NEW DELHI - 2013 APPLICANTS.

[Desi-girl]

Govermment of Canada Gouvernement du Canada
Consulate General of Canada Consulate general du Canada


Date: November 29, 2013

UCI: xxxxxxxx Application xxxxxxxxxx
l llil llll llililil !il] !ilt ililillllltiltilt l llil llll llililil !il] !ilt ililillllltiltilt


name
address
lndia

Dear xxxxxxx:

This refers to your application for permanent residence in Canada.
I have completed the assessment of your application. After careful and thorough consideration
of all aspects of your application and the supporting information and documents provided, I have
determined that you do not meet the requirements for a permanent resident visa.

Section 4 of the lmmigration and Refugee Protection Regulations provides that:

4. (1) For the purposes of these Regulations, a foreign national shall not be considered a
spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law
partnership or conjugal partnership
- -{a)'was entered into prilmarlly for the purpose of acquiring any Status or privilege under the Act;
or
(b) is not genuine.

Based on information available to me, I am satisfied that your marriage to your sponsor is not
genuine and was entered into primarily for the purpose of acquiring permanent residence in
Canada. You are therefore not a member of the family class whose application as your
sponsor's spouse may be sponsored pursuant to section 117(1)(a) of the lmmigration and
Section 11(1) of the lmmigration and Refugee Protection Act states that the visa or
document shall be issued if, following an examination, the officer is satisfied that the foreign
national is not inadmissible and meets the requirements of this Act. Pursuant to section 2(2) of
the lmmigration and Refugee Protection Act, references to 'this Act' include regulations
made under it. I am satisfied that you do not meet the requirements of section 4 of the
lmmigration and Refugge Protection Regulations for a visa as your sponsor's spouse under --
family class for reasons set out above. I am, therefore, refusing your application pursuant
to section 11(1) of the lmmigration and Refugee Protection Act.

lmmigration Section - Service de l'lmmigration
Consulate General of Canada - Consulat g6n6ral du Canada
S.C.O. 54-55-56, Sector 17-A, Chandigarh, UT 160017 lndia - lnde www.india.gc.ca




on backside of the page





I am notifying your sponsor of the appeal provisions of the lmmigntion and Refugee
Protection Act. I am using the last known address for your sponsor which is
namexxxxxx
addressxxxxxx
lndia

if this address is not correct, please provide this office and with your sponsor's new address immediately so that this letter can be resent to the new address

Sincerely


immigration Officer






lmmigration Section - Service de l'lmmigration
Consulate General of Canada - Consulat g6n6ral du Canada
S.C.O. 54-55-56, Sector 17-A, Chandigarh, UT 160017 lndia - lnde www.india.gc.ca

I am sorry dear, but this seems like an official letter. I think they mailed it to you so that it isn't lost in the email or spam folder as some applicants do not receive emails from NDVO and this is an important document. They wanted to make sure you received.

Go ahead with the appeal. NDVO is unfair in being so quick to reject and dismiss your case. Show them who is boss and who is right (YOU ARE!!). We are all rooting for you to win the appeal. Any anytime you have any more questions, we will always be here to try to answer them. Good Luck!

 

[Desi-girl]

this is what I like about this site..unlike other forums there is someone here who is willing to help or atleast point the direction to where one can get some help..and that's why this forum is going strong unlike other forums

My thoughts exactly. In moments like this, when we can't make sense of what to do and what is happening, we need a place to turn to where we could get answers to our queries and support as well. Thank you waiting2exhale, as well as harryiswaiting and PJP109, for helping out here. I am sure hot90 is really appreciating all the help you are providing.

I hope nobody has to go through this pain of being refused after waiting for so long to be with our significant other

 

[PJP109]

My thoughts exactly. In moments like this, when we can't make sense of what to do and what is happening, we need a place to turn to where we could get answers to our queries and support as well. Thank you waiting2exhale, as well as harryiswaiting and PJP109, for helping out here. I am sure hot90 is really appreciating all the help you are providing.

No prb at all.. We all r here to help each other many of u r far more active than some of us... It helps a lottt

 

[waiting 2 exhale]

When visa officer said on interview they will send us by email decision of our application why they send by post

not on email

can you provide us background to your case? how long were you married? what is your timeline? under what category did you apply? (married/conjugal/common-law) if you want to keep things private, just provide basic details..we are trying to figure out if you had any red flags like short term relationship. religions different, age difference, leaving immediately to Canada after marriage..things like that

 

[waiting 2 exhale]

I am sorry dear, but this seems like an official letter. I think they mailed it to you so that it isn't lost in the email or spam folder as some applicants do not receive emails from NDVO and this is an important document. They wanted to make sure you received.

