We all feel your pain as we are going through it too, There is really nothing we can do at this time. My application has been in process since July 2018, won appeal January 2021, file stuck in Mississauga....sorrry.
ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ
- Thread starter love bird 43
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Ah, now I see.
I think outright refusals on the basis of no intent to return are relatively few - although they can ask for more info. So if you mean that your plan is to move to join your spouse, I think that is a decent approach. If you keep some ties in Canada you should be okay.
I think they would need to issue a PFL if they did wish to refuse on that basis, at which point you could return and advise of change of address. (More typical is they just ask for more info about your plan to return).
But I do not know the technical question of whether they can on appeal disregard. I warn I think this is overthinking - but I did read a case where the sponsor had returned to Canada specifically for the appeal and the IAD didn't accept that evidence; but the other aspects of the case were all rather extreme and the spouse who returned had clearly returned only for the appeal and was sort of living out of a suitcase. And I don't think that case turned on the 'intent to return' part, it was just one aspect, possibly just as H&C [meaning the part where they considered whether H&C outweighed all the other stuff that had been established]. In other words, I don't think they would routinely do this nor have much of a leg to stand on except in quite extreme cases.
I doubt they have plans or contingency plans about your case. It's mostly just a bureaucracy.
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thank you, sound advice as usual. if u ever come across an appeal based on residency, let me know, would be interesting read.
I meant their contingency plan to anybody who decides to join their spouse abroad, thereby making all ircc accusations of non genuine - moot.....so their contingency is to try to get you on the intent to return clause.
I have not decided what to do yet, there are multiple possibilities, we are still waiting official refusal letter.
I understood what you meant.
I know this will be very hard to do or believe at this point, given what's happened, but I think it won't help you to think of IRCC 'trying to get you.' There may be some with fixed ideas about your file - but probably not a plan.
I didnt mean on a personal level, ircc is out to get ALL of us, it is our job to not give them teeth against us, obviouly I failed to do my research before applying and now trying to dig myself out of the hole I dug mself.
Visa Offices does not have compassion when considering outland apps. Just look how many appeals are won....nearly every one on appeal thread have won their case- that tells u something.
I really wish appealed cases could go to Ottawa instead of Mississauga. There are not that many of them. And it could be processed much faster even if recently submitted files would be prioritized. As I’ve seen some 2020-2021 applications that went to Ottawa were processed within 3-4 months. I don’t understand how is that possible that Ottawa works and Mississauga doesn’t if they are in the same province. Hope they won’t extend Stay at Home order after June 4th so Mississauga wouldn’t have any more excuses.
Okay. I just wanted to reassure you that you would still have time to appeal. As of how long it takes...depends on the officer who works on a case. Some people receive theirs on the very next day and some people wait for months. I can’t recall the full story but one person in the Warsaw thread has been waiting like 3 months or so to receive the letter. I got the letter a week after my status on ECAS changed to Decision Made. So my advice would be to order new GCMS notes and wait for the letter.
I think you need to take a break, keep busy doing something that makes you happy. You've asked so many what if questions/situations. No one can predict what's going to happen. You're in an appeal forum and your case hasn't even been decided. You told us if your case is denied you will not appeal and wait like we are doing. So why all the questions. Just wait and see. I cannot answer your question about interview as we never had an interview, we had a full hearing and had to wait up to 6 weeks for decision. Breath!!
We might appeal. I can ask questions, you dont have to answer. If you cant answer dont respond.
I am an active member on this forum and it makes me happy, thank you very much for your concern.
As you wish...I don't have time for childish back and forth non-sense. You missed my point....good luck!