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Can I appeal sponsorhip refusal ???? please help

nervousme

Star Member
Jul 30, 2013
94
4
Canada- Alberta
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
01-09-2012
Med's Done....
26-02-2013, Re-done Sept 2014
Interview........
Decision made Mar 09, 2015
I was hoping someone could shed some light on my case.
We received a refusal letter on the 29th of September, due to the fact that the representative (an immigration consultant) that we were using did not submit some documentation after we had signed it not once but twice. We did remove her as our representative before we got the refusal letter but had no idea that this documentation was outstanding. anyhow I have lots of proof to back our end except the receipt that she indeed did send the requested documentation.
I just sent an appeal to Vegreville today and am wondering what will happen next and how long it will take to hear anything back?

The schedule A background check is what was missing. It asks for info about prior work history. We though she sent it twice. We have the copies we signed and they are different looking because the one we signed in December was an older version, the second time we signed I believe is an updates form.

The reason for refusal was not due to our relationship so I am wondering if we have any chances.
I am furious with the Immigration Consultant and cant even begin to describe the nerves I feel. Any help form anyone please!!!
Thank you all so much in advance. This forum really is helpful and a great support for one another. Glad I found it.
This is the first post I am posting and I don't even know if I am doing this correctly.Any assistance is greatly appreciated
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
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Visa Office......
London
App. Filed.......
06/12
Re: Appeal denial due to sponsorhip refusal help please

nervousme said:
This is the first post I am posting and I don't even know if I am doing this correctly.Any assistance is greatly appreciated
Looking at your previous posts, you have posted this 9 times across many threads.

In future, create a new thread for your query, post it only once and have some patience.
 

ramkris

Hero Member
Apr 17, 2010
665
17
Category........
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NEW DELHI
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Pre-Assessed..
App. Filed.......
16-Aug-2013
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Med's Done....
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26-Sep-2013
VISA ISSUED...
19-Apr-2014
LANDED..........
soon
why dont you re apply with all the documents and with out lawyer. Are you applying inland or outland.If you could have started it when you tarted first thread if outland you may be in a situation sponsor approved by this time

ram
 

nervousme

Star Member
Jul 30, 2013
94
4
Canada- Alberta
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
01-09-2012
Med's Done....
26-02-2013, Re-done Sept 2014
Interview........
Decision made Mar 09, 2015
I just figured out how to post a thread so if my post was everywhere I apologize. I was using my phone and couldn't figure out how to post a thread. Now I am on my computer and it is all easier to work. Using threads is new to me so I am still figuring this all out myself.
Patience is a virtue and I wish I had more like so many others on here.

We will re-apply if necessary but its another 19 months of processing and that would mean we would also need to try to apply for another work permit as the one will expire aprox. 18 months from now.
I was hoping someone could guide me a little.
The application is inland.
 

ramkris

Hero Member
Apr 17, 2010
665
17
Category........
Visa Office......
NEW DELHI
Job Offer........
Pre-Assessed..
App. Filed.......
16-Aug-2013
File Transfer...
13-Sep-2013
Med's Done....
1-Aug-2013
Passport Req..
26-Sep-2013
VISA ISSUED...
19-Apr-2014
LANDED..........
soon
Are you pr or under work permit or citizen.
 

scylla

VIP Member
Jun 8, 2010
97,256
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Toronto
Category........
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Buffalo
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Pre-Assessed..
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28-05-2010
AOR Received.
19-08-2010
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28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
nervousme said:
We will re-apply if necessary but its another 19 months of processing and that would mean we would also need to try to apply for another work permit as the one will expire aprox. 18 months from now.
I was hoping someone could guide me a little.
The application is inland.
You should have told us that this was an inland application. No appeals are allowed for inland applications (see the guide below). So your ONLY choice is to reapply.

http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp
 

screech339

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Apr 2, 2013
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17-06-2013
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17-06-2013
scylla said:
You should have told us that this was an inland application. No appeals are allowed for inland applications (see the guide below). So your ONLY choice is to reapply.

http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp
While the OP has no right to appeal for Inland Sponsorship Final Decision, OP has one other option. OP can apply for a Judicial Review if OP has the time and money to hire a lawyer. It is usually last resort but JR are usually granted provided the applicant has very good reasons. And I believe the OP does have a case to file for JR on their lawyer's incompetent.