Go ahead with the appeal. NDVO is unfair in being so quick to reject and dismiss your case. Show them who is boss and who is right (YOU ARE!!). We are all rooting for you to win the appeal. Any anytime you have any more questions, we will always be here to try to answer them. Good Luck!

it is really unfair to the applicant by not providing the reasons for rejection. The system is so stacked up against the applicant and a petty, puny, pot bellied visa officer with mood swings can reject anyone with a reason that only he knows and it takes a year to go through appeal process..he should go ahead with the appeal but it is demoralizing to anyone to go through this whole process again

 

[Desi-girl]

hot90, this seems like an official rejection letter to me. We received all of our correspondence by email, but they sent the rejection letter by mail with the passport enclosed. It also was just on a black letterhead, as if it is a logo just in the document. It also sounds exactly how they word a refusal. Basically, the officer did not see you relationship as a genuine one. I suggest you join the Spousal Appeal thread on this forum. There are many people there who can guide you. Basically your first step is to file an appeal as you only have 30 days from the date of the letter. I also strongly suggest you find a good lawyer to give you more specific guidance for your case.

I'm sorry you were rejected, but if you have a lot of dedication, you can pull through it! Best of luck. Smiley

No, you don't appeal to the high commission. You now need to deal with the Immigration and Refugee Board (IRB) and file your appeal there. Here's the link about the process: http://www.irb-cisr.gc.ca/Eng/BoaCom/references/procedures/Pages/ProcessSpoPar.aspx

Here are the forms to appeal: http://www.irb-cisr.gc.ca/Eng/res/form/Pages/IadSai428Intro.aspx

Thank you for answering the questions and guiding hot 90.
Hot90, here is the link to the Spousal appeal forum http://www.canadavisa.com/canada-immigration-discussion-board/-t87619.0.html, to make it easier to find.

 

[kanshi]

HI,
Though it's my first post, I have been following this Forum for almost past 6 month.

Hot90, I had read you post when you went through an interview. Where they asked you just your age and asked to identify family members at wedding. Even didn't let your husband come inside with you. To me it seem that they had already made a decision to reject your file, but an interview was done for formality.

They should have ask you more question about your relationship to make a sound decision, but this people have no heart. To me you have a strong point to appeal that visa officer didn't do his job, he just ask you questions who answer were already in forms. He was supposed to ask questions that were not cleared are were not in the forms and, that were utmost important to clarified their doubts and make decision.

This is my thoughts. but you should look into all possible help from other forum members who have been here for long and have a PHD in it. But be quick, but be clam to take correct decision as you have 30days.

GOOD LUCK!!!! I wish everything falls in place for you soon.

Yha i already seen the vistor visa rejetion letter that letter is not the same mine because my letter is on the pad of goverment of canada cosulate generl
But which i seen refusal that is on
CITIZEN AND IMMIGRATION CANADA and then in last officer sign and consulate visa office address my letter is not same it straight consulate pad

 

[Desi-girl]

it is really unfair to the applicant by not providing the reasons for rejection. The system is so stacked up against the applicant and a petty, puny, pot bellied visa officer with mood swings can reject anyone with a reason that only he knows and it takes a year to go through appeal process..he should go ahead with the appeal but it is demoralizing to anyone to go through this whole process again

Most important right now, is to find out the reason for rejection. It is unfortunate that an appeal takes longer than reapplying for PR and is most definitely more stressful. If hot90 cannot find out what the reason was, her application may come back to a standstill the second time. Based on the letter and knowing that decision was made one day after the interview, it seems like the officer was discriminating. On top of that, they were very rude to her husband. If that is the case, a court appeal may bring to light the officer's flaws and mistakes. And I hope the officers get reprimanded and this may straighten them all out to diligently working on our applications without any discrimination.
I think a good immigration lawyer will be most helpful to consult with before applying for the appeal.
They don't have the right to play with our emotions like this and then slap us in the face and think that they can get away with it. Enough is enough! Maybe we should all just sue them.

 

[waiting 2 exhale]

Most important right now, is to find out the reason for rejection. It is unfortunate that an appeal takes longer than reapplying for PR and is most definitely more stressful. If hot90 cannot find out what the reason was, her application may come back to a standstill the second time. Based on the letter and knowing that decision was made one day after the interview, it seems like the officer was discriminating. On top of that, they were very rude to her husband. If that is the case, a court appeal may bring to light the officer's flaws and mistakes. And I hope the officers get reprimanded and this may straighten them all out to diligently working on our applications without any discrimination.
I think a good immigration lawyer will be most helpful to consult with before applying for the appeal.
They don't have the right to play with our emotions like this and then slap us in the face and think that they can get away with it. Enough is enough! Maybe we should all just sue them.

I remember this case now..husband and wife did not attend the interview together and the husband was treated badly...so if I understand it right, approval or rejection will always be after interview and they don't just send a letter of rejection without any interview?

 

[Desi-girl]

HI,
Though it's my first post, I have been following this Forum for almost past 6 month.

