ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[Jenny2013]

When do the 30 days for the notice of appeal start? I'm the applicant and received the refusal letter, but my partner did not yet receive his one and only he could send the appeal. For me it would make sense that the 30 days start when he received the letter (but there is not much here making sense reading this topic ).

I was also wondering if one initially only sends the notice of appeal or if you have to provide immediatly new proofs. We want to ask the CAIPS but it takes like 4-6 weeks to get them and to find out why we were refused. I mean how send more supporting data if you don't know what else they want...

 

[garyka]

30 days start from when you receive the letter. Same thing happened with me but other way. I got letter as a sponsor but my wife did not nor did they include appeal form. I really panicked as CIC knows nothing of appeal forms. Luckily i found that on IRD website, the VO really tried to wipe us. good luck

 

[gsize]

When do the 30 days for the notice of appeal start? I'm the applicant and received the refusal letter, but my partner did not yet receive his one and only he could send the appeal. For me it would make sense that the 30 days start when he received the letter (but there is not much here making sense reading this topic ).

I was also wondering if one initially only sends the notice of appeal or if you have to provide immediatly new proofs. We want to ask the CAIPS but it takes like 4-6 weeks to get them and to find out why we were refused. I mean how send more supporting data if you don't know what else they want...

I highly recomend you file the Appeal as soon as possible.

 

[Jenny2013]

30 days start from when you receive the letter. Same thing happened with me but other way. I got letter as a sponsor but my wife did not nor did they include appeal form. I really panicked as CIC knows nothing of appeal forms. Luckily i found that on IRD website, the VO really tried to wipe us. good luck

I was just wondering because in my letter is written they send a letter to my "sponsor" telling him about the appeal provisions- so for me 30 days would start when he gets the letter. Can we withdrawn an appeal when we discover it doesn't make sense (for example after receiving the CAIPS)? It all takes such a long time to get information. I mean we didn't even have an interview and were refused directly that's why I'm quite concerned about our possibilities. He can sponsor me but for them we don't meet the criteria for common law.

 

[garyka]

No, still it makes sense to get those dumb notes, for whatever you want to do. You can just fax refusal letter as well as appeal form ASAP to your spouse

 

[frozensealion]

In need of desperate help help - I received a concerns letter

goes like this: - what are they expectin me to do---

I have reviewed your application for a permanent resident visa as a member of the family class. I have concerns that you do not meet the requirements for immigration to Canada.

Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.

Paragraph 117(9)(d) of the Immigration and Refugee Protection Regulations states that no foreign national may be considered a member of the family class by virtue of their relationship to a sponsor if the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member or a former spouse or former common-law partner of the sponsor and was not examined.

Based on the information you submitted with your current application, it appears that you and your sponsor have been cohabiting in a conjugal relationship since at least 2007. You appear to have been cohabiting in the USA for 3 years , and I have information that you have continued cohabiting in Canada since 2011.

Your sponsor became a permanent resident of Canada on March 26, 2009. At the time, she declared that she had no family members (spouse, common-law partner, or dependent children), whether accompanying or not. Given that it appears you were the common-law partner of your sponsor at the time she became a permanent resident, and since your sponsor did not have you examined as part of that application, you would therefore be excluded from applying for immigration in the family class.

Subsection 11(1) of the Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

The onus is on you to satisfy me that an immigrant visa can be issued to you. I would therefore request that you send any information or documents which you consider might respond to this concern within sixty (60) days. I must also advise you that failure to disabuse me of my concern could lead to the refusal of the application. Please quote your complete application number on your correspondence and address your correspondence to CPP-Ottawa at the address indicated below.

 

[cher43]

i received my letter of refusal for my husband today the VO did not sent my notice of appeal form as she said she would only a forum to ask for my money back . thjis is second time she did not enclosed things that was suppose to be sent to me GO FIGURE

 

[cher43]

sorry for the spelling lol

 

[garyka]

I know totally, same thing happened with I even posted earlier, they deliberately do that to harras or let time lapse..really bad

 

[bbccanada]

Hello senior members, my wife had an interview on November 28th in accra Ghana. Normally they issue a visa right after the interview but in my wife's case she was told to go they will mail her. I know this is automatic refusal letter they are going to send for sure therefore i need a little information about how the appeal process begins and how long it will take to have one for someone living in Montreal?

 

[canadianwoman]

Re: In need of desperate help help - I received a concerns letter

Based on the information you submitted with your current application, it appears that you and your sponsor have been cohabiting in a conjugal relationship since at least 2007. You appear to have been cohabiting in the USA for 3 years , and I have information that you have continued cohabiting in Canada since 2011.

Your sponsor became a permanent resident of Canada on March 26, 2009. At the time, she declared that she had no family members (spouse, common-law partner, or dependent children), whether accompanying or not. Given that it appears you were the common-law partner of your sponsor at the time she became a permanent resident, and since your sponsor did not have you examined as part of that application, you would therefore be excluded from applying for immigration in the family class.


The onus is on you to satisfy me that an immigrant visa can be issued to you. I would therefore request that you send any information or documents which you consider might respond to this concern within sixty (60) days. I must also advise you that failure to disabuse me of my concern could lead to the refusal of the application. Please quote your complete application number on your correspondence and address your correspondence to CPP-Ottawa at the address indicated below.

You need to send them proof that you were not common-law partners for one year or more before your partner became a PR. Don't contradict anything you have already written in the application. but maybe you could explain some things to show that you were not actually common-law partners prior to 2009.

 

[canadianwoman]

Hello senior members, my wife had an interview on November 28th in accra Ghana. Normally they issue a visa right after the interview but in my wife's case she was told to go they will mail her. I know this is automatic refusal letter they are going to send for sure therefore i need a little information about how the appeal process begins and how long it will take to have one for someone living in Montreal?

The refusal letter should include info about how to appeal - this would be the refusal letter that the sponsor gets. When you get the letter, you can talk to someone at the Immigration Appeal Board and ask them how to request an ADR, which will be scheduled much more quickly than a full appeal hearing.

 

[bbccanada]

The refusal letter should include info about how to appeal - this would be the refusal letter that the sponsor gets. When you get the letter, you can talk to someone at the Immigration Appeal Board and ask them how to request an ADR, which will be scheduled much more quickly than a full appeal hearing.
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@canadianwoman, thank you for your useful information and i would like to ask you one question since you also dealt with the accra office. Do you think there is hope that this letter could be a positive responds which i doubted? They did returned all our evidance to my wife and kept her original birth certificate, her school document and school pictures? why did they kept those document especially her birth cert? Thanks in advance

 

[gsize]

my two cents........ its best to prepare for the worst and hope for the best. I think there is a good chance still but even if they say no....you can Appeal......eventually, your loved one will be here with you. Its the waiting that is the hardest part. Please let us know and good luck !

 

[bbccanada]

my two cents........ its best to prepare for the worst and hope for the best. I think there is a good chance still but even if they say no....you can Appeal......eventually, your loved one will be here with you. Its the waiting that is the hardest part. Please let us know and good luck !

Thanks gsize, you are right about the waiting and in my case i thought our case would be just straight forward yes and i even started shoping winter cloth for my wife and when she told me they said they will write i broke up in tears. I left work cos i couldn't feel my body was functioning at that moment. My heart goes to everyone going through this hell of waiting. Now instead of booking a flight i have to wait and maybe i have to book a lawyer instead.