Inland Spousal application Refusal and appearing notice under subsection 44(2)

[Faquir]

Hello there,

I have received refusal letter for inland spousal application, reason stating (a) was entered into primarily for the purpose of acquiring status or privilege under the act; or
(b)is not genuine.

After 8 days i received another notice to appear for the proceeding Under subsection 44(2), the purpose of proceeding is to determine whether i'm authorized to remain in Canada or removal order should be issued against me. In addition, officer who was working on my case have reported me as an inadmissible pursuant to subsection 41(a).

So here is my Story, i came to Canada on February, 2011 on study permit. I applied for student visa extension during my restoration period, but got denied on November,2013. Got married to my beautiful wife after 7 days of my student permit extension refusal and applied for inland spousal visa in feb,2014. I went out of status and couldn't get work permit. I was still out of status when i got refusal for my inland spousal application on july, 2016. As I mentioned earlier, now they have sent me the notice of hearing to appear onAugust 8.

Me and my wife is really upset with the un-fair decision made by an officer. How can an officer judge 4 years of relationship within 1 hour interview?
I'm here to seek some professional advice and help, how to make this work and what should be my next step?
Please let me know if anyone can give me a way out so we can deal with it with full confidence.

Thanks
Faquir

 

[Ponga]

So sorry to hear this news. Unfortunately, you cannot appeal an Inland refusal.

Did you receive any requests for more evidence of your relationship before receiving the refusal letter?
Did you and your wife already attend an interview, which is what you meant when saying "How can an officer judge 4 years of relationship within 1 hour interview"?

Did you receive anything from CIC before the refusal?


IMO, you will likely be told that you must leave Canada at the hearing.

Good luck!

 

[mad_hatter]

Before you accuse the officer un-fair, you need to step into his shoe for a minute. Here is this person, upon not getting his student visa extension, he got marry within days and apply to remain in Canada as spouse. The officer would not be doing his job if he was not suspicious and scrutinized you application with a fine-toothed comb. Obviously in your application package, you did not provided enough evidence that your marriage was legit. You should have foreseen that an interview is inevitable. You still could not gather sufficient evidence in the last two years to prove your marriage is genuine. I think the majority of the blame has to go to you.

 

[canuck_in_uk]

So here is my Story, i came to Canada on February, 2011 on study permit. I applied for student visa extension during my restoration period, but got denied on November,2013. Got married to my beautiful wife after 7 days of my student permit extension refusal and applied for inland spousal visa in feb,2014. I went out of status and couldn't get work permit. I was still out of status when i got refusal for my inland spousal application on july, 2016. As I mentioned earlier, now they have sent me the notice of hearing to appear onAugust 8.

Me and my wife is really upset with the un-fair decision made by an officer. How can an officer judge 4 years of relationship within 1 hour interview?
I'm here to seek some professional advice and help, how to make this work and what should be my next step?
Please let me know if anyone can give me a way out so we can deal with it with full confidence.

No one can really comment on the refusal without knowing the history of your relationship. Marrying 7 days after being refused status is a huge red flag.

You will most likely be issued with a Departure Order requiring you to leave Canada.

 

[Faquir]

So sorry to hear this news. Unfortunately, you cannot appeal an Inland refusal. Did you receive any requests for more evidence of your relationship before receiving the refusal letter? Did you and your wife already attend an interview, which is what you meant when saying "How can an officer judge 4 years of relationship within 1 hour interview"? Did you receive anything from CIC before the refusal? IMO, you will likely be told that you must leave Canada at the hearing. Good luck!

I did not receive any request for more evidence before interview or refusal.
My wife received approval letter for eligibility to apply and another letter stating that my file is no moved from mississauga to edmonton for further assessment. Yes we did attend an interview on first week of June. Is there any possibility that i can reapply cause now i have more solid evidence Since our marriage.

thanks for reply.

 

[Faquir]

Before you accuse the officer un-fair, you need to step into his shoe for a minute. Here is this person, upon not getting his student visa extension, he got marry within days and apply to remain in Canada as spouse. The officer would not be doing his job if he was not suspicious and scrutinized you application with a fine-toothed comb. Obviously in your application package, you did not provided enough evidence that your marriage was legit. You should have foreseen that an interview is inevitable. You still could not gather sufficient evidence in the last two years to prove your marriage is genuine. I think the majority of the blame has to go to you.

[tr][td]

I'm sorry if i offended you. Suspicion and scrutinizing should be considered but making right decision is an officer's job. Reasons mentioned for my refusal is not even right. I did not post here to blame anyone, just trying to seek help and trying to share my feelings. I married my wife so we can live together happily, not for just to get PR. But thank you for reply.

 

[canadianwoman]

I'm sorry to hear your application was refused.
You can reapply. It might be best to leave Canada, and reapply outland. Depending on the country you are from, outland can be much faster than inland anyway.

To succeed on a second application, you need more evidence that the relationship is genuine and was not entered into just to remain in Canada. For CIC, more evidence does not mean just more of the same type of evidence that you already submitted. They want something different. Could your wife go live in your country with you for a year? Or in some other country? This helps show that you two want to be together no matter what, and goes some way to help show that the reason for the marriage was not just to stay in Canada. In any case, you should have much more evidence now than you did when you applied. I would not reapply right away, but instead take some time to show your marriage is genuine.

