Appeal disaster

[locolynn]

Excellent points Robsluv!!

 

[canadianwoman]

Take my own case, for example. I have been in Canada for nearly 10 years - however, I only received my PR status this January (2010) after 5 years of processing. During that time I have made friends, built a home, got a dog, built up my ties with my husbands children.. plus my own son is here... so.... supposing (god forbid) that next year my husband decides he is no longer happy ...

No home... no family... no real friends any longer (10 years is a long time to try and keep up friendships overseas), no money to buy a home, no money to rent a home... be put on social assistance, housed in a B&B... at my age I would have real trouble finding a job in the UK... and my son would also be sent back.

Even in countries that have 'provisional' PR visas, I don't think someone like you would be expected to go home if the marriage broke down. Your ties to Canada are too great, and too long.
I'm thinking more of people who come here, leave their spouse within a month, and quickly try to sponsor their 'former' partner - you see a fair number of cases like that on Canlii. Obviously they were in a marriage of convenience. I think CIC should be doing more about cases like this. Instead, they usually win their case on appeal and are allowed to sponsor their new spouse.

 

[canadianwoman]

I'm wondering about the "Judge" you reference - the way this person acted, you'd think they were the counsel for the Minister, not someone who is supposed to hear both sides of the case and make a fair decision. Was this a full appeal hearing, or an ADR conference - because our ADR hearing went similarly in that Minister's counsel went on a tangent, told our lawyer to "shut up" and did not allow my sponsor/husband (or the lawyer) to present our case. Six weeks later she finally rendered a decision, refusing to "consent", and we waited another 13 months for a full hearing. The panel member who presided over our hearing was careful to be completely impartial and "by the book" - I can't imagine him acting the way you report the "Judge" at your hearing acted. Your lawyer should be filing a formal complaint with the IAD, regardless of the outcome of this ridiculous hearing, but I'm curious why it was allowed to go so far off the rails (although I know that our ADR hearing went completely off the rails, too, so it can happen).

It was a full appeal hearing. My lawyer seemed a little bit cowed by the judge - she was not as aggressive as I expected a lawyer to be, which was really why I hired her - to fight on my behalf.

The problem with going to the media is that I would be so embarrassed to have my story plastered all over the papers. Once my husband gets a PR visa, though, I am going to complain about the visa officer and the appeal. I realize that once it is all over I might be so sick of the whole thing that I will just want to forget about it, of course. It is traumatizing, and I spend all my time worrying about it.

 

[RobsLuv]

Believe me, you're not alone in how you feel. We've been immersed in this for over 3 years and every time I think back on the roller coaster ride we've endured, I feel sick and full of dread. It shouldn't be this difficult to do the right thing. I'm really sick of their attitude that everybody is just trying to get into Canada. I applied for PR because I married a Canadian and it was what his government said I had to do in order to live with him in his country legally. We had no other options because he had custody of his two young children from his previous marriage - with visitation for their mother - and there was no way the Courts were going to allow him to take the kids out of the country. When we went to our full hearing, MC (without even looking at me) actually had the audacity to ask my husband why he didn't just apply to immigrate to the States! It was such a slap and so completely disrespectful of him. He was treated, as a born/bred Canadian, as though he'd committed the unpardonable sin for falling in love with an American. I know Canadians don't much like Americans, but come on. And it was particularly offensive to hubby because he's half American himself - his Dad was dual US/Canadian, born in Canada to American parents.

 

[sbwv09]

It's terrible... and just regular processing through Buffalo has slowed down so much, maybe they are getting more wary of Americans who want to immigrate.

I can only speak for myself, but I would never live here if it wasn't for my husband! Maybe it's the 'big city' thing more than the 'Canada' thing.. but it's grating to constantly be approached with the attitude that I'm somehow 'lucky', that I 'traded up', etc.. and it seems that Immigration will approach me in the same way!!

 

[canadianwoman]

We had no other options because he had custody of his two young children from his previous marriage - with visitation for their mother - and there was no way the Courts were going to allow him to take the kids out of the country. When we went to our full hearing, MC (without even looking at me) actually had the audacity to ask my husband why he didn't just apply to immigrate to the States!

