ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[Hope1316]

That's a good sign that you will be given a chance to appeal once the decision has been made. They may even give you a chance to clear up the issue at the interview stage.

Thank you, just so depressed now. We still waiting for aor2. I know it would be refuse for sure for my husband was already not eligible

 

[wait_so_long]

Thank you, just so depressed now. We still waiting for aor2. I know it would be refuse for sure for my husband was already not eligible

Was your husband declared not eligible under the provisions of 117(9)(d)? It sounds pretty serious:

http://www.mccuaig.com/1179d-failure-disclose-family-members-results-future-exclusion-family-class/
http://www.cba.org/cba/cle/pdf/imm13_paper_mccrea.pdf
http://visalawcanada.blogspot.ca/2012/01/failure-to-disclose-spouse-ill-advised.html

Sorry, don't mean to worry you further, or make you more depressed. It does sound like you will have the opportunity to appeal. You should have plenty of time to plan your strategy, and gather whatever evidence is necessary to support your position. Good luck.

 

[saniali]

Need help urgently

I have to send update forms n stuff now I need help in writing affidavit what exactly should be the format

 

[wait_so_long]

Need help urgently

I have to send update forms n stuff now I need help in writing affidavit what exactly should be the format

affidavit for what? you need to be more specific.

http://www.irb-cisr.gc.ca/Eng/res/form/Pages/RadSar0417.aspx
http://www.canadavisa.com/canada-immigration-discussion-board/how-to-make-affidavit-of-support-t57656.0.html
http://toronto-notary-public.com/sample_trans_aff.htm

 

[Hope1316]

I've been following the posts here and hopefully I can a sound advice from everyone. I’m also applying for PR under Family Class, submitted last Nov 2013.

Here's my background: My wife and I were BF-GF since 2009. My wife got her PR in Feb 2012 under the Saskatchewan Immigrant Nomination Program and landed in Canada in Apr 2012. She returned here to the Philippines on July 2013 and we got married Aug 2013 via Roman Catholic wedding. Before she landed in Canada, we were living in the same apartment as "boardmates" with friends but living in separate rooms with no joint financial undertaking, will, bank accounts, credit cards, tenancy contracts, or ANY legal documentation both under our names: from Aug 2010 ‘til Apr 2012. Everything was separate except that we were living in one roof with other people.

Just this April, my wife got a call from CPC-Missassauga and she was sent a letter re: denial for sponsorship. As per that letter from, she was not eligible to become a sponsor because our relationship was "common-law" prior to her landing and I was not declared on her forms when she was applying for PR – this is as per IRPA Regulations 117 (9)(d) daw. She immediately spoke with an immigration lawyer in Canada and she was advised that we'll just proceed with my own application and just have my file forwarded to the Visa Office in Manila. Prior to her getting the denial letter, they faxed a communication to the CPC Officer: a 6-page appeal letter + my wife’s 4-page affidavit describing our living arrangement (with the immigration lawyer's help) to the CPC-Missassauga officer to explain the whole story that our relationship was not common law and possibly ask the officer to reverse her decision, but to no avail. We also did not know that our living set-up from Aug 2010 til April 2012 could already be considered “common-law”, because in some way it is considered taboo in the Philippines. Also, if the onus is reversed, we won’t have enough proof that the living arrangement is “common-law” in its complete aspect.

So apparently, we continued with my application and agreed to just wait till it reaches the embassy in Manila. Now last Sept 8, 2014 I got a letter from the Embassy saying that they got my application and now they are asking for any documentation from my wife if I was declared as a common law partner during her PR application - which obviously we cannot. The response should be received by them in 45 days. So I decided to just write a detailed letter describing our living arrangement from Aug 2010-Apr 2012 (similar to my wife’s previously sent affidavit) with emphasis on why we should NOT be considered as “common-law”. I also gathered affidavits from our boardmates and the landlord confirming the living arrangement we had as “boardmates” only. I also included the comprehensive 10-page fax communication that my wife’s immigration lawyer sent before she got the denial for sponsorship. I decided to do this instead as I have also read a very similar case in one of the forums here, they did the same thing and they were successful with the application later on.

