ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[ali_mohammadd]

My adr hearing was September 22 received a letter after a month that the appeal is allowed then got an email in november from cpc ottawa for additional forms including medical and police clearance. Yesterday updated ecas medical results have been received in third line. Now earlier today they updated ecas again and in a another line it says somthing like this we have made a correspondence decision on sponsorship application on this date and the date is from 2 years ago when they first received the application. It is all just so confusing no clue what is going on and how the hell they process the file after the appeal. Any one who got any experience and dealt with this process. Reply back ......

 

[tony000]

Dear Group Member I have One Question, In the Bluebook, in Interview transcript, I found One thing that I believe I did not say during the interview. What should I do about it? Any Idea? Any Advice?

P.S: We have lawyer We have asked the same thing from Her but said She is working on the Bluebook and needs some time.

 

[saniali]

Hi my appeal was on August 16 but I got decision on October 26 it says allowed but I didn't recieve anything after dat.

Hey no update from my side too. I gt decision the same day still waiting

 

[jaycee4sweet]

Hey no update from my side too. I gt decision the same day still waiting

hello saniali tell your husband to contact mp and ask mp to follow up with them as mp ll get a quick response. I m also waiting till January first week if didn't get anything m going to follow up with them.

 

[wait_so_long]

Dear Group Member I have One Question, In the Bluebook, in Interview transcript, I found One thing that I believe I did not say during the interview. What should I do about it? Any Idea? Any Advice?

P.S: We have lawyer We have asked the same thing from Her but said She is working on the Bluebook and needs some time.

The interview is a very stressful situation, and the Visa Officers are sometimes very intimidating. After the interview, my wife was emotionally drained, and remembered little of the details of the interrogation, er, I mean interview. When we received the bluebook, there were several damning things in the transcripts that she did not remember saying. Sometimes the interpretter makes mistakes as well.

I don't know if the interviews are recorded, so that they can go back to them to write the transcript notes, but I don't think they would purposely make things up. But things can easily be taken in the wrong context or misinterpretted, and that could be in your hearing or understanding of the question, or the VO hearing or understanding of your answer.

Is it possible that it was something that you had said that was either taken out of context, or mis-interpreted? Read the question from the VO and think about how you may have misheard or answered it at that time, and how that could somehow be twisted around to become what is on the transcript.

Your lawyer might be right in that she needs time to review the bluebook, to assess how important that one statement is in the overall scheme of things, and then work any corrections, denials, or counterclaims into your arguements for the ADR (hopefully) or hearing. If it is important enough, she may decide to send a statement to the IRB and CBSA at the outset specifically to clear the record, so it doesn't taint their assessment of your appeal record. If this is the case, it might be better to get this in early, as that one statement might stick in their mind, and colour how they perceive the rest of your interview, and your evidence.

Do the refusal reasons and the notes indicate that this one statement made a big difference in their decision to refuse your application? Was it the reason it took so long for them to make a decision after the interview? Or is just a minor inconsequential thing that is bothering you, just because?

 

[libinvarghese1589]

Ineligible to immigrate spouse:
As you can imagine, it was extremely heart wrenching when I read that I was ineligible to sponsor my wife over to Canada on the grounds that I did not declare my marriage at the time of landing when I obtained my own Permanent Residence.
To give you a background, I initially came to Canada on a student visa in Nov 2012. I visited India after 3 years and married my girlfriend for 7 years in January 2016. I had applied for my own PR in August 2015 and received it in March 2016. I do not know what I was thinking, for not declaring my marriage at that time (maybe I was in a rush to get my own PR because my work permit was due to expire June 2016). Shortly after arriving back to Canada I began to work on my wife's PR and the application was accepted at CIC on 21 November, 2016. On 8 December I receive a letter from IRCC that I was ineligible to sponsor my spouse.
I have been alone and by myself all these years in Canada, no family or close kin. This was my only hope and everything seems foggy now. I am a Registered Nurse in Canada and have worked very hard and made many sacrifices to reach up here. My wife is a Registered nurse as well and thus her contribution to the Canadian workforce and economy would also be valuable if she immigrated.
I am at a conjuncture where I am forced to leave a country that I have worked so hard to immigrate to or have her apply for PR under FSW category (which I hardly reckon she would qualify because the last I checked her CRS score was only 368 and the minimum draw so far has not been less than ~460 in 2 years since inception)
I am hoping to seek some advice or successful testimonies of folks who have been through this path.

