Need HELP!! Spouse Sponsorhip Application "Refused" (Appeal OR Re-apply)

[yiyan0707]

Hi everyone,

I am here looking for help regarding to my husband's spousal sponsorship application.
We just received my husband's application refusal letter.

Based on the letter, reasons of the refusal is only one:
Your sponsor is residing outside of Canada and has been working in China since 2010.

Background about our situation:
I am Canadian citizen and move back to China since 2010.
My husband and I met in 2010 and got married in 2011.
Now we consider move back to Canada due to the smog in Beijing.
And I wrote the letter about my intention to move back to Canada once my husband get PR visa.

What I should do:
1. Should I appeal it? Before my husband's application transfer to Hong Kong visa office, my sponsorship application is approved. That means CIC believed we will move to Canada together once my husband's PR visa is issued.
2. If I decided to re-apply instead of appeal, do I need to move back to Canada only first?
3. Consider the process time, which (appeal and re-apply) is more effective? We want to move back to Canada ASAP

Any of your comments are appreciated!

 

[MilesAway]

Did they request any additional proof before refusing you?

Also, when CIC approves the sponsor, they don't assess the intent to return yet. My GCMS notes state: Intent to return to be determined by VO abroad. So they leave that up to the visa office.

Check out the appeals thread for an idea of the process and timeline. It may be faster to re-apply.

 

[yiyan0707]

They didn't request any additional documents or asking for an interview.
Just directly sent a letter to us.

 

[MilesAway]

I'd suggest ordering your GCMS notes to see if there was a request that was missed.

If you choose to re-apply, you'll need to overcome that problem, so the sponsor would have to go to Canada, otherwise you run the risk of having the same problem.

 

[yiyan0707]

do you know how to appy my GCMS notes?

 

[MilesAway]

http://www.cic.gc.ca/english/department/atip/requests-atip.asp

 

[yiyan0707]

Thank you MilesAway for your information. I try to apply on-line.

There is a selection about "What type of information would you like to request?"
options are: note in electronic file, physical file.

which one should I choose?

 

[MilesAway]

Electronic

 

[yiyan0707]

Thanks, I applied!

But the result will come out about one month. If I want to appeal, I must send application within 30 days from the date I received the refusal letter.

Should I appeal before I get the notes?

 

[scylla]

Yes - you're right about the timelines.

Apart from the letter, what evidence did you provide to demonstrate that you will be relocating to Canada once the PR visa is approved?

 

[yiyan0707]

I prepared some documents to support my intention back to Canada:

1. wrote a letter to describe my intention to move back to Canada, and my plan to relocate in Canada
2. my job searching in Canada
3. my canadian banking statment