I have sent those letters and affidavits yesterday via courier. Counting 45 days from Sept 8, 2014, the 45th day will be on October 22. As of this time, can’t see anything on my ECAS when using my file number, not even a hint if it is “in-process” or whatnot. Do you think they will render a decision on my application soon before this year ends? Do you think it will be to my favor? I have been feeling very down since last month because of too much worry. We also did not seek help prior to us submitting the application last year thinking this will not be difficult because we were already married and our relationship was genuine.

Any advice you can give to me at this point?


Hi , may i ask hows your application now?

 

[Hope1316]

I've been following the posts here and hopefully I can a sound advice from everyone. I’m also applying for PR under Family Class, submitted last Nov 2013.

Here's my background: My wife and I were BF-GF since 2009. My wife got her PR in Feb 2012 under the Saskatchewan Immigrant Nomination Program and landed in Canada in Apr 2012. She returned here to the Philippines on July 2013 and we got married Aug 2013 via Roman Catholic wedding. Before she landed in Canada, we were living in the same apartment as "boardmates" with friends but living in separate rooms with no joint financial undertaking, will, bank accounts, credit cards, tenancy contracts, or ANY legal documentation both under our names: from Aug 2010 ‘til Apr 2012. Everything was separate except that we were living in one roof with other people.

Just this April, my wife got a call from CPC-Missassauga and she was sent a letter re: denial for sponsorship. As per that letter from, she was not eligible to become a sponsor because our relationship was "common-law" prior to her landing and I was not declared on her forms when she was applying for PR – this is as per IRPA Regulations 117 (9)(d) daw. She immediately spoke with an immigration lawyer in Canada and she was advised that we'll just proceed with my own application and just have my file forwarded to the Visa Office in Manila. Prior to her getting the denial letter, they faxed a communication to the CPC Officer: a 6-page appeal letter + my wife’s 4-page affidavit describing our living arrangement (with the immigration lawyer's help) to the CPC-Missassauga officer to explain the whole story that our relationship was not common law and possibly ask the officer to reverse her decision, but to no avail. We also did not know that our living set-up from Aug 2010 til April 2012 could already be considered “common-law”, because in some way it is considered taboo in the Philippines. Also, if the onus is reversed, we won’t have enough proof that the living arrangement is “common-law” in its complete aspect.

So apparently, we continued with my application and agreed to just wait till it reaches the embassy in Manila. Now last Sept 8, 2014 I got a letter from the Embassy saying that they got my application and now they are asking for any documentation from my wife if I was declared as a common law partner during her PR application - which obviously we cannot. The response should be received by them in 45 days. So I decided to just write a detailed letter describing our living arrangement from Aug 2010-Apr 2012 (similar to my wife’s previously sent affidavit) with emphasis on why we should NOT be considered as “common-law”. I also gathered affidavits from our boardmates and the landlord confirming the living arrangement we had as “boardmates” only. I also included the comprehensive 10-page fax communication that my wife’s immigration lawyer sent before she got the denial for sponsorship. I decided to do this instead as I have also read a very similar case in one of the forums here, they did the same thing and they were successful with the application later on.

I have sent those letters and affidavits yesterday via courier. Counting 45 days from Sept 8, 2014, the 45th day will be on October 22. As of this time, can’t see anything on my ECAS when using my file number, not even a hint if it is “in-process” or whatnot. Do you think they will render a decision on my application soon before this year ends? Do you think it will be to my favor? I have been feeling very down since last month because of too much worry. We also did not seek help prior to us submitting the application last year thinking this will not be difficult because we were already married and our relationship was genuine.

Any advice you can give to me at this point?


Hi , may i ask hows your application now?

 

[Dhaksha]

Hi i sent notice of appeal by September last within 10 days they asked us to submit documents to decide for adr they gave us 30 days time the refusal was for we dint have priest in our wedding thats it so we collected many citations and affidavit notarised and news articles about the law stating marriage widout priest is legal in our country aand submitted to ird and minister councel now we got our adr for march they are asking us to submit the documents before 10 days now my question is we have already submitted docs now what should i send again and how can i ask them to consider ther previous docs also for adr bcoz i submitted original affidavit and notarised citations. We also quit our representative since he dint help us much

 

[SAHIL SINGH]

Hi i sent notice of appeal by September last within 10 days they asked us to submit documents to decide for adr they gave us 30 days time the refusal was for we dint have priest in our wedding thats it so we collected many citations and affidavit notarised and news articles about the law stating marriage widout priest is legal in our country aand submitted to ird and minister councel now we got our adr for march they are asking us to submit the documents before 10 days now my question is we have already submitted docs now what should i send again and how can i ask them to consider ther previous docs also for adr bcoz i submitted original affidavit and notarised citations. We also quit our representative since he dint help us much

Hey congrats for getting an ADR.

