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Need HELP!! Spouse Sponsorhip Application "Refused" (APPEAL OR RE-APPLY??)

truelove

Member
Mar 22, 2012
12
1
Hi everyone,

I am here looking for help regarding to my spousal sponsorship application seriously.
My application refused during Mid February 2012 right after our interview in Beijing and I just received my refusal letter last week.

Based on the letter, reasons of the refusal are:
1- when the visa officer asked about our first impression, we are not very passion / emotional
2- sponsor's parents do not realized our marriage (b/c they disagree sponsor married oversea instead better to get the married cert. in Canada, however, they are not disagree with our relationship) and our marriage did not happen under our own culture (no ceremony)
3- Short courtship (we lived together approx. 3 weeks cased of my university convocation – we married just a week after we met ||| we also lived together closed to 3weeks again during 2012, I am in the process of citizenship and looking for job as well, therefore I cannot away from Canada for long period)
4- Applicant appear highly motivated to leave Canada and wants to come to Canada caused of the refusal of the study permit (twice)
5- Visa Officer concluded that applicant want to continue his education via spousal sponsorship application

Background about our relationship:
We met each other via internet (an education forum) during 2008.
Applicant applied study permit during December 2010 twice and refused.
We married during May 2011 then submitted application during September 2011.

Documents that provided for the application:
Necessary documents (police cert. marriage cert. medical examination, option , landing fee etc.)
Love story from both of us
Conversation history since 2008 until present (including MSN and Emails)
Phone Bills (cellphone and VOIP)
Western union or PayPal or Bank statement (approx. 90thousand USD saving)
Pictures (such as honey moon pictures, wedding pictures, webcam pictures etc.)
Bills to prove we purchased gifts to each other (including EMS recepits) over the few years

Now my concerns:
1- Should I appeal it? (under real marriage, I and my husband not satisfied with the interview or decision) In addition, I see no respect and rude during the interview and the visa officer attempted to hold my husband passport and my original copy of marriage certificate. (my husband actually requested to have the passport returned and I forgot mine)
2- If I decided to re-apply instead of appeal, does it mean “I agree/admit with the reasons of the refusal” or “I agree/admit with the decision that our relationship is not genuine”?
3- We have no more strong documents to our case, if we are going to re-apply then does it mean the possibility of refusal is guarantee? (perhaps we can generate some new evidences: my parents or relatives reference letters, tax return stated my marital status, phone bills or conversation after refusal, maybe will plan to travel with my husband again)


PS: Our relationship is very differ from other but it does not mean we are not genuine relationship. We are very treasure about relationship. :-[

I appreciated for those of you who replied my thread
 

mr70

Full Member
Sep 5, 2010
49
0
Job Offer........
Pre-Assessed..
It is my understanding that if you were to re-apply without overcoming the reasons for the first refusal the second application my be refused also because it would be viewed as already decided.There is a specific term that is used but can't remember it. Re-judica,I think!! In my opinion appeal would be the best approach,but you still have to overcome the reasons for refusal. Gather as much proof as you can to show that the VO's decision is wrong. Maybe the more senior members here have better advise.Good luck to you.
 

sasa0106

Newbie
Mar 21, 2012
8
1
I understand your situation!!!
I agree that you should appeal .I highly recommend you seek for a professional lawyer which has good credit for those cases.
 

jeonwualu

Newbie
Jul 4, 2010
2
0
Edmonton, AB
Category........
Visa Office......
Accra
NOC Code......
Teac
Job Offer........
Pre-Assessed..
App. Filed.......
10/09/2010
Interview........
02/01/2011
Passport Req..
My husband was denied although we have not received a letter stating that. We were told that there was no question about the genuineness of our relationship with so many supporting documents. He was declined because the officer said that my husband had to be 35 to adopt his son in Nigeria but he has to be 25 and the officer knew that.
If you appeal your case, that means you don't agree with the decision and you have further evidence that will prove your relationship is real. This is the best route to go. You cannot re-apply unless something significant has changed in your relationship. A baby, more time has passed that you have lived together and so on. If there is no change, the same thing will likely happen. I'm a born and raised Canadian and I've married a Nigerian in May, 2010. We were interviewed in January, 2011 in Accra, Ghana and my husband was declined. We have appealed the case because the officer would not let us speak and he was rude like your experience. The appeal opportunity won't come up until June 2012 at earliest and we can re-apply, 6 months later so we may forget the appeal and save $6000. for the cost of my lawyer. We have lived together on and off for a total of 11 months since we met 27 months ago. Pretty tough to live together when he can't come here and I'm too sick to travel and live where he lives. The officers don't like short courtships like ours; I don't understand why your sponsor would speak this way about you as a couple. You need to speak with them and tell them they need to support you both if you are to get there; it's not of the officers business how you appear. If you were making out in front of him he'd have something negative to say also. I think they like to discourage people and if you quit, you were not serious anyways. So don't give up. Appeal and keep fighting your case and collecting documentation of your days together in a diary with receipts and photos. That's what we do when we are together. I know we will be together before the year is out.
 