Hot90, I had read you post when you went through an interview. Where they asked you just your age and asked to identify family members at wedding. Even didn't let your husband come inside with you. To me it seem that they had already made a decision to reject your file, but an interview was done for formality.

They should have ask you more question about your relationship to make a sound decision, but this people have no heart. To me you have a strong point to appeal that visa officer didn't do his job, he just ask you questions who answer were already in forms. He was supposed to ask questions that were not cleared are were not in the forms and, that were utmost important to clarified their doubts and make decision.

This is my thoughts. but you should look into all possible help from other forum members who have been here for long and have a PHD in it. But be quick, but be clam to take correct decision as you have 30days.

GOOD LUCK!!!! I wish everything falls in place for you soon.

Hi Kanshi, welcome to the forum. And thank you for joining and sharing your thoughts on your very first post.
Nobody here really has any PhD about all of this. We just learn as we go, and the longer we are on the forum, the more we learn from each other. And it is not possible without all the help and support we find on this forum. It is a very special forum and I am glad you finally joined.

Could you also share your timeline with us please?

App. Filed......:
AOR Received.:
File Transfer...:
Med's Done....:
Passport Req..:
ECAS update..: does it show meds received?
IP.................:

Thanks

 

[Desi-girl]

I remember this case now..husband and wife did not attend the interview together and the husband was treated badly...so if I understand it right, approval or rejection will always be after interview and they don't just send a letter of rejection without any interview?

Yes, First marriage with 10 years age gap. They missed 2 PPRs and found that through GCMS notes way later (I think October) and interview was scheduled Nov 27th (same day as medicals expiring). Husband flew from Canada to support the wife as wife was told that husband can come to the interview but the Officer saw his Canadian passport and didn't allow him to come in. So he sat outside. They asked her a few questions and said they will get in touch soon but didn't take her passport or ask for redoing medicals. Next day DM and then rejection letter

From hot90's post, quesions they asked:
"1. How old are u
2. What is ur husband age
3.what job is ur husband doing
4. My husband was with me but he is sit outside of the room
5.She said i do not want to talk to ur husband
6.what we will do decission we will send u email
7.she returend marriage photographs too which we send our file ask me some relatives in the pic."


Hot90's timeline:
Application sent - Dec 08, 2012
Application received by cic as per tracking - Dec 11, 2012
AOR - Jan 09, 2013
Sponsorship Approval - Jan 11, 2013
Medical done - 16 Nov, 2012
Interview - 27 Nov, 2013
DM - 28 Nov, 2013
Rejection letter received - 6 Dec, 2013

Seems like rejection is only after interview because then the officer can say that he/she assessed the applicant thoroughly.
they can't reject without interview and allowing the applicant to explain his or her circumstances.

 

[kavitha1]

When visa officer said on interview they will send us by email decision of our application why they send by post

not on email

Could you please share your timeline- really sorry to hear this news- dont give up- things will work out

 

[Myrah7]

Yes, First marriage with 10 years age gap. They missed 2 PPRs and found that through GCMS notes way later (I think October) and interview was scheduled Nov 27th (same day as medicals expiring). Husband flew from Canada to support the wife as wife was told that husband can come to the interview but the Officer saw his Canadian passport and didn't allow him to come in. So he sat outside. They asked her a few questions and said they will get in touch soon but didn't take her passport or ask for redoing medicals. Next day DM and then rejection letter

From hot90's post, quesions they asked:
"1. How old are u
2. What is ur husband age
3.what job is ur husband doing
4. My husband was with me but he is sit outside of the room
5.She said i do not want to talk to ur husband
6.what we will do decission we will send u email
7.she returend marriage photographs too which we send our file ask me some relatives in the pic."

I thought as much that this was a rejection....im so disgusted ...if u already have made your mind rejecting ppl then why waste their time by dragging them for 12 months.....rejections shld be given withing the 1st few months so that the applicant and sponsor can go to plan B i.e appeal....(even that is a long process and they know that heartless ppl )

 

[kanshi]

App. Filed......: send by post17th June, 2013, received date 19th June, 2013
AOR Received.: What is this date for????
File Transfer...: 15th July
Med's Done....: Mid May
Passport Req..: 19th August, 2013
ECAS update..: does it show meds received? Nope, only Application received
IP.................:Hope it happen fast as my Husband's birth is in first week of Feb

Hi Kanshi, welcome to the forum. And thank you for joining and sharing your thoughts on your very first post.
Nobody here really has any PhD about all of this. We just learn as we go, and the longer we are on the forum, the more we learn from each other. And it is not possible without all the help and support we find on this forum. It is a very special forum and I am glad you finally joined.

Could you also share your timeline with us please?

App. Filed......:
AOR Received.:
File Transfer...:
Med's Done....:
Passport Req..:
ECAS update..:
IP.................:

Thanks

 

[Myrah7]

Could you please share your timeline- really sorry to hear this news- dont give up- things will work out

hes a dec 2012 applicant !!