I appealed for my husband..what happens?

[expecting]

So i married my husband last year, but he got rejected and I had to appeal for him and i did that a couple of months ago. How long will it take to see if he gets rejected or approved?

 

[PMM]

Hi

So i married my husband last year, but he got rejected and I had to appeal for him and i did that a couple of months ago. How long will it take to see if he gets rejected or approved?

1, If the appeal is rejected, then he will not be coming to Canada.
2. If the appeal is approved, about 6 months after the overseas office starts processing again.

PMM

 

[expecting]

Hi PMM,

I sent you a personal e-mail. You can write your reply if you want. Thanks for your help. I understand the 2nd answer you gave me but what i really want to know is how long will it take to figure out if he gets rejected or not, in how long will they get back to me letting me know?

 

[Leon]

Maybe try the immigration call centre if you want to find out the status. Otherwise I don't know.

 

[Lois Lane]

It takes up to 120 for a copy of your file to be sent back to Canada. Then a date is set for you to go and show more effidence so you can win your appeal. Those dates are being booked approximately 5 months out. At that hearing they will tell you if he is approved.

If he is approved, the file goes back to the original visa office for the visa to be issued. That takes anywhere from six weeks and up depending on where he is.

Good luck!

I just received my file back today it took 90 days.

 

[RobsLuv]

Once you file your appeal request you will get confirmation from the Immigration Appeal Division that you have an appeal on record. That takes about a month. Then you will receive, within 120 days, your Appeal Record - which is, essentially, copies of your PR application and the CAIPS notes from your file. When you receive your appeal record you should retain an attorney to help you with the appeal. You may or may not receive a request from the IAD to provide "evidence and submissions" so that they can determine whether your case qualifies to be heard in an Alternative Dispute Resolution hearing. If your case is accepted into the ADR process, you should expect it to take another four months to get a scheduled hearing. If your appeal is allowed in the ADR process, the file goes back to the original visa office for reprocessing. There is no definite timeline for finalization - it seems to depend on each visa office. Even though allowed appeals are supposed to be given priority processing, that doesn't seem to be the case all the time.

My hubby filed his appeal request for our refused application back in January, we received confirmation in February, the appeal record 90 days later and a request for submissions and evidence due back to the IAD by June 4. We submitted that and heard nothing until last week - when we received notification that our case was being scheduled into the ADR process. We got our ADR date yesterday - scheduled for December 18. It'll be ten months from confirmation of our appeal request to the ADR hearing. If we fail at the ADR we will have the option to continue on to a full oral hearing - which can take another year or two - or withdraw our appeal. If we win our case goes back to the office that originally refused our file and it's anybody's guess how long it will take to be done.