gagan88

Full Member
Apr 9, 2012
30
1
Job Offer........
Pre-Assessed..
my visa fo canada got refused only because y sponsor did not stay in canada after the approval........visa offic say that he should stay until the decision is made.
please help what to do???
my pouse receicved the appeal letter...
please someone advice shall i reapply or appeal......which will be better or which will take less time
 
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ashunandal

Champion Member
Jun 23, 2011
1,270
23
124
New Delhi
Category........
Visa Office......
New Delhi
Job Offer........
Pre-Assessed..
App. Filed.......
Jan 26, 2012
File Transfer...
May 1, 2012
Interview........
July 31, 2012 (approved) went "in process" same day
Passport Req..
May 10, 2012
VISA ISSUED...
Visa stamped on August 3, 2012 and passport received back on August 13, 2012
LANDED..........
Oct 21, 2012
gagan88 said:
my visa fo canada got refused only because y sponsor did not stay in canada after the approval........visa offic say that he should stay until the decision is made.
please help what to do???
my pouse receicved the appeal letter...
please someone advice shall i reapply or appeal......which will be better or which will take less time
hi gagan
sorry to hear about your rejection, can you please tell me if sponsor is PR or citizen of canada.
according to cic, if sponsor is PR, he/she cannot leave canada during processing but if sponsor is canadian citizen, they can stay outside for whole process (need to prove intention of returning to canada after applicant gets PR)
best of luck for appeal
 
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gagan88

Full Member
Apr 9, 2012
30
1
Job Offer........
Pre-Assessed..
thanks alot for ur answer...my hubby is pr...
he has appealed in ADR now.....and its 15 days now and we have not received any acknowledgement that they accepted the adr........
and can my husband come back in between the appeal process.....

please advice...
 

scylla

VIP Member
Jun 8, 2010
95,847
22,112
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
gagan88 said:
thanks alot for ur answer...my hubby is pr...
he has appealed in ADR now.....and its 15 days now and we have not received any acknowledgement that they accepted the adr........
and can my husband come back in between the appeal process.....

please advice...
Your husband needs to stay in Canada. Taking a very short trip (2 weeks) out of Canada might be fine. But he MUST be living in Canada if you want there to be any hope of your application being approved - and given why you were refused, I think it would be better for your husband to avoid all trips out of Canada. One of the conditions for PRs to sponsor their spouses is that they must be living in Canada from the time the application is submitted to the time the application is 100% approved (not just the sponsor approved - the entire application). It sounds like your husband left Canada after he was approved as a sponsor. This was the wrong thing to do and it makes sense that the application was rejected. Your husband now has to overcome the reason why the application was refused and prove that he is in fact living in Canada.
 

gagan88

Full Member
Apr 9, 2012
30
1
Job Offer........
Pre-Assessed..
scylla said:
Your husband needs to stay in Canada. Taking a very short trip (2 weeks) out of Canada might be fine. But he MUST be living in Canada if you want there to be any hope of your application being approved - and given why you were refused, I think it would be better for your husband to avoid all trips out of Canada. One of the conditions for PRs to sponsor their spouses is that they must be living in Canada from the time the application is submitted to the time the application is 100% approved (not just the sponsor approved - the entire application). It sounds like your husband left Canada after he was approved as a sponsor. This was the wrong thing to do and it makes sense that the application was rejected. Your husband now has to overcome the reason why the application was refused and prove that he is in fact living in Canada.
Thanks for the reply..my hubby has appealed and he got the letter of acceptance and its a month...till now no reply...can you tell me how long it will take,,,,,
 