This is what I received from IRCC:
We have reviewed your application and regret to advise that you are not an eligible sponsor for the following reasons:
- You have not submitted an application for a member of the family class. You did not declare the applicant to Immigration, Refugees and Citizenship Canada on your own Application for Permanent Residence or at the time you became permanent resident of Canada. As such, you do not meet regulation 117(9)(d). Please refer to the Immigration and Refugee Protection Regulations listed below for details.
- Given this ineligibility issue, we have not reviewed any other sponsorship criteria at this time. In the event the visa officer considers processing the application for permanent residence, he/she will notify this office and a full review of all sponsorship eligibility requirements will be done. You may be contacted for additional information should that occur.

 

[zardoz]

Ineligible to immigrate spouse:
As you can imagine, it was extremely heart wrenching when I read that I was ineligible to sponsor my wife over to Canada on the grounds that I did not declare my marriage at the time of landing when I obtained my own Permanent Residence.
To give you a background, I initially came to Canada on a student visa in Nov 2012. I visited India after 3 years and married my girlfriend for 7 years in January 2016. I had applied for my own PR in August 2015 and received it in March 2016. I do not know what I was thinking, for not declaring my marriage at that time (maybe I was in a rush to get my own PR because my work permit was due to expire June 2016). Shortly after arriving back to Canada I began to work on my wife's PR and the application was accepted at CIC on 21 November, 2016. On 8 December I receive a letter from IRCC that I was ineligible to sponsor my spouse.
I have been alone and by myself all these years in Canada, no family or close kin. This was my only hope and everything seems foggy now. I am a Registered Nurse in Canada and have worked very hard and made many sacrifices to reach up here. My wife is a Registered nurse as well and thus her contribution to the Canadian workforce and economy would also be valuable if she immigrated.
I am at a conjuncture where I am forced to leave a country that I have worked so hard to immigrate to or have her apply for PR under FSW category (which I hardly reckon she would qualify because the last I checked her CRS score was only 368 and the minimum draw so far has not been less than ~460 in 2 years since inception)
I am hoping to seek some advice or successful testimonies of folks who have been through this path.

This is what I received from IRCC:
We have reviewed your application and regret to advise that you are not an eligible sponsor for the following reasons:
- You have not submitted an application for a member of the family class. You did not declare the applicant to Immigration, Refugees and Citizenship Canada on your own Application for Permanent Residence or at the time you became permanent resident of Canada. As such, you do not meet regulation 117(9)(d). Please refer to the Immigration and Refugee Protection Regulations listed below for details.
- Given this ineligibility issue, we have not reviewed any other sponsorship criteria at this time. In the event the visa officer considers processing the application for permanent residence, he/she will notify this office and a full review of all sponsorship eligibility requirements will be done. You may be contacted for additional information should that occur.

There is very little that can be done at this point. 117(9)(d) is very strict and almost certainly would be upheld if you tried to appeal to the federal court. What has been suggested in cases like this is that the sponsor renounce their own PR status and that they reapply for PR from the beginning again as a married couple. This removes the Family Class Sponsorship from the equation and doesn't invoke 117(9) (d).

 

[jaycee4sweet]

Hey guys I got an email for medical pcc new application updated forms and passport bio metric page with in 60 days but medical in 30 days. So m so happy and relieved dat it's moving now at least. I ll keep updating and Gud luck everyone.

 

[Haussem Hoo]

hii guys....my full hearing is next month and our case is conjugal partner .....they refuse me cause my wife is older than me...any advices gyus if some one have the same sitation of applying as conjugal partner?????????

 

[saniali]

Hey guys I got an email for medical pcc new application updated forms and passport bio metric page with in 60 days but medical in 30 days. So m so happy and relieved dat it's moving now at least. I ll keep updating and Gud luck everyone.

