ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[hoaphuong2013]

Re: Application got Rejected

1) the appeal has to be filed in canada by the sponsor.
- you have to wait for the rejection of visa letter to come in the mail from the home country visa office. The appeal must genereally be made within 30 days from the day the decision was made to deny the visa. All the info. Is provided in the rejection letter that your sister will receive by mail.
3) 1st step: file for an appeal; u don't necessarily need a lawyer to file for an appeal(that's if you can handle the paper work)
2nd step: IAD in canada will contact the home country visa office to send back to canada all the proper documents/notes/sponsorship papers of the applicant. IAD will notify the sponsor here of every step being taken. This process of gathering all the information takes 120 days.
- after the 120 days, the IAD in canada will review the information gathered and will decide if the appeal is to be given a; ADR(alternative dispute resolution) or full hearing.
- if an ADR is decided, this date will be scheduled within 3-6 months from the time u receive your blue book. An ADR is usually helping to fast track the processing the entire appeal case.
- if a full hearing is decided, this date will be scheduled about 12-16 months from the time u recived your blue book.
3rd step: additional proofs/evidence can be submitted to further justify the relationship to the IAD just as your ADR/full hearing date is getting closer.
4th step: after winning the case, the file will be processed either in canada(Ottawa) or the home country visa office. Processing time here varies.

Hope this helps.

Hi Ja_007, Habeeb and everyone
I have a couple of questions I hope someone could help me with:
1. I'm currently visitting my spouse and plan to stay with him for 2 months, can I file the appeal from my home country ? Or I have to come back to Canada to file ?
2. The worst scenarios, if I failed both ADR and FULL APPEAL, could I reapply ? I read somewhere they said we have to make up our decision on whether reapply for appeal, as they don't allow us to reapply after failing the appeal.
3. Can I order the GMSC note during this time as I'm anxious to find out the reason of the refusal, waiting for the blue book would take at least another 5 months, I'm thinking if I have the GMSC note, maybe the lawyer and myself can well be prepared in advance.
By the way, I have not received the refusal letter yet, I just checked online and found my application status went to decision made after the interview. I assume it's a bad news as I read from some posts, they said it has to change to in process first.

Thanks so much everyone.

 

[suzanne2014]

Can someone answer my question if I have to appeal I live in Alberta where would I go for an appeal hearing Calgary or Vancouver and how long of a wait is it??

 

[Kistehsia]

Can someone answer my question if I have to appeal I live in Alberta where would I go for an appeal hearing Calgary or Vancouver and how long of a wait is it??

Hi There.... Your appeal or ADR would be in Calgary

 

[Kistehsia]

Can someone answer my question if I have to appeal I live in Alberta where would I go for an appeal hearing Calgary or Vancouver and how long of a wait is it??

As far as how long it will take, that depends on whether or not you are chosen for ADR or Appeal. I received notice of ADR in May set for July 29th and appealed September 2014. From what I have read a full Appeal notice could take 12-18 months.

Stay strong, don't give up!!

 

[wintersnow]

Re: Application got Rejected

Hi Ja_007, Habeeb and everyone
I have a couple of questions I hope someone could help me with:
1. I'm currently visitting my spouse and plan to stay with him for 2 months, can I file the appeal from my home country ? Or I have to come back to Canada to file ?
2. The worst scenarios, if I failed both ADR and FULL APPEAL, could I reapply ? I read somewhere they said we have to make up our decision on whether reapply for appeal, as they don't allow us to reapply after failing the appeal.
3. Can I order the GMSC note during this time as I'm anxious to find out the reason of the refusal, waiting for the blue book would take at least another 5 months, I'm thinking if I have the GMSC note, maybe the lawyer and myself can well be prepared in advance.
By the way, I have not received the refusal letter yet, I just checked online and found my application status went to decision made after the interview. I assume it's a bad news as I read from some posts, they said it has to change to in process first.

Thanks so much everyone.

Hi hoaphuong2013

You can ask for the notes from the Canadian government. I think it costs about $5 and it takes about a month to receive it. Make sure when you ask for the notes you are asking for the file of the person you are sponsoring. You will need this person to provide you with a form indicating it is OK to release this information.

Do a search for Access to Information and Privacy Division on the web.

 

[habeeb]

Re: Application got Rejected

Hi Ja_007, Habeeb and everyone
I have a couple of questions I hope someone could help me with:
1. I'm currently visitting my spouse and plan to stay with him for 2 months, can I file the appeal from my home country ? Or I have to come back to Canada to file ?
2. The worst scenarios, if I failed both ADR and FULL APPEAL, could I reapply ? I read somewhere they said we have to make up our decision on whether reapply for appeal, as they don't allow us to reapply after failing the appeal.
3. Can I order the GMSC note during this time as I'm anxious to find out the reason of the refusal, waiting for the blue book would take at least another 5 months, I'm thinking if I have the GMSC note, maybe the lawyer and myself can well be prepared in advance.
By the way, I have not received the refusal letter yet, I just checked online and found my application status went to decision made after the interview. I assume it's a bad news as I read from some posts, they said it has to change to in process first.