steph816

Star Member
Dec 21, 2009
187
3
Visa Office......
Pretoria
Job Offer........
Pre-Assessed..
App. Filed.......
01-05-2011
AOR Received.
01-06-2011
File Transfer...
13-06-2011 VO began processing 06-10-2011
Med's Request
10-01-2012
Med's Done....
22-01-2011, 27-02-2012
Interview........
23-05-2012
Passport Req..
19-06-2012
VISA ISSUED...
06-07-2012
LANDED..........
20-07-2012
Sorry to hear about your story. I think you need to provide a lot more evidence that your marriage is bona fide. ESP if parents aren't approving of your marriage and you married a week after you met, that wld be very suspicious to them. It is important to have letters, emails etc between you and other ppl like friends and family to show ppl knew about your relationship the whole time and supported it. Also pictures of you two with other ppl. Things to show you are a real couple. Seems they thought your husband married you to get into the country to go to school since he was denied twice? You really need to provide more would evidence when you appeal, which I agree u should. Good luck!
 

gagan88

Full Member
Apr 9, 2012
30
1
Job Offer........
Pre-Assessed..
case refused :25 march 2012
appealed and received appeal record 40 days on 6th july 2012
they asked for document for my sponsors position in canada on 18 jul 2012
sent docs on 27 jul 2012

now still waiting for the desicion.
do any one knows how long will it take.
 

saamaj

Member
Jun 18, 2013
17
0
Category........
Visa Office......
Vienna
Job Offer........
Pre-Assessed..
App. Filed.......
30-01-2013
AOR Received.
31-01-2013
File Transfer...
21-02-2013
Med's Done....
16-11-2012
hello gagan88,
I have a question for you,
with me and my husband its the same, Im the sponsor and didn't stay in Canada our application has been send to the visa office but we have not heard a reply from them, can you tell me how they found out that you didn't stay in Canada? and if you have any advice for me should I go back to Canada right away before they find out?
thanks
 

alios82

Newbie
Sep 9, 2013
2
0
saamaj said:
hello gagan88,
I have a question for you,
with me and my husband its the same, Im the sponsor and didn't stay in Canada our application has been send to the visa office but we have not heard a reply from them, can you tell me how they found out that you didn't stay in Canada? and if you have any advice for me should I go back to Canada right away before they find out?
thanks
Hi - was the sponsor a CDN citizen in this case?
I am a citizen and have been visiting for a long duration (months) as my application was going to take 23 months. But I stay with family while I am visiting but still live in canada.
My spouse received request to re-do medical and fill out some forms. But they've also requested my spouse to send them photocopies of my(sponsor) passport. I am wondering if I should be worried?
Furthermore, I still intend to go to canada before or just as my spouse gets PR.
Can you advise how I can keep my case steady using truthful means only?
 

scylla

VIP Member
Jun 8, 2010
95,847
22,112
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
alios82 said:
Hi - was the sponsor a CDN citizen in this case?
I am a citizen and have been visiting for a long duration (months) as my application was going to take 23 months. But I stay with family while I am visiting but still live in canada.
My spouse received request to re-do medical and fill out some forms. But they've also requested my spouse to send them photocopies of my(sponsor) passport. I am wondering if I should be worried?
Furthermore, I still intend to go to canada before or just as my spouse gets PR.
Can you advise how I can keep my case steady using truthful means only?
If you are a Canadian citizen, then you can sponsor your spouse while living outside of Canada. Permanent residents must be living in Canada in order to sponsor. So you are fine.
 

sweet_ivy32

Star Member
Apr 15, 2015
130
3
Category........
Visa Office......
manila
Job Offer........
Pre-Assessed..
App. Filed.......
09-02-2015
AOR Received.
13-04-2015
Passport Req..
20-05-2015
VISA ISSUED...
waiting
LANDED..........
in god's perfect time
Guys, can you please give me an insight regarding the info on the ecas..
What does it mean???? Pls.help...tnx!


Permanent residence

We received your application last jan25, 2015
We started processing your application last April 20, 2015
We send you a letter last august 27, 2015