You need to ask your MP again.....1.5 years is way overdue
ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ
- Thread starter love bird 43
- Start date
Since it takes more than one year for the file to be open after you won your appeal, I think that seems to be so long, so I want to find out that instead of appealing my case, can I submit a new application ? Because I think that will be little faster compared to appealing my case.
Hi everyone, I want to find out if it's possible to reapply my spousal application after getting denied instead of appeal , since it takes so long for the file to be reopen after you won your appeal to beat all these delays
You can of course. Make sure you address the visa officer's concerns in an impeccable way.
Good luck
You can of course do that.
What's hard for others to comment on - whether it makes sense to do it this way depends on the reason for refusal.
Where it makes most sense is when the refusal is for a factual, hard reason, where either the circumstances have changed or (arguably) where there was a misapprehension or mistake by IRCC.
For example: refusal because did not meet the requirements for common law (eg lived together only 11 months at the time the application was filed or the documentation to show the start of living together was completely lacking), and couple has lived together (since filing) so now common law with 24 mos+. Should be obvious: if IRCC said you hadn't lived together for 12 months and now you absolutely have (with good documentation), that refusal now is unlikely.
Or didn't meet some test for common law but now got married. Or filed as conjugal but since have been married.
Harder cases: where there is doubt about the genuineness of the relationship. Hard for outsiders to say. (Again, for example, having lived together and had children and better evidence overall of relationship may be enough).
Cases where you really need to appeal: charges of misrepresentation, for example. IRCC says the marriage wasn't legal. I'ms ure many other examples.
If in doubt about which is which: you may need to see a lawyer.
Note: just my opinions.
My refusal was based on my interview as it was stated in the letter, my eligibility, everything was intact, I have known my wife since 2016, visited me in Ghana 2018, she came back again 2019 for our wedding and she filed for me in Dec 2019. Have been waiting all this while until they refused me on May 5th 2022. There are a whole lot of prove to show about my relationship, including communication between me and her parents, uncles and most of her family so it was crazy for them.to denied me. Even though we had kinda age gap which I don't know if that w a s themain reason they refused me.but that wasn't stated in the refusal letter. But they stated they Don't think my relationship is genuine.
That's a very hard judgment call to make and you may wish to see a lawyer. And hard to tell from the information above, because some of the most important info - how much time you've spent together - isn't detailed. (I'm not asking you to disclose the detailed info but for example: from your short version above you might have only spent a few weeks together, and possibly very little since 2019.)
My GUESS - not an expert - is that filing again (instead of appealing) would make sense IF and ONLY IF the circumstances have notably changed, and notably changed in ways that can be easily documented.
The simple and most obvious (possibly only) example I can think of is the couple actually living together for extended periods of time (or spending much, much more time together than previous).
And if that's not the case, you and your spouse should discuss what ways you might strengthen the case for the genuine relationship (first and foremsot with time spent together). Such steps would be useful in the case of appeal or a new application anyway.
As an example, this truly might come down to your spouse joining you in Ghana (or somewhere else) and you two residing together for eg six months plus.
I do agree with you but talking about we living together for period of some month's, some people spouses visit one time less than a month and perform marriage rites within the same time and one will file for the other and get approved to be together. In my case, she visited for week's and left to Canada, came back again for our wedding so that speak alot alot about the genuineness of our marriage, I think they were just harsh on me or perhaps, one of the devil's who were sent to break what God has put together. How would my wife bills get paid un Canada if she was supposed to spend 3 -4 months with me in Ghana? Thinking about when we met, 2016 until 2022.. how many years have we spent in all. ? I wanted to appeal but not sure we can afford about 7k - 10k to appeal the case in hiring a lawyer and it will even take about a year or two before our file will be reopen. That's why I want to reapply because I will hear from them quiet earlier than appealing. I don't think the time we've spent together should've been the reason for my denial. I just feel in my spirit that I met one of the devils.
All the cases are different. Its all about how you explained yourself during the interview. If you want to reapply, thats alright but keep in mind, the case might fall on the same officer who previously refused you. For that officer to change its mind, you need concrete support documents. A suggestion if you reapply is to find a regulated consultant in Canada. The consultant will go thru the notes with you and suggest how you can make your file solid. That cost money but not as much as an appeal.
1) Again, the main point I am making is that re-applying instead of appealing in your case will make the most sense if it fits circumstances above, i.e. something has changed that clearly disproves the reason for refusal.
2) The most obvious of which is time together. I don't know much about your relationship or the customs in your country, but it sounds like you've spent less than a month together over several years. That would be hard to be convincing about the genuine relatsionship.
It's up to you how to proceed. Good luck.
(Note cirumcstances can be somewhat different for cultures where arraged marriages are the norm)
Good luck.
I would recommend appeal buddy no matter what I will give you my reasons inbox me
Until the file reopens, it will show the old status. When you will get pre arrival, medicals, your file will be reopened