Thanks so much everyone.

Every case is so different. I got my refusal letter by email before they ever changed the eCas status.
Absolutely order your GCMS notes immediately, you don't have to wait once you see Decision Made. It takes a month to get them so I would do it ASAP. You can do it online from wherever you are if you have a credit card, it only costs $5.00. You don't have to have a lawyer to file the appeal. And yes you have 30 days to appeal. It's very easy, they send a form with the refusal letter you just fill it out and mail it in. I think you can file the appeal from anywhere that has mail, but it is doubtful it would arrive in less than 30 days if you mail it from outside of Canada. I'd suggest sending it overnight with Fedex or DHL from where you are. You can change your mind and withdraw the appeal, but if you miss your 30 day deadline you lose your chance to appeal. If you don't get the refusal within a week I would contact the overseas embassy. The only way to appeal is to use that form that comes with the refusal letter.
You can be outside of Canada while going thru appeal, I don't believe there is a time limit as to how long you can be away, but you must be in Canada in person to attend the scheduling conference (where you are given the date for your hearing), and you must be here for the hearing or ADR.
As far as losing appeal and ADR and then reapplying, that becomes tricky. If the court decides your spouse was not genuine at the time you entered into the marriage then you cannot apply again as the matter is decided once and for all time. If the court dismisses your appeal on other grounds, then you could apply again. Your best bet is to find a lawyer and get an opinion on your case. I would start with the ones who give free consultations. Rotenberg is one of the best immigration lawyers in Canada but he charges a lot for a consultation. Try emailing the others and ask if they will do consultation for free. Take in your refusal letter once you get it and get a few opinions. They will be honest with you about what your chances are. You have lots of time to decide all this once your appeal is filed, if you live near Toronto you're looking at a 2 year wait to get a hearing so file your appeal, enjoy your time with your spouse and when you come back you can start your search.

 

[habeeb]

Hi There.... Your appeal or ADR would be in Calgary

I'm not quite sure Suzanne, I don't believe there is an IAD tribunal court in Calgary. I think the only ones are in Montreal, Toronto, Ottawa and Vancouver.

 

[hoaphuong2013]

Re: Application got Rejected

Every case is so different. I got my refusal letter by email before they ever changed the eCas status.
Absolutely order your GCMS notes immediately, you don't have to wait once you see Decision Made. It takes a month to get them so I would do it ASAP. You can do it online from wherever you are if you have a credit card, it only costs $5.00. You don't have to have a lawyer to file the appeal. And yes you have 30 days to appeal. It's very easy, they send a form with the refusal letter you just fill it out and mail it in. I think you can file the appeal from anywhere that has mail, but it is doubtful it would arrive in less than 30 days if you mail it from outside of Canada. I'd suggest sending it overnight with Fedex or DHL from where you are. You can change your mind and withdraw the appeal, but if you miss your 30 day deadline you lose your chance to appeal. If you don't get the refusal within a week I would contact the overseas embassy. The only way to appeal is to use that form that comes with the refusal letter.
You can be outside of Canada while going thru appeal, I don't believe there is a time limit as to how long you can be away, but you must be in Canada in person to attend the scheduling conference (where you are given the date for your hearing), and you must be here for the hearing or ADR.
As far as losing appeal and ADR and then reapplying, that becomes tricky. If the court decides your spouse was not genuine at the time you entered into the marriage then you cannot apply again as the matter is decided once and for all time. If the court dismisses your appeal on other grounds, then you could apply again. Your best bet is to find a lawyer and get an opinion on your case. I would start with the ones who give free consultations. Rotenberg is one of the best immigration lawyers in Canada but he charges a lot for a consultation. Try emailing the others and ask if they will do consultation for free. Take in your refusal letter once you get it and get a few opinions. They will be honest with you about what your chances are. You have lots of time to decide all this once your appeal is filed, if you live near Toronto you're looking at a 2 year wait to get a hearing so file your appeal, enjoy your time with your spouse and when you come back you can start your search.

As always, Thanks so much for your time in helping others and myself. I'm thankful joining this forum reading all the great advices, I feel much better and get a very clear direction on what I need to do. I just download the appeal form online to check it out, there is a section about counsel information ? If I don't have the lawyer yet, does it mean I can leave it blank ? I will definitely need and will have the lawyer. I just want to spend time on researching them first. Can I provide the lawyer info later in the process ? Or they would consider as I opt out the lawyer part and won't allow me to have one later on ?