 

[mad_hatter]

Officer can only make decision based on the evidence presented. If you did not provide the correct evidence then the decision can be wrong.

I would suggest that you seek advice from a good immigration lawyer. Perhaps a judicial review is available to you.

 

[Faquir]

You can reapply. It might be best to leave Canada, and reapply outland. Depending on the country you are from, outland can be much faster than inland anyway.

To succeed on a second application, you need more evidence that the relationship is genuine and was not entered into just to remain in Canada. For CIC, more evidence does not mean just more of the same type of evidence that you already submitted. They want something different. Could your wife go live in your country with you for a year? Or in some other country? This helps show that you two want to be together no matter what, and goes some way to help show that the reason for the marriage was not just to stay in Canada. In any case, you should have much more evidence now than you did when you applied. I would not reapply right away, but instead take some time to show your marriage is genuine.


Thanks for your thoughts. Outland applications are way faster than inland, I think that might be a good idea but my wife is still perusing her studies, it'll be really hard for her to quit her courses as she is already behind cause I was dependent on her and she had to work 2 jobs and do part time school.

 

[Faquir]

Officer can only make decision based on the evidence presented. If you did not provide the correct evidence then the decision can be wrong.

I would suggest that you seek advice from a good immigration lawyer. Perhaps a judicial review is available to you.



That true as well. We did our best to provide with solid evidence like:
Facebook messages, joint bank account which we had 8 months before marriage, marriage ceremony pictures. Infact me and my wife went to same school when I had my student visa.
Judicial review is only option I'm left with, but if I loose my case in federal court it will leave a negative impact on my file and for future application.

 

[Hasan9999]

Quote from: Faquir on July 25, 2016, 12:38:35 am
Hello Everyone,

Please Help me:

I have received refusal letter for inland spousal application, reason stating (a) was entered into primarily for the purpose of acquiring status or privilege under the act; or
(b)is not genuine.

After 8 days i received another notice to appear for the proceeding Under subsection 44(2), the purpose of proceeding is to determine whether i'm authorized to remain in Canada or removal order should be issued against me. In addition, officer who was working on my case have reported me as an inadmissible pursuant to subsection 41(a).

So here is my Story, i came to Canada on February, 2011on study permit. I applied for student visa extension during my restoration period, but got denied on November,2013. Got married to my beautiful wife after 7 days of my student permit extension refusal and applied for inland spousal visa in feb,2014. I went out of status and couldn't get work permit. I was still out of status when i got refusal for my inland spousal application on july, 2016. As I mentioned earlier, now they have sent me the notice of hearing on August 8.

Me and my wife is really upset with the un-fair decision made by an officer. How can an officer judge 4 years of relationship within 1 hour interview?
I'm here to seek some professional advice and help, how to make this work.
Please let me know if anyone can give me a way out so we can deal with it with full confidence.


I have posted it on New topics as well and after i found this topic, I hope to hear back really soon cause i do not have much time

Thanks

Faquir

A very difficult situation indeed. You may consult an experienced immigration lawyer to check the possibility of what options you have now. Is it not possible to bring more solid evidence in the coming meeting to revive refusal? Most probably no scope there....

1. Unfortunately they will issue removal order very soon, close unfinished work here and you have to leave within 30 days from the date of the letter. No way you can overstay to avoid deportation eventually and jeopardise future application.
2. You have to come back home and apply outland with enough proofs for the relationship. The application this time should be well organised and comprehensive. No short cut or amateur!
3. If your wife is a citizen, she might even consider moving back with you for a couple of months to give this application an extra strength. You might also consider having children together....remember if you really want to join your wife in Canada, be practical, stay focused, have huge magnitude of patience and move forward accordingly.....

Good luck!

Hasan

 

[mad_hatter]

If separating with your wife for a period of time is acceptable, then returning to you home country and reapply outland will be the best solution. However, if separation is not an option, than a judicial review is the only way. I understand with your apprehension, however with judicial review you can remain in Canada pending the hearing. The hearing can be far in the future. While you are waiting, gather evidence on your marriage life. Have a child if possible. All this will go far in proving your marriage is genuine. Be forewarn, judicial review is expensive because it is not a DIY, you need a good lawyer.

 

[canadianwoman]

During a judicial review the judge is trying to decide if the decision-maker reached a reasonable decision given the evidence he or she had. You cannot supply more evidence at the judicial review. It sounds to me like you did not have enough evidence in the original application, so the judge may well find that the decision was reasonable.

In an appeal of an outland decision, new evidence can be shown. New evidence cannot be shown during a judicial review.

Look at your application and try to objectively determine if, given the evidence you had, whether the decision to reject your application was reasonable. If it was, do not bother going for a judicial review. It would be better to just reapply outland, and this time with a lot more evidence.

 

[ocheret]

Sorry to hear about your refusal.

Refusals can be appealed either to Immigration Appeal Division or to the Federal Court.
You might want to find an experienced immigration lawyer who win appeal your case on your behalf.

 

[scylla]

Sorry to hear about your refusal.

Refusals can be appealed either to Immigration Appeal Division or to the Federal Court.
You might want to find an experienced immigration lawyer who win appeal your case on your behalf.

No - not inland applications. Read the OP's post again.