immappeal1 said:
Hello everyone,
I'd like to know please if I have to have a lawyer in order to appeal or can my Canadian wife represent our case without needing a lawyer since we can't afford one.
Thanks in advance
It really depends on your particular case, and how complex it is. What were the reasons for refusal?
Many people have successfully represented themselves at the appeal hearing. If you are lucky, you might even have the chance to get it resolved at ADR, and it wouldn't even need to go to hearing.
Your wife should be able to spare the time to sit in on a couple of hearings to get a feel for what they are like - sometimes they are over in an hour, sometimes they take the full day. Most immigration lawyers and consultants are also willing to provide a brief consultation for a small fee, usually around $250 or so.
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I went back and took a look at your older posting from earlier this week, and it sounds like your application has yet to be refused, and the Visa Office is asking for additional evidence to support your case, is that right? Has that window of opportunity already passed, or have you thrown in the towel and resigned yourself to the fact that it will be refused, and that you will argue your case in appeal?
It sounds like you had the chance to provide more evidence, and you were at a lost as to what else you could give them, and when someone pointed you to the appeals forum for research and you found it too daunting. If that is true, then maybe it's not such a good idea to represent yourself. By going into appeal, I guess it'll give you another two years or so to put together your case. Try and sit in on a few hearings where the circumstances are similar to yours. See what types of questions they tend to ask; what works, and what doesn't.
Unless you can go back in time, some of things that they take issue with can't be changed. With others, for example the thing with the friends and extended relatives, I suspect they would suspect you of manufacturing evidence to fit the narrative if you produced it all of a sudden. They can't accept the fact that not all relationships fit their model of a genuine marriage.
I wish you and your wife the best of luck, whichever road you decide to take.