application refusal

[Jenny2013]

We just received the refusal for our application stating, that or relationship is not genuine, was entered for the primary purpose of acquiring privileges and we don't meet the criteria for common law (but we had lived together for 1 year, but only decided afterwards to move to canada). Well we are in a relationship for almost 10 years and due to work we first lived in 2 countries in Europe and the last 2 years Europe and Canada. As far as I can get it it's not enough to have lived together- we had an appartment in his parent's house and so no further proof like bills. I have the impression they didn't take into account all the other stuff like photos, telephone bills and so on.

Should we appeal? Or send a new application with more information?

Can I still visit him now with a traveller visa or will I be refused even for that? What if I apply for a work visa?

We also wanted to get married next year in canada but everything we will do is suspicious now even if it's genuine for us...I mean they won't recognize our wedding. Or should we get married in my home country? and then apply again?

It's so confusing and everything we worked for in the last years is kind of useless now.

Does anyone know anything?

 

[canadianwoman]

You could appeal. Try to get more proof you were living together: you can get affidavits from your family and friends, religious leaders (if relevant to you), your doctors (if they knew you were living together), etc. that state they know you are a genuine couple and that they know you have been living together for ... years.
You would probably be allowed back into Canada to visit; you might be able to get a work visa.
If you get married, try to have a big wedding with both families present. This is not usually necessary, but won't hurt and in a case like yours where you've already been refused, it may help.
I don't think it will look suspicious, especially if you do not get married right after the refusal.

 

[Habibti]

Very sorry about your ordeal. You might join this thread and find valuable information:

http://www.canadavisa.com/canada-immigration-discussion-board/updated-topics/-t87619.0.html;msg1926712;topicseen#new

 

[fall247]

Did an interview take place? You would probably benefit from a consultation with an immigration lawyer to see if an appeal would be worthwhile and what alternative options are.

 

[Jenny2013]

Did an interview take place? You would probably benefit from a consultation with an immigration lawyer to see if an appeal would be worthwhile and what alternative options are.

No, no interview...quite upsetting that someones judges your relationship in that way...so far only I received the refusal letter...we are still waiting for the other one before going to a lawyer.

 

[Jenny2013]

Very sorry about your ordeal. You might join this thread and find valuable information:



I will have a look on it, THX

 

[Jenny2013]

You could appeal. Try to get more proof you were living together: you can get affidavits from your family and friends, religious leaders (if relevant to you), your doctors (if they knew you were living together), etc. that state they know you are a genuine couple and that they know you have been living together for ... years.
You would probably be allowed back into Canada to visit; you might be able to get a work visa.
If you get married, try to have a big wedding with both families present. This is not usually necessary, but won't hurt and in a case like yours where you've already been refused, it may help.
I don't think it will look suspicious, especially if you do not get married right after the refusal.

we still need to figure out so many things now- thx for the reply- weird situation if you know that your relationship is true...

 

[canadianwoman]

It's strange you didn't get an interview. Ordinarily, if the visa officer has doubts about the genuineness of the relationship, he/she will call an interview. I'd go to an immigration lawyer and see if the lawyer thinks the visa officer did something wrong (they have a duty to be fair, which includes giving the applicant a chance to respond to concerns). That might be one basis for an appeal.

 

[AnaMaria]

Very sorry to hear that.

I might be missing something here but did you provide enough proof that you lived with your spouse for 1 year? You said no bills as proof. Maybe that's why the officers were not convinced that you are qualified as common-law? I suggest you also order CAIPS.

From your note, I think you are from visa required country. If so, it is likely that your visitor visa application is refused, but you can certainly try with solid evidence to your home country (or where you live) that you will leave Canada. If you are qualified for work permit and you have all the documents (like LMO) from an employer, that is probably better chance. But finding such a job offer may be hard.

 

[fandv]

Do husbands and wives have to prove that they lived together (as a MARRIED couple) too...?? :-\

I'm a Canadian who's about to sponsor my Indonesian wife. Currently I'm still in Indonesia, in the process fo completing the sponsorship application together with her. I am scheduled to go back to Canada at the end of January 2013. When I am back to Canada, I will have lived with her as husband and wife in Indonesia for about 3 months.

We do have bills, but I feel they're kind of useless to be used as proofs...the thing is, we are renting the apartment in which we're staying, and the bills say the owner's name, not OUR names.....I mean, it makes sense right....why would the landlord call the utility companies just to change the billing name to the tenant's name.....

 

[Jenny2013]

Very sorry to hear that.

I might be missing something here but did you provide enough proof that you lived with your spouse for 1 year? You said no bills as proof. Maybe that's why the officers were not convinced that you are qualified as common-law? I suggest you also order CAIPS.

From your note, I think you are from visa required country. If so, it is likely that your visitor visa application is refused, but you can certainly try with solid evidence to your home country (or where you live) that you will leave Canada. If you are qualified for work permit and you have all the documents (like LMO) from an employer, that is probably better chance. But finding such a job offer may be hard.

We provided a proof of residency for the same address and we lived together there but it was the house of his family so we did not have to register for anything. Initially we did not even think about to move to canada in the end it was a decision before I had to go back to my home country cos I found no job in that year...I'm not from a country where I have to ask a visa in advance. I can go there and get it directly at the border- but I'm not sure if they now deny my entry....

 

[Jenny2013]

It's strange you didn't get an interview. Ordinarily, if the visa officer has doubts about the genuineness of the relationship, he/she will call an interview. I'd go to an immigration lawyer and see if the lawyer thinks the visa officer did something wrong (they have a duty to be fair, which includes giving the applicant a chance to respond to concerns). That might be one basis for an appeal.

Not having even had the possibility of an interview concerns me of how they consider our case in fact...

 

[blueboom]

Do husbands and wives have to prove that they lived together (as a MARRIED couple) too...?? :-\

I'm a Canadian who's about to sponsor my Indonesian wife. Currently I'm still in Indonesia, in the process fo completing the sponsorship application together with her. I am scheduled to go back to Canada at the end of January 2013. When I am back to Canada, I will have lived with her as husband and wife in Indonesia for about 3 months.

We do have bills, but I feel they're kind of useless to be used as proofs...the thing is, we are renting the apartment in which we're staying, and the bills say the owner's name, not OUR names.....I mean, it makes sense right....why would the landlord call the utility companies just to change the billing name to the tenant's name.....

No, you do not need to prove you lived together, but you need to prove to a visa officer that you have a continuing genuine relationship with your spouse. There is an extra onus on common-law couples, as in the case of the first poster, to prove they lived together and therefore qualify as common-law.