[Mrs.S]

hi actually i am in the same boat.. my husband added me in his PR appliaction because we got married this year march 2015 and he alrdy rcvd his PNP septmbr 2014.So he added me in his application in april and after that at the end of april we got an email asking for my medical and PCC and one more email after a day or two for paying landing fees.

We submitted our all the docs and medical on JUNE1,2015 . Bt all i want to know is will we get a new tracking id or we have to chck it through my husband PR file no. and even status is stil the same from the time my husband submitted his medical i.e "medical has been received "


please anybody suggest that what to do and how

If you are checking your status online, sometimes they are not up to date, they take a while to change so be patient. I think it will be through your husband PR file, if anything changes they will send you a letter or email informing you of the change.

 

[Mrs.S]

Just some useful info:
Alternative Dispute Resolution (ADR) at the Immigration Appeal Division (IAD):
http://www.irb-cisr.gc.ca/Eng/ImmApp/Pages/IadSaiAdrMarGuideApp.aspx

The use of Alternative Dispute Resolution (ADR) offers an informal, less confrontational and more consensual approach to dealing with sponsorship appeals, which essentially concern the appellant's desire to reunify his or her family. ADR is consistent with the Immigration and Refugee Board's vision to deal with matters "simply, quickly and fairly."

The success of a 1998 ADR pilot project in the IAD Toronto office led to the ADR process being made a permanent part of the Toronto office's case processing for many types of sponsorship appeals. The ADR process was then implemented in Vancouver in 2000 after further study, refinement and consultation. Following the implementation of the new Immigration and Refugee Protection Act, which came into force on June 28, 2002, the Montréal, and Calgary offices started using ADR in the Fall of 2003, followed by Ottawa in January 2004.

The ADR process at the IAD usually involves an in-person meeting - an ADR Conference - that is scheduled to last for one hour. The IAD assigns a member to act as a dispute resolution officer (DRO) for each appeal that is selected for the ADR process. All DROs receive training in ADR and have in depth substantive and procedural knowledge of sponsorship appeal issues. In addition to the DRO, the ADR Conference participants are the Minister's counsel, and the appellant and their counsel. About half of the cases that go through ADR will have a final result without the parties having to attend an oral hearing. Usually this is CIC agreeing to the appeal being allowed, or it could be the appellant withdrawing the appeal.

There are written ADR procedures and there is specific ADR rule in the new IAD Rules - Rule 20 covers such matters as exchange of documents, participating in good faith, confidentiality and IAD approval of any settlements.

An independent consultant's evaluation in 2001 confirmed that the IAD's use of ADR contributes significantly to the efficiency, effectiveness, and quality of administrative justice at the IAD. It provides appellants with a process that is generally viewed as fair and worthwhile and often produces savings in terms of costs and time. Its informality reduces the tension often felt by participants in adversarial proceedings.

The ADR program has not, however, reached its full potential. The IAD accepted all of the recommendations of Leslie Macleod's evaluation report, and they have now largely been implemented - this includes enhancing of ADR training for dispute resolution officers and Minister's counsel, and providing more detailed written guidelines on ADR procedures and practices.

 

[Mrs.S]

Instructions:
http://www.irb-cisr.gc.ca/Eng/res/form/Pages/IadSai428Instruct.aspx

IMPORTANT INSTRUCTIONS FOR SPONSORSHIP APPEALS


As the sponsor, you have the right to appeal the refusal of the application for permanent resident visas made by the persons you sponsored, under section 63(1) of the Immigration and Refugee Protection Act. A Notice of Appeal is attached for that purpose. This form must be completed in English or in French.

Once the form (PDF, 539 KB) is completed, you must provide it to the Registry Office of the Immigration Appeal Division (IAD) so that it is received no later than thirty (30) days after you received the Citizenship and Immigration (CIC) refusal letter which contains the written reasons for refusal. The Notice of Appeal must be provided together with a copy of the CIC refusal letter.

The addresses, telephone numbers and fax numbers of the IAD Registry Offices are listed below. You must provide your Notice of Appeal to the IAD Registry Office that serves the province or territory where you live. If you choose to provide these documents by mail, you must make sure that the IAD Registry Office actually receives the document before the deadline.

You have the right to be represented by counsel, at your expense. If counsel charges you a fee or other consideration, the counsel must be a member in good standing of either a provincial law society, the Chambre des notaires du Québec, or to the Immigration Consultants of Canada Regulatory Council (ICCRC). If you have retained counsel, please notify the Immigration Appeal Division, in writing and without delay, of your counsel's contact information (name, address, telephone and fax numbers, e-mail address, and for counsel receiving a fee or receiving other consideration, their membership identification number and the name of the organization they belong to). You must notify the Immigration Appeal Division, in writing and without delay, if the contact information for you or your counsel changes.

