How many in the midst of the appeal process?

[eh??]

Thanks Boyee,

I am glad you shared your timeline. It gave me a better idea of what to expect and when to expect everything. I was WAY OFF the mark! I sure hope my confirmation letter comes soon as I have contacted a lawyer but this lawyer was telling me the wait is WAY TOO LONG and doesn't know why I am sitting on the fence ($$$). I am dealing with Vancouver which I believe deals with all of Western Canada.

It's so frustrating cause it feels like a chess game with a professional as an opponent

 

[Mrs. Turan]

I'm at the beginning of the appeal process now. I faxed the request to appeal their decisıon near the end of August and haven't heard anything from them so far. I'm staying in Turkey for now. I imagine I will hear something soon.

 

[locolynn]

I'm at the beginning of the appeal process now. I faxed the request to appeal their decisıon near the end of August and haven't heard anything from them so far. I'm staying in Turkey for now. I imagine I will hear something soon.

I am happy you are with your husband mrs. Turan!

 

[candy2]

Why did they reject ur case the 1st time? And did u appeal?

 

[unstopable1]

Unstopable here......

And I must say CIC is really testing my unstopable character. Since July 2010 my spouse filed for appealed since our application submitted on June 2009 was refused. To date no reply yet from IAD. I emailed our lawyer in Canada in Jan and I was told that it takes 20 months to get an appeal date... God what a time in our lives................. Still hanging on and keeping the faith. But for those out there who is going through sponsorship and/or appeals we know the strain this process puts on a marrage and a couple as a whole.

Innocent people have to suffer all the time!!

Boyee you still around?

 

[4Destiny]

unstopable,

I went through appeal and it took us 6 months to get appeal granted. But I didn't go to full appeal as my case was not so complicated and was resolved through ADR.

 

[pseudowolf]

Just out of curiosity, if they do reject the application, is it better to appeal or simply start over? Can you start over and re-apply? Thanks!

-Wolf

 

[PMM]

Hi

Just out of curiosity, if they do reject the application, is it better to appeal or simply start over? Can you start over and re-apply? Thanks!

-Wolf

Except that if you haven't overcome the reason for the refusal it will be refused again. Then you have wasted another year.

 

[4Destiny]

I would say its better to appeal because if you will appeal they can't refuse you again for the same reason. If you re-apply there is good chance that they will refuse you again for that same reason.

 

[canadianwoman]

Just out of curiosity, if they do reject the application, is it better to appeal or simply start over? Can you start over and re-apply? Thanks!

About 50% of spousal sponsorship appeals are allowed, so I would say it is worth it to try appealing. But it can take a long time to get an appeal date - more than a year if it is a full appeal, and at least 6 months if it is an ADR hearing.
If you don't appeal, and just reapply, make sure to look at the CAIPS notes and refusal letter very carefully and provide a lot of proof to 'answer' the problems the visa officer identified.

My husband's PR application was rejected, and we lost the appeal. Looking back, we would have been better off to have reapplied through a different visa office. My husband travels a lot for business, so for him to get a visa for another country and apply through that country would not be difficult. Of course, this would not apply to most situations.

 

[pseudowolf]

Thanks all! I would definitely clear up the reason for refusal before re-applying as otherwise there would be no point as you have all attested to. Good to know all the options though! Hopefully it won't come to making that decision to re-apply or appeal but one never knows with IOs! lol Good luck to all of you in this unfortunate situation - my fiance and I wish you the best!

-Wolf

 

[rjessome]

About 50% of spousal sponsorship appeals are allowed, so I would say it is worth it to try appealing. But it can take a long time to get an appeal date - more than a year if it is a full appeal, and at least 6 months if it is an ADR hearing.
If you don't appeal, and just reapply, make sure to look at the CAIPS notes and refusal letter very carefully and provide a lot of proof to 'answer' the problems the visa officer identified.

My husband's PR application was rejected, and we lost the appeal. Looking back, we would have been better off to have reapplied through a different visa office. My husband travels a lot for business, so for him to get a visa for another country and apply through that country would not be difficult. Of course, this would not apply to most situations.

Hindsight is 20/20 in the immigration world, that's for sure. How are you doing now canadianwoman? And where are you now? Did you decide to try judicial review or did you move to be with your husband?

 

[canadianwoman]

Hindsight is 20/20 in the immigration world, that's for sure. How are you doing now canadianwoman? And where are you now? Did you decide to try judicial review or did you move to be with your husband?

We decided not to do a judicial review, because while I think the appeal decision is wrong (since I believe we have a genuine relationship), it is not so obvious when you read the decision that the judge made a mistake. Maybe someone who didn't know us would read the decision and think the judge is right.
I'm going to go live with my husband for a year (I'm leaving at the beginning of Feb., actually) in Malaysia, and then we'll try applying again.

 

[unstopable1]

I am sorry to hear your appeal did not go through canadianwoman. Its just so sad when i read endings like this. The system (supposed) to be working to re-unite family members, but it totally does the opposite in some cases. I am waiting on full hearing date since July 2010 and I don't want to even have the thought or think what I will do if the IAD is not allowed or win. My husband has a company in Canada and he just can't up and leave everything he worked so hard to build in years. I guess only time will tell what the future holds.

 

[rjessome]

We decided not to do a judicial review, because while I think the appeal decision is wrong (since I believe we have a genuine relationship), it is not so obvious when you read the decision that the judge made a mistake. Maybe someone who didn't know us would read the decision and think the judge is right.
I'm going to go live with my husband for a year (I'm leaving at the beginning of Feb., actually) in Malaysia, and then we'll try applying again.

Well I wish you the best of luck. Hopefully you and your husband will really enjoy your life together in Malaysia and your next experience with CIC will be positive.

I am sorry to hear your appeal did not go through canadianwoman. Its just so sad when i read endings like this. The system (supposed) to be working to re-unite family members, but it totally does the opposite in some cases. I am waiting on full hearing date since July 2010 and I don't want to even have the thought or think what I will do if the IAD is not allowed or win. My husband has a company in Canada and he just can't up and leave everything he worked so hard to build in years. I guess only time will tell what the future holds.

If your husband has a company here, has he considered whether or not he is eligible for PR under one of the economic programs?