How do I reapply after a failed appeal?

[clubcanada]

@canadianwoman:

How, though, do you prove someone will not dump you after arrival? Frankly, it's impossible to prove. Anyone could be dumped by their spouse tomorrow.

this is correct. however, there are some indicators. e.g. if you were a very conservative and catholic couple the chances that one spouse will leave/file for dovorce are going towards zero. Same in many asian societies where you'd pretty much marry into a family then marrying a single person which raises the exit/divorce barriers very high.
In many african cultures this appears quite different as polygamy is still commonly accepted. I'm not suggesting that you should convert into some religion but this should help you to see it from CIC's perspective...

what you might consider is the following: what holds you and your husband together? you mentioned a business plan? I guess this is a good start. A common business that has been in place for a while where you both share the financial/managerial risk might be a better indicator. this kind of proof is by far better than anything in a planning phase such as a business plan on paper (CIC has no skilled business people that would have the capabilties to read through it anyway) or the 'plan' to adopt a baby or picture from 5 years ago. So how about you guys start your business outside canada and then expand into canada in 1-2 years? Think about all aspects that are showing a common future...

what ever you do, I wish you good luck!

 

[Black-Berry]

@ canadianwoman:
this is correct. however, there are some indicators. e.g. if you were a very conservative and catholic couple the chances that one spouse will leave/file for dovorce are going towards zero. Same in many asian societies where you'd pretty much marry into a family then marrying a single person which raises the exit/divorce barriers very high.
In many african cultures this appears quite different as polygamy is still commonly accepted. I'm not suggesting that you should convert into some religion but this should help you to see it from CIC's perspective...

what you might consider is the following: what holds you and your husband together? you mentioned a business plan? I guess this is a good start. A common business that has been in place for a while where you both share the financial/managerial risk might be a better indicator. this kind of proof is by far better than anything in a planning phase such as a business plan on paper (CIC has no skilled business people that would have the capabilties to read through it anyway) or the 'plan' to adopt a baby or picture from 5 years ago. So how about you guys start your business outside canada and then expand into canada in 1-2 years? Think about all aspects that are showing a common future...

what ever you do, I wish you good luck!

I really like what you said. it was point on. maybe i didnt exactly phrase it the way you did but its exactly my thoughts to Canadian woman.
As i still dont know exactly what the details were of your package (and feel free to tell me what you did actually send). But put yourself in the CIC officers shoes. who probably went for training on how to fish out a scam. maybe under your individual circumstances, ie you both dont know much abut each other.. you both have periods where you are separate.. These are justb examples. but Now maybe you need to prove if you will re-apply without any shadow of doubt.
Maybe by just looking at your package red flags went off.. you dont know what the red flags are but the periods of absences could have been one of them that triggered a whole lot of useless questions . I dont know am just assuming.

Also i am answering your original question about how you would re-apply after a failed appeal. I still stick by putting a BULLET PROOF application. . learn from your failed application. You know how your relationship is with your husband. SO i say do what you got to do at this point in time to proof to these pains that you are genuine. Dont proove them right. . I woul move to be with him in ghana as i suggested earlier on. Are you still planning on adopting?. Do you have the doctors records about your attempt to get a child in vain?. If so maybe you can ask for copies of those and proof that you have indeed planned or are planning to adopt if thats the route you wanna go.

i know it was hard the way your interview went but LEARN from it.. study your CAIPS notes. Note what the officer stated. Get involved in your husbands business if you can . Do you have joint bank accounts?. joint utility bills etc etc. You said your husband lives in a bad area?. Maybe that is what set them of?. i dont know..

Sit down.. talk to your husband and together come up withj something that can maybe not only make your relationship better but that can prove to these goons that they are so wrong!!.. If you were planning to adopt anyway do you think now would be a good time?. It would definitely help in strengthening your case or at least plans to adopt. So that its not just by wrd of mouth but if you had the paperwork also maybe it would help?

 

[canadianwoman]

The business plan is a good idea - I never thought of it as being evidence before.
As for adopting right now - emotionally I want a baby, but I was postponing the adoption process until my husband got his visa, because if he really can't get into Canada the baby will be in limbo.

Thanks for your advice!

 

[RobsLuv]

Canadianwoman - I am so sorry that your appeal was not allowed. It doesn't seem to make any sense, but then a lot of what happens during this process doesn't make any sense.

I am not sure that "res judicata" applies to a new application - I think it applies to trying a case under appeal again when there is no additional information to consider. I am certain it doesn't mean that you can't re-apply on a new PR application, but you'd be doing yourselves no favours that way either unless you can submit new and stronger evidence with it that your relationship is genuine.

I agree with most of what's been said earlier - for whatever reason the officer who assessed your case, and the appeal panel at the hearing, did not believe you submitted compelling enough evidence that your husband isn't just using your relationship to get into Canada. Unfortunately there have been too many sponsors who are absolutely convinced that the person they're sponsoring loves them, and then after that person "lands", they abandon the sponsor and the sponsor immediately begins blaming CIC and demanding that they tighten the reigns on sponsorships. The "bad press" can't help but have some effect on processings and appeals, especially in cases where a partner is coming from a country where immigration fraud is prevalent.

I think if you're willing to go to Nigeria and live there with him, it would go a long way towards helping to prove "genuine" for a future application - and it would go a long way towards giving you additional confidence of your convictions. As far as the H&C application - that's only an option if the foreign national is in Canada.

 

[toby]

The concensus seems to be that CIC suspects the husband may have married for the visa, and might leave once in Canada. That seems to be the main issue that Canadianwoman must deal with in any new application.

If this is correct, then figuring out more ways for Canadiawoman to show her commitment to her husband are not really going to help much. What we need to do is figure out ways for her husband to show his commitment to her, to show his love and devotion. For example, if he has a good business in Nigeria, making her a legal partner might be persuasive. If he has assets in Nigeria, making her a legal half-p0wner might be impressive to CIC.

What other ways have others in this situation employed?

 

[waitingintz]

Canadianwoman:

A friend of mine also applied through Ghana and her husband was initially rejected because they believed he was in it for the visa. They were very upset (as it is also a genuine marriage) and had already used a lawyer for the application so were frustrated about where it had all gone wrong.

She took the time to really go through her application from a 3rd party perspective (something I'm already wishing I'd taken the time to do). She realized that, probably due to cultural differences, some of the evidence from his side (letters, statements, etc) maybe seemed a little cold and distant (you used the term evasive). She also realized that while they were commnuicating lots and she visited him there, a lot of the evidence came across one sided (of course he couldn't get a visa to visit canada and it is much more expensive to call from Africa to Canada than vice versa).

Anyway, point is she went through everything as if a stranger reviewing it and did find a lot of things that she had to admit could be seen as suspicious or just not very strong evidence. She went through point by point and they won their appeal.

I think it's very easy to get frustrated and it is very difficult to prove something as intangible as a relationship. Only you know the details of your case but maybe sit with a lawyer or even a critical friend/family member and get them to go through the entire application before you try again and really try to approach things from the other perspective.

Good luck!