IAD Registry Offices

IF YOU RESIDE IN: Quebec, New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland and Labrador, Ottawa

IAD Registry Office - Montréal

Immigration and Refugee Board of Canada
Immigration Appeal Division
Guy-Favreau Complex
200 René Lévesque Blvd. West
Montréal, Québec
H2Z 1X4

Telephone: (514) 283-7733
Fax: (514) 283-0164



IF YOU RESIDE IN: Ontario (except Ottawa)

IAD Registry Office - Toronto

Immigration and Refugee Board of Canada
Immigration Appeal Division
74 Victoria Street
Toronto, Ontario
M5C 3C7

Telephone: (416) 954-1000
Fax: (416) 954-1165



IF YOU RESIDE IN: British Columbia, Alberta, Manitoba, Saskatchewan, Yukon, Nunavut, Northwest Territories

IAD Registry Office - Vancouver

Immigration and Refugee Board of Canada
Immigration Appeal Division
300 West Georgia Street, 16th Floor
Vancouver, British Columbia
V6B 6C9

Telephone: (604) 666-5946 or 1-866-787-7472 FREE
Fax: (604) 666-3043

 

[Mrs.S]

Appeal Form:
http://www.irb-cisr.gc.ca/Eng/res/form/Documents/IadSai428_e.pdf

 

[hoaphuong2013]

Thanks mrs S and wintersnow, I appreciate the responses. I still have not received my refusal letter yet, my VO is in singspore. I know 5 people having the interview the same week as me and it's strange enough that all 5 got decision made after the interview and prior to remed. But another set of people went for their interview this week and i heard they all seem having positive result. I have a feeling they put people with more red flags in one basket, and schedule them at the same time and they already have in their mind to refuse these people regardless of their answers and evidences.... it's just my thoughts, anyone has the same feeling ?

 

[wintersnow]

Thanks mrs S and wintersnow, I appreciate the responses. I still have not received my refusal letter yet, my VO is in singspore. I know 5 people having the interview the same week as me and it's strange enough that all 5 got decision made after the interview and prior to remed. But another set of people went for their interview this week and i heard they all seem having positive result. I have a feeling they put people with more red flags in one basket, and schedule them at the same time and they already have in their mind to refuse these people regardless of their answers and evidences.... it's just my thoughts, anyone has the same feeling ?

I don't think so. My wife's friend had her interview the same day as us in the same visa office. She had very similar circumstances but she went through no problem. It really just depends on which VO you get. Once you get the blue book notes you will see immediately the VO has already made up his mind months before the interview. It's in the tone of his notes.

 

[MaryL]

So, I signed appeal papers Monday. My lawyer felt that ADR has little success. The full hearing is better. There's times I trust his guidance and other times I doubt it.
I talked about the interview not going well. He asked if we had read his notes. Well yeah, but knew since last year what VO would ask. Anyhow he said he has 6 appeals and Vancouver told him 2 should be heard this year. Also, a member travels from Vancouver to my city two to three times a year. At least I don't have to travel and can have more witnesses... 8 think there should be more staff.

 

[gnp2012]

hi dear

my husband got re-medical request on Monday May 03 and all the forms and police clearance was sent them back on Monday May 11 -but I am just wondering they ask to submit all this to ottawa office, you have any idea how long it might takes after that.


please reply if anyone has any idea.
thanks

 

[AnnieDonald]

I don't think so. My wife's friend had her interview the same day as us in the same visa office. She had very similar circumstances but she went through no problem. It really just depends on which VO you get. Once you get the blue book notes you will see immediately the VO has already made up his mind months before the interview. It's in the tone of his notes.

Hi Wintersnow, GREAT to hear you are getting an ADR, congraulations. My appeal is also in Vancouver, and got the phone call said our hearing will be in Auguest or September, we also got the letter stated we will get ADR, it was sent on 9/6, and arrived on 16/6, just hasn't scheduled a date yet, so we are still waiting. While my husband checking our blue booklet, he noticed that we were refused already before the interview, refusal ground 1 was my education was 0, refusal ground 2 was my language was 0, and refusal ground 3 was my work experience was 0, in fact, i have university degree, can speak English well, and have been working all the time, totally 6 yrs. My question is after your/your lawer reading of your blue booklet, did you find something similar like this ? And could you please tell me have your sent your new evidence already to the IAD ? What kind of evidence are you preparing, since I am just about to start preparing mine and feel not much clue. Thank you very much for your time, best wishes for you.

 

[wintersnow]

Hi Wintersnow, GREAT to hear you are getting an ADR, congraulations. My appeal is also in Vancouver, and got the phone call said our hearing will be in Auguest or September, we also got the letter stated we will get ADR, it was sent on 9/6, and arrived on 16/6, just hasn't scheduled a date yet, so we are still waiting. While my husband checking our blue booklet, he noticed that we were refused already before the interview, refusal ground 1 was my education was 0, refusal ground 2 was my language was 0, and refusal ground 3 was my work experience was 0, in fact, i have university degree, can speak English well, and have been working all the time, totally 6 yrs. My question is after your/your lawer reading of your blue booklet, did you find something similar like this ? And could you please tell me have your sent your new evidence already to the IAD ? What kind of evidence are you preparing, since I am just about to start preparing mine and feel not much clue. Thank you very much for your time, best wishes for you.