About your question I'm going to call you.

 

[saniali]

affidavit for what? you need to be more specific.

http://www.irb-cisr.gc.ca/Eng/res/form/Pages/RadSar0417.aspx
http://www.canadavisa.com/canada-immigration-discussion-board/how-to-make-affidavit-of-support-t57656.0.html
http://toronto-notary-public.com/sample_trans_aff.htm

Sign and sworn affidavit form in which principal applicant have to write details of kids and siblings which I rcvd along with meds PCC and updated forms.

 

[jaycee4sweet]

Hi guys today we send enquiry to Ottawa office about my husband application and that's what we get respond from Ottawa office by email
Dear Sir/Madam,

Your application is in the final stages of review prior to finalization and a decision should be rendered shortly. We do not require any information from you at the present time. An officer will contact you if further information is required.

Regards,
Any idea bout what do they do in the final stages.

 

[NKT0817]

Hi guys today we send enquiry to Ottawa office about my husband application and that's what we get respond from Ottawa office by email
Dear Sir/Madam,

Your application is in the final stages of review prior to finalization and a decision should be rendered shortly. We do not require any information from you at the present time. An officer will contact you if further information is required.

Regards,
Any idea bout what do they do in the final stages.

Hi jaycee4sweet how did you send in enquiry. Was it by mail or email? Can I please have the information on where to enquire? Thanks so much.

 

[jaycee4sweet]

Hi jaycee4sweet how did you send in enquiry. Was it by mail or email? Can I please have the information on where to enquire? Thanks so much.

Hi my husband who is the main applicant sent an email on CPC-CTD-Ottawa <CPC-CTD-Ottawa@cic.gc.ca>
As I can't ask them being as sponsor they dnt give me any info that's y I asked my husband to send an inquiry by email so he did and we recieved answer in few hours.

 

[wait_so_long]

Hi guys today we send enquiry to Ottawa office about my husband application and that's what we get respond from Ottawa office by email
Dear Sir/Madam,

Your application is in the final stages of review prior to finalization and a decision should be rendered shortly. We do not require any information from you at the present time. An officer will contact you if further information is required.

Regards,
Any idea bout what do they do in the final stages.

Sounds like a standard response similar to what others have received, you can't read too much into it. A lot can go on during these final stages before DM:

From what I've seen in this forum, if there is no ruling at the hearing, people generally wait from 60-90 days for a decision. Might be different, depending on the jurisdiction, and the adjudicator. It may also vary from case to case. Your lawyer would have a better idea.

With respect to the background checks:

http://www.canadavisa.com/canada-immigration-discussion-board/background-checks-explained-t39578.0.html
http://www.canadavisa.com/canada-immigration-discussion-board/background-checks-explained-t39578.0.html;msg5046616#msg5046616

 

[wait_so_long]

It's very helpful that you were able to find a case that closely parallels yours. It's a little comforting to know that you are not venturing into uncharted territory. Even if they had a unfavourable outcome, you can learn from it.

I notice that the person is not active on this forum; to reach him you may need to PM him by clicking the INBOX tab at the top of the page, then sending him a message. That will send an alert to his email.

He also mentioned that there was a "very similar case" that was successful. You may have to do some more searching and see if you can find this very similar case. But he does offer some helpful tips on how to start preparing your case, so you can be ready when the opportunity presents itself.

 

[NKT0817]

Hi my husband who is the main applicant sent an email on CPC-CTD-Ottawa <CPC-CTD-Ottawa@cic.gc.ca>
As I can't ask them being as sponsor they dnt give me any info that's y I asked my husband to send an inquiry by email so he did and we recieved answer in few hours.

Thanks so much