Permanet Residence application refused

[Material]

That's just semantics. The VO is using a different (but correct) word to say the same thing. But I totally see why this would be confusing. Sigh. CIC says this is so easy yet they confuse everybody themselves! Anyway, See OP Manual 2, page 20, section 5.25:

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

Thanks for the heads up !! will go through the link provided to try and understand it better

 

[kdr]

Did you have an interview Baz1941??? DO you know of any "issues" that would have caused red flags or are you completely shocked???

 

[kdr]

And also wondering if you were sent any fairness letters or request to send in additional documents or proof?

 

[Material]

Baz

Here is what you can do right now :

1.Order your CAIPS notes (they might have details on why the officer doubted you relationship.

http://immipedia.ca/Ordering_FOSS_and_CAIPS_notes

2.Gather as much proof as possible about your relationship and have it ready proof such as (joint bank accounts , joint assets, benificiaries,wills, letters from friends and family, pictures....etc) this will help you get ready for either the appeal or to submit a new app

3.Do some research on appeals the link I provided previousley has many cases of appeals where some have been approved and some are dismissed. it shows all the details of why casses are approved or dismissed

4.Decide if you want to go through with the appeal or not.

Good luck

 

[doctorkb]

What, now they want proof of conjugality?

Time for some amateur pr0n to be sent along with applications, I guess!

 

[rjessome]

Baz

Here is what you can do right now :

1.Order your CAIPS notes (they might have details on why the officer doubted you relationship.

http://immipedia.ca/Ordering_FOSS_and_CAIPS_notes

2.Gather as much proof as possible about your relationship and have it ready proof such as (joint bank accounts , joint assets, benificiaries,wills, letters from friends and family, pictures....etc) this will help you get ready for either the appeal or to submit a new app

3.Do some research on appeals the link I provided previousley has many cases of appeals where some have been approved and some are dismissed. it shows all the details of why casses are approved or dismissed

4.Decide if you want to go through with the appeal or not.

Good luck

Not yet. He needs to respond about whether or not he was interviewed. If he wasn't, I would write directly to the program manager, requesting an interview because the VO may not have followed the rules of procedural fairness. If he has been interviewed, then I would still probably request a reconsideration of the program manager. There are time limits he must abide by so he has to act quickly and still preserve his right to appeal.

 

[RobsLuv]

The legal marriage only makes you eligible to be sponsored - you still have to submit evidences and documentation supporting the fact that your relationship is not just about getting into (or staying in) Canada. Apparently you did not convince the visa officer that your marriage is a genuine, conjugal partnership.

Whether to apply again or to appeal depends on what evidences you did provide - if any. As I mentioned before: if you simply didn't realize the need to provide supporting evidence of your "genuine" relationship, you may want to just start over again and be more prepared on a new application. If you did provide lots of proof, and you even had an interview, and they still didn't believe you were "genuine", an appeal would be the way to go - because in an appeal, humanitarian and compassionate discretion can be applied where a lack of solid evidence exists.

 

[Material]

Here is a thread for people going through with the appeal process :

http://www.canadavisa.com/canada-immigration-discussion-board/how-many-in-the-midst-of-the-appeal-process-t40864.0.html

 

[felicity01]

The important thing is why your application was refused. Typically a spousal application is refused for one of two reasons: they don't believe the relationship is "genuine" - in other words, you did not provide enough proof with the application supporting your relationship and they assume that you are only in it to get into Canada, but normally they will invite you to attend an interview first, before refusing for that reason. The second reason for refusal is that the applicant (or an accompanying family member) is medically or criminally inadmissible to Canada. Spousal applicants and their dependent family members are excessive medical demand exempt - except in cases where an illness poses a threat to Canadian public health and safety. So, in most cases, refusal of a spousal ap for inadmissibility is about a criminal conviction - sometimes one which the applicant felt was totally insignificant or a "mistake" made when young and stupid. When Immigration Canada gets involved, though, those things come back to bite.

So - again - everything depends on the reason for the refusal. If you simply didn't realize the need to provide supporting evidence of your "genuine" relationship, you may want to just start over again and be more prepared on a new application. If you did provide lots of proof, and you even had an interview, and they still didn't believe you were "genuine", an appeal would be the way to go - because in an appeal, humanitarian and compassionate discretion can be applied where a lack of solid evidence exists. If you are somehow criminally inadmissible to Canada, that's a bigger issue. The particulars of your case would have to be examined by someone qualified to make a recommendation in regards to whether or not you are at a point where you'd be eligible to apply for Rehabilitated status - and then file a new PR application; or if the situation was such that they might consent to allow an appeal on humanitarian and compassionate grounds. It's not a science - the particulars in such case would have to be carefully considered. My immediate advice - either way - would be this: have your wife fill out and submit the request for appeal. It does not lock her into that avenue - it simply preserves the option and gives the two of you time to consult with someone and decide how to move forward.

Again, for our purposes here, we really need to know what paragraph of the IRPA was cited in support of your refusal, and on what grounds. That will help us try to help you figure out how to move forward. Also, if you tell us which province your wife is in, we can tell which IAD office would handle her appeal and give you a general idea of how long to expect it would take. Having been through this myself, I feel your pain. But all is not lost. I disagree, to some extent (again, dependent on the reason for the refusal) with what you've been told about there not being much chance of success with an appeal. Most spousal appeals are, actually, allowed because of humanitarian and compassionate discretion. Again, it really depends on the reason for refusal. Feel free to PM me if you want your reason for refusal to remain private.

Hello Robsluve

I was wondering if you could give me some hints, since your experience is valuable.

We have filed our appealing request last november and now we've just received the CAIPS, now we would like to know what is the average waiting time to know if you will be taken to go through ADR and if you would at least be considered for such a process. We dont want to go to the AID full hearing cause is a very long wait, the bard with our case is Vancouver Board

Thanks a lot have a great day

 

[baz1941]

Hi again everyone.
To clarify.
I have NOT had an interview, neither have I been requested by the High Commission in London UK, to attend for an interview.
I did have a letter in January 2011 requesting "proof of ongoing marital relationship with your sponsor".
I forwarded documentation, anniversary cards, birthday cards etc., invoices for presents that I'd sent to my wife in Canada, telephone statements showing daily phone calls, also I set up a email account and imported all our emails into that account for immigration to peruse. (The non-racy ones!).
What else can I do? I'm given the impression that you have to remain in your own country while the permanent residence part of the application is being processed, so what else can one do to provide further proof?

 

[scylla]

Did you print any of the emails?

They definitely would not have looked at the emails online. Only hard copy (printed proof is accepted). Anything else is ignored.

That sucks you didn't even have an interview. Seems very unfair...

 

[rjessome]

Hi again everyone.
To clarify.
I have NOT had an interview, neither have I been requested by the High Commission in London UK, to attend for an interview.
I did have a letter in January 2011 requesting "proof of ongoing marital relationship with your sponsor".
I forwarded documentation, anniversary cards, birthday cards etc., invoices for presents that I'd sent to my wife in Canada, telephone statements showing daily phone calls, also I set up a email account and imported all our emails into that account for immigration to peruse. (The non-racy ones!).
What else can I do? I'm given the impression that you have to remain in your own country while the permanent residence part of the application is being processed, so what else can one do to provide further proof?

You need to write to the Program Manager ASAP. I'm sending you a PM with instructions.

 

[baz1941]

Message for rjessome.
Many many thanks for the PM you sent me and for the instructions within.
Will do as you suggest.
Fingers crossed.
Any chance you could send me another PM with email address?