Congrats to you too!

No ... we were refused because he thought our relationship was not genuine. I don't think he can't refuse you because you can't speak English (even though you can). I don't think he can refuse you for any of the reasons you mentioned. Look back at your refusal letter it will state the reason for the refusal.

Basically, my lawyer prepared a cover letter outlining a brief history of our relationship and covered a few issues she thought might be contested later. She wanted to make sure that if our appeal is successful that any possible future questions have been addressed so the application will flow more smoothly after the ADR.

She then went into specifics of the interview and challenged the VOs interview tactics and the conclusions he arrived at. She made sure to point out very specific insulting behavior the VO directed at my wife.

We sent an enormous amount of information to support our case. It took my lawyer about 2 months to assemble it so we sent it in on May 19th. There were 1500 pages of chat and I gave her hundreds of photos. She was very good and kept only a few photos. She also reviewed the chats looking for anything that might seem odd. The benefit of having a lawyer is having an objective person looking at your case (she thought a lot of our photos looked staged). I also included information proving I am supporting my wife financially and information proving I went to visit her often. The total package must be a foot thick!

So ... you absolutely must provide more information to support your case. And this evidence should be trying to disprove the reason the VO refused you. If you were refused because the VO thought your marriage was not genuine then provide information to prove it is (like continuous contact, etc.). If you were refused because the VO thought you could not speak English then provide evidence that disproves that. Your sole job is to assemble evidence that contradicts the VOs reason for refusal.

 

[wintersnow]

So, I signed appeal papers Monday. My lawyer felt that ADR has little success. The full hearing is better. There's times I trust his guidance and other times I doubt it.
I talked about the interview not going well. He asked if we had read his notes. Well yeah, but knew since last year what VO would ask. Anyhow he said he has 6 appeals and Vancouver told him 2 should be heard this year. Also, a member travels from Vancouver to my city two to three times a year. At least I don't have to travel and can have more witnesses... 8 think there should be more staff.

"My lawyer felt that ADR has little success. The full hearing is better."

I would find another lawyer !! Everyone wants ADR ! It is the fastest and basically if you are given one it means the IAD feels your case against the VO is strong.

Is he charging you more to go to full hearing?

 

[AnnieDonald]

Congrats to you too!

No ... we were refused because he thought our relationship was not genuine. I don't think he can't refuse you because you can't speak English (even though you can). I don't think he can refuse you for any of the reasons you mentioned. Look back at your refusal letter it will state the reason for the refusal.

Basically, my lawyer prepared a cover letter outlining a brief history of our relationship and covered a few issues she thought might be contested later. She wanted to make sure that if our appeal is successful that any possible future questions have been addressed so the application will flow more smoothly after the ADR.

She then went into specifics of the interview and challenged the VOs interview tactics and the conclusions he arrived at. She made sure to point out very specific insulting behavior the VO directed at my wife.

We sent an enormous amount of information to support our case. It took my lawyer about 2 months to assemble it so we sent it in on May 19th. There were 1500 pages of chat and I gave her hundreds of photos. She was very good and kept only a few photos. She also reviewed the chats looking for anything that might seem odd. The benefit of having a lawyer is having an objective person looking at your case (she thought a lot of our photos looked staged). I also included information proving I am supporting my wife financially and information proving I went to visit her often. The total package must be a foot thick!

So ... you absolutely must provide more information to support your case. And this evidence should be trying to disprove the reason the VO refused you. If you were refused because the VO thought your marriage was not genuine then provide information to prove it is (like continuous contact, etc.). If you were refused because the VO thought you could not speak English then provide evidence that disproves that. Your sole job is to assemble evidence that contradicts the VOs reason for refusal.

Dear Wintersnow,

Thank you very much for the input, sorry I forgot to mention that eventually VO said she refused us because not genunine. But strange thing is the interview was in Dec, but in blue booklet, the notes in November, it already showed refused based on the 3 grounds I mentioned. Do you have the silimar odd thing? Thanks again.

 

[wintersnow]

Dear Wintersnow,

Thank you very much for the input, sorry I forgot to mention that eventually VO said she refused us because not genunine. But strange thing is the interview was in Dec, but in blue booklet, the notes in November, it already showed refused based on the 3 grounds I mentioned. Do you have the silimar odd thing? Thanks again.

Those notes in November are probably just preliminary notes. Our VO also had notes about the length of our relationship and other concerns. The reason you were refused was because the VO thought your relationship was not genuine. He would have given reasons in both the letter he sent you and his post-interview notes in the blue book. These are the reasons you must address.

 

[MaryL]

I was contemplating finding a different lawyer, but I need to pay this one for services from October to before this past Monday. He only has a copy of the file. Which I would be receiving back anyways. I don't know if he's aggressive enough. I think I will take a couple weeks to assess and discuss with my husband.
I meant to ask how much for an appeal, simply forgot.