Well, this is typical of Immigration's attitude. They ask questions that they know the answer to - or at least they should. You have a perfectly good reason for your husband wanting to stay in Canada - the children - and yet the gov't is still ready to argue about it.
One thing I have been very surprised to learn from this forum is that Americans often have a hard time immigrating. Before finding this website, I just assumed Americans and others from 'richer' countries would find it easy to immigrate, and yet there are lots of examples on here where that is not the case. I was born and raised in Canada and of course love it, but I would have to assume that the average person from the USA or France or Australia (or any other 'first world' country) is not going to enter into a marriage of convenience just to enter Canada. Well, good luck to both of you. And sbwv09, I hope Toronto grows on you!

 

[canadianwoman]

I got the judge's decision today - she dismissed the appeal. In spite of the fact that my husband and I have known each other since 2001, she feels we don't know enough about each other. Maybe that's true - it's true I didn't ask my husband about his education until we were filling out the sponsorship forms after marriage, but that is just because I knew he wasn't well-educated. She also said that neither one of us seems to have made a long-term commitment to each other. She also said that even though my husband doesn't know anyone in Canada and has no family here. because he can speak English and is a businessman he would be able to settle in Canada without staying with me.

My mom died on Sunday without ever meeting my husband. Two days before she died she kept asking me when he was going to arrive, was he coming the next day, would he be there soon, etc. My husband is more upset about her death than I would have thought, as well. It bothers me too that I never got to meet his parents - his dad died when my husband was just a boy, and his mom died long before we got married.
I am angry and upset about the appeal decision and the whole situation, but I don't really know what to do next.

 

[Lois Lane]

thinking an applicant should not be allowed to sponsor anyone until the time has elapsed for the responsibility of their sponsor

 

[Lois Lane]

I got the judge's decision today - she dismissed the appeal. In spite of the fact that my husband and I have known each other since 2001, she feels we don't know enough about each other. Maybe that's true - it's true I didn't ask my husband about his education until we were filling out the sponsorship forms after marriage, but that is just because I knew he wasn't well-educated. She also said that neither one of us seems to have made a long-term commitment to each other. She also said that even though my husband doesn't know anyone in Canada and has no family here. because he can speak English and is a businessman he would be able to settle in Canada without staying with me.

My mom died on Sunday without ever meeting my husband. Two days before she died she kept asking me when he was going to arrive, was he coming the next day, would he be there soon, etc. My husband is more upset about her death than I would have thought, as well. It bothers me too that I never got to meet his parents - his dad died when my husband was just a boy, and his mom died long before we got married.
I am angry and upset about the appeal decision and the whole situation, but I don't really know what to do next.

firstly I'm really really sorry for the loss of your mom!!!!! and of course for this latest news of today. it is so frustrating , i know it wont make you feel better but each day that passes is bringing you closer to a resolution (HUG)

 

[bobshynoswife]

My sincerest condolences to you. I am literally in tears...I was so hoping for a positive outcome for you, and for this to come only a couple days after the loss of your mother...I am so, so, sorry.

I wish I had some words of comfort....

 

[lynw]

Canadianwoman - so sorry for your loss, and for the bad news on the appeal. So sorry.

 

[JimM]

My condolences

 

[Rob.Barrett]

I got the judge's decision today - she dismissed the appeal. In spite of the fact that my husband and I have known each other since 2001, she feels we don't know enough about each other. Maybe that's true - it's true I didn't ask my husband about his education until we were filling out the sponsorship forms after marriage, but that is just because I knew he wasn't well-educated. She also said that neither one of us seems to have made a long-term commitment to each other. She also said that even though my husband doesn't know anyone in Canada and has no family here. because he can speak English and is a businessman he would be able to settle in Canada without staying with me.

My mom died on Sunday without ever meeting my husband. Two days before she died she kept asking me when he was going to arrive, was he coming the next day, would he be there soon, etc. My husband is more upset about her death than I would have thought, as well. It bothers me too that I never got to meet his parents - his dad died when my husband was just a boy, and his mom died long before we got married.
I am angry and upset about the appeal decision and the whole situation, but I don't really know what to do next.

I'm so sorry to hear that... I think you have at least 100 people here who would happily fight for your case. Is their a chance you can Appeal the Appeal with another judge? Maybe appeal the Accra Embassy?

 

[Mrs. Turan]

I'm so sorry canadianwoman. This is so wrong. I am so sorry for the loss of your Mother. I can't even imagine how devastated you and your husband must feel now. This is so unfair. But now you two need each other even more. Please be strong for each other. I'm sending all my prayers to you and yours.***hugs***

 

[locolynn]

I'm so very sorry for you canadianwoman. My heart goes out to you.

Lynn