Congratulations I hope I gt it soon. Who get d email applicant or sponsor

 

[Tina dhaliwal]

Hello Every one...i need the help of the senior members please. We won our appeal on Dec 14th 2016. Now what will be the next step. I had a lawyer. He said if i want further paper work to be done with him i can make an appointment with him . I am sure he is going to charge me heavy fee for the further paper work as well ..i am already in very tight financial condition. So if some one can guide me please for the further process and if me and my husband can do that without the help of the lawyer that will be really appreciable. Please do reply senior members.

 

[jaycee4sweet]

Congratulations I hope I gt it soon. Who get d email applicant or sponsor

Hi thanku so much saniali for ur ur wishes. Usually applicant get the email but if u hv a lawyer then he is gonna get it. And dnt wry u ll hear from them very soon. Gud luck.

 

[PC0827]

Hello Every one...i need the help of the senior members please. We won our appeal on Dec 14th 2016. Now what will be the next step. I had a lawyer. He said if i want further paper work to be done with him i can make an appointment with him . I am sure he is going to charge me heavy fee for the further paper work as well ..i am already in very tight financial condition. So if some one can guide me please for the further process and if me and my husband can do that without the help of the lawyer that will be really appreciable. Please do reply senior members.

You can do the next process on your own. After I won my appeal back in June/2016. I hired my lawyer again to fill out my updated forms. I paid them $3000 just to fill out simple forms that I could have done myself. I hired them at the time thinking I couldn't take any chances now since I've been waiting since August/2012 to reunite with my husband in Canada. I also thought at the time having a lawyer represent my husband and I would make things a bit faster. But it didn't and we are still waiting for a passport request. It's very fusrating because everything was moving fast once we won our appeal, as in getting the medical and police clearance request within a few weeks after winning our appeal. But now it seems as things have slowed down again. So I would suggest the next step do it on your own if u feel confident and comfortable. Save yourself some money.

 

[NKT0817]

Hi everyone. Sorry to keep asking questions I just have a lot on my mind.
1) How common is it that the judge does not give an answer on the day of full hearing and you still win appeal?
2 ) What is the likelihood of the judge being on my side and allowing appeal if minister council said she does not believe it's genuine.? Minister council said this on full hearing day.
3) If the judge was on minister council side in not allowing appeal would she have most likely agreed and said no that day?
4) My lawyer submitted case laws at the end of the hearing of similar cases to mine that were won. Should this help?
I have been to visit my husband 5 times in 3 years should that not be enough to prove our love...?Like really!! I appreciate everyone and their feed back. Thanks so much. God bless .

 

[wait_so_long]

You can do the next process on your own. After I won my appeal back in June/2016. I hired my lawyer again to fill out my updated forms. I paid them $3000 just to fill out simple forms that I could have done myself. I hired them at the time thinking I couldn't take any chances now since I've been waiting since August/2012 to reunite with my husband in Canada. I also thought at the time having a lawyer represent my husband and I would make things a bit faster. But it didn't and we are still waiting for a passport request. It's very fusrating because everything was moving fast once we won our appeal, as in getting the medical and police clearance request within a few weeks after winning our appeal. But now it seems as things have slowed down again. So I would suggest the next step do it on your own if u feel confident and comfortable. Save yourself some money.

Thank you for sharing your experience. Once the appeal has been allowed, all the heavy lifting is done. Whatever comes next, you can do by yourself. From others in this forum who have won their appeals, it just re-doing a few forms, which can largely be copied off your bluebook and updated as necessary, and then re-doing your medicals and police checks, which your lawyer can't really help with, and then waiting for the passport request. And waiting. And more waiting. I read one poster that warned that post-appeal, it could be a wait of 9 months. A few have waited longer than that.

Some people also mention something about the visa office doing a background check, which might be different than the police check.

And if things get bogged down, then contacting the visa office or going through your MP, both of which can be done without the assistance of a lawyer.

Really, after the appeal the only thing you'd need a lawyer for is to pursue a judicial review if you lost the appeal, and there are sufficient grounds to demand a judicial review. It'd probably be easier, and faster, to abandon your appeal and re-apply. They are supposedly halving the time it takes to process a family sponsorship application.