Denied Landing : Can I appeal
- Thread starter bishu
- Start date
You need to hire a lawyer immediately. This is the only way you have a chance.
If you got married after your visa you needed to inform the visa office and follow their instructions as to what to do. How many times do they tell you that you need to keep them informed of any changes in your family composition?
I don't know whether this can be successfully appealed, but you have zero chance unless you hire a lawyer. I know a good one who is good with appeals, he's not cheap but he has a strong track record. I will PM to you.
If you got married after your visa you needed to inform the visa office and follow their instructions as to what to do. How many times do they tell you that you need to keep them informed of any changes in your family composition?
I don't know whether this can be successfully appealed, but you have zero chance unless you hire a lawyer. I know a good one who is good with appeals, he's not cheap but he has a strong track record. I will PM to you.
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bishu said:
sorry to hear that but i think you have taken things casually. CIC has clearly mentioned at multiple places that in case of any change in your status (like marriage, divorce, child birth etc) you need to immediately inform them.
if you think you got married after your visa was stamped you can definately appeal ... but if you got married before that then it is very very difficult because that way they assume you tried to hide the facts and your family status.
because they always check your spouse's track records and demand PCC, medical etc. which is important.
If you married before the actual "landing" and your CoPR was issued as a single person, then this is what happens if you try to "land". It doesn't matter when the IM-1 visa is issued.bishu said:
You will need to restart the whole application again from the beginning if you have already been informed that the existing one is cancelled. You are very lucky that you have not been charged with "misrepresentation" and banned from Canada for two years.
Thank you for your replies ...
My case is little different because I did inform the CIC about my marriage before landing , however CIC replied back that I did not inform early enough . they did not give any instruction after that .
I landed on the assumption that CIC was OK for landing .
Do I have a case for appeal .
My case is little different because I did inform the CIC about my marriage before landing , however CIC replied back that I did not inform early enough . they did not give any instruction after that .
I landed on the assumption that CIC was OK for landing .
Do I have a case for appeal .
I don't believe that you have but seeing a very good lawyer is, as has been said earlier, is your only hope now. The problem is going to be that the application has been "cancelled" and not simply "refused".bishu said:
Good Luck. You are going to need it...
Agreed with the advice above. You need a very good immigration lawyer. Expect to pay $3K to $5K.
I hope you kept all of your communications with CIC where you reported your marriage and they told you it was too late.
I hope you kept all of your communications with CIC where you reported your marriage and they told you it was too late.
Looking at your older posts - there's definitely a chance your PR visa is gone.
You were supposed to notify CIC that you were married before trying to land and use your PR visa. It looks like you declared you were married as you were landing. Unfortunately this was the wrong thing to do.
I'm not sure an appeal is going to work. But by all means give it a try...
You were supposed to notify CIC that you were married before trying to land and use your PR visa. It looks like you declared you were married as you were landing. Unfortunately this was the wrong thing to do.
I'm not sure an appeal is going to work. But by all means give it a try...
bishu said:
brother sorry abt u but they just cant add ur spouse like that, as previously mentioned that they need to do the same kind of investigation against your spouse as well so it gona take too much time.......all you could have done was........didn't informed cic about it or vo.......would have landed and came back and then inform them that I m married now.......easily applied for ur spouse. but anyways hard luck......try a lawyer but again very slim chances as its not refused but cancelled!
bishu said:
Did you contact CIC before you actually flew to Canada? If you did, what else did you do? What did they tell you after you contacted them? Did you wait for a reply before leaving for Canada? Just contacting them wasn't enough. Your visa was no longer valid for landing as soon as you got married. So you should have contacted them and waited for further instructions before coming to Canada. You should not have just flown to Canada and attempted to land. Again, your visa was no longer valid.
Your only option at this point is to go the appeals route. It's not going to be cheap...
here is what I did
1. I contacted CIC that I am married . Please give me further instructions.
2. They replied back that it is too late to add spouse . with out any instructions about the visa or landing
3. I assumed that they were ok for me to land . so I attempted to land but was denied entry .
1. I contacted CIC that I am married . Please give me further instructions.
2. They replied back that it is too late to add spouse . with out any instructions about the visa or landing
3. I assumed that they were ok for me to land . so I attempted to land but was denied entry .
In that case your only choice is to appeal and for that you need a lawyer (as we've told you previously). The appeal will cost you several thousand dollars.
With all due respect....they told you clearly it was too late to add your spouse yet you just "assumed" it was still ok to land? That would not be the response of an intelligent human being to a situation like this! Quite clearly you were told "it was too late to add your spouse" but you still thought you could just land and everything would be ok? COME ON! What WERE you thinking? 
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