Screech339
 

nervousme

Star Member
Jul 30, 2013
94
4
Canada- Alberta
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
01-09-2012
Med's Done....
26-02-2013, Re-done Sept 2014
Interview........
Decision made Mar 09, 2015
screech339 said:
While the OP has no right to appeal for Inland Sponsorship Final Decision, OP has one other option. OP can apply for a Judicial Review if OP has the time and money to hire a lawyer. It is usually last resort but JR are usually granted provided the applicant has very good reasons. And I believe the OP does have a case to file for JR on their lawyer's incompetent.

Screech339
Thank you for replying. Could you tell me what the abbreviations you have used stand for please?
I sent an appeal myself and my member of parliament said they would follow up for me. Should I be hiring a lawyer to prove the consultant I used, who is a paid representatives incompetence or should I wait to hear back. ? I'm not sure what's the next steps are.
Also wondering if we should start a new application or wait to hear something, and how long it might take to hear back good or bad news,
 

screech339

VIP Member
Apr 2, 2013
7,887
553
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
nervousme said:
Thank you for replying. Could you tell me what the abbreviations you have used stand for please?
I sent an appeal myself and my member of parliament said they would follow up for me. Should I be hiring a lawyer to prove **spam** who is a paid representatives incompetence or should I wait to hear back. ? I'm not sure what's the next step
I wrote in the same message. JR = Judicial Review.

Screech339
 

nervousme

Star Member
Jul 30, 2013
94
4
Canada- Alberta
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
01-09-2012
Med's Done....
26-02-2013, Re-done Sept 2014
Interview........
Decision made Mar 09, 2015
screech339 said:
I wrote in the same message. JR = Judicial Review.

Screech339
And OP stands for?

You had to do the same thing?
 

screech339

VIP Member
Apr 2, 2013
7,887
553
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
nervousme said:
And OP stands for?

You had to do the same thing?
I don't know what OP stands for. Just noticed people using it in the msg. I believe it means original poster. I am guessing here. Usually refer to the person who posted the thread.

Screech339
 

DuberBlue

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Sep 6, 2013
276
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CPP-Ottawa
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18-12-2012
Interview........
waived
Passport Req..
16-09-2013
VISA ISSUED...
25-10-2013
LANDED..........
26-10-2013
OP = Original Poster.

That's you :)
 

nervousme

Star Member
Jul 30, 2013
94
4
Canada- Alberta
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
01-09-2012
Med's Done....
26-02-2013, Re-done Sept 2014
Interview........
Decision made Mar 09, 2015
DuberBlue said:
OP = Original Poster.

That's you :)
Thanks :) Still to new at this.

So I did the right thing in sending an appeal letter back to Vegreville? OR am I suppose to do something else too?
 

scylla

VIP Member
Jun 8, 2010
97,256
23,078
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
nervousme said:
Thanks :) Still to new at this.

So I did the right thing in sending an appeal letter back to Vegreville? OR am I suppose to do something else too?
You need to retain a lawyer. The lawyer will then apply for the JD to the Federal Court of Canada.

http://www.cic.gc.ca/english/refugees/inside/appeals-review.asp
 

DuberBlue

Hero Member
Sep 6, 2013
276
8
Category........
Visa Office......
CPP-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
04-03-2013
AOR Received.
13-03-2013
Med's Done....
18-12-2012
Interview........
waived
Passport Req..
16-09-2013
VISA ISSUED...
25-10-2013
LANDED..........
26-10-2013
This is just my opinion, and the inland app thing is still very murky to me, so take this as one possible interpretation.

You need to do what Screech suggested and apply for a Judicial Review. There's a brief link here which talks about how to go about doing it (short answer seems to be: you need to get a lawyer).

Since inland applications do not allow for an appeal to the IAD (Immigration Appeals Division), then, from what you have typed, I don't think sending an appeal to Vegreville will have any effect.