 

[Kistehsia]

I'm not quite sure Suzanne, I don't believe there is an IAD tribunal court in Calgary. I think the only ones are in Montreal, Toronto, Ottawa and Vancouver.

Yes there is tribunal court in Calgary... My ADR is set for July 29th in Calgary N.E ... Documents to be sent to appeal board in Vancouver and a copy to CBSA in Calgary.

Wishing everyone speedy reunion with loved ones.

 

[ASyed]

Hi,

Some assistance required my husband just had his interview. The LVO states she not satisfied with our case even tough we have a almost 3 year old daughter. I'm so broken after waiting almost 3 years for this case and going back and forth so our princess would now her father. Heartless immigration officer wants to refuse us Canadian visa. My daughter and I are both Canadian by birth. Where do go for an appeal? I live in Toronto Ontario.

Please help?

ASyed :'(

 

[gsize]

Hi,

Some assistance required my husband just had his interview. The LVO states she not satisfied with our case even tough we have a almost 3 year old daughter. I'm so broken after waiting almost 3 years for this case and going back and forth so our princess would now her father. Heartless immigration officer wants to refuse us Canadian visa. My daughter and I are both Canadian by birth. Where do go for an appeal? I live in Toronto Ontario.

Please help?

ASyed :'(

Sorry you need to deal with this. Unfortunately, having a child means little and sometimes it is a red flag for them. You need to wait until you get the rejection letter. You then have 30 days to file the appeal.

Make sure you keep all phone logs, pics, e-mails etc to show them relationship is ongoing and genuine.

Best to keep busy at this difficult time and most important......NEVER GIVE UP !

 

[Mrs.S]

Hi,

Some assistance required my husband just had his interview. The LVO states she not satisfied with our case even tough we have a almost 3 year old daughter. I'm so broken after waiting almost 3 years for this case and going back and forth so our princess would now her father. Heartless immigration officer wants to refuse us Canadian visa. My daughter and I are both Canadian by birth. Where do go for an appeal? I live in Toronto Ontario.

Please help?

ASyed :'(

The appeal will be held right in Toronto. If you have few issues that can be resolved quickly you will have an ADR, If your case is really complicated they might give you a full hearing.

Did you receive the rejection letter? If not, wait a bit till they send it to you and file the appeal, the letter will state how to do this. After you file the appeal you will have to wait a while for the blue book, that will explain the reason(s) for not issuing his visa.

After you receive the blue book, you can take a lawyer if you want and go through everything together. Gather as much proof of your relationship as possible, this includes pictures of you and your husband, phone records, emails, letters, cards, copy of travel documents to show you visited your spouse etc. when you have all this send it in to where you filed the appeal or if you have a lawyer he/she can do that for you and get a date for the ADR.

Getting a date for ADR can be a long wait, so try and be patient and hopeful and NEVER GIVE UP !!!
This whole process can be overwhelming at times but you have to just concentrate on the love that you and your husband share and never let anything or anyone come in the way of that. You all will be together one day...just takes time....be patient and hang in there.

 

[Mrs.S]

Re: Application got Rejected

As always, Thanks so much for your time in helping others and myself. I'm thankful joining this forum reading all the great advices, I feel much better and get a very clear direction on what I need to do. I just download the appeal form online to check it out, there is a section about counsel information ? If I don't have the lawyer yet, does it mean I can leave it blank ? I will definitely need and will have the lawyer. I just want to spend time on researching them first. Can I provide the lawyer info later in the process ? Or they would consider as I opt out the lawyer part and won't allow me to have one later on ?

Just leave the section about council information blank, when you get a lawyer, your lawyer will inform them that he is representing you. That's what I had done.

 

[loveawaits]

hello will someone please help me I have an adr in august and its in Toronto I want to know what I need to bring and what questions will they ask? my case is not that big of problem just I didn't bring my pregnancy papers and after wedding photos the vo thinks our marriage isn't genuine know I want to be prepared for this adr and also what are the chances plzz help someone :'(

 

[hoaphuong2013]

Re: Application got Rejected

Just leave the section about council information blank, when you get a lawyer, your lawyer will inform them that he is representing you. That's what I had done.

Thank you mrs. S. I have another question, I'm curently outside canada visiting my spouse, im wondering if they will also send the appeal form to My spouse toghether with the refusal ? I read somewhere they said that they only send the appeal form to the sponsor, the PR only receives the refusal letter, not sure if it's truth. Trying to plan ahead in case I have to look for a flight to go back Canada for this letter. Thanks.