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PLEASE HELP!! About sponsorship appeal..

nancyzm

Star Member
Mar 18, 2014
64
0
My husband has been refused his pr application. The reason is he left out in the application that he had been refused from entering UK for working too many hours on a student visa. This was about 7 years ago. In november he had been approved and even got his visa stamped. However 3 days later he recieved an email saying there was a numerical error and they needed to see him. He went to the visa office and they took his passport and crossed off his visa. They asked him why he had not mentioned that he had been refused from the UK. We think someone informed the visa about my husband refusal from the UK. Now I've got the notice for appeal. I know what he did was wrong but Im at a loss as what to do now. We have a 10 month old baby and she still has not met her dad.. What will happen if I appeal and how long will the process take?
 

taffy7

Champion Member
May 23, 2013
2,482
69
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
10th April 2014/June 10th 2014 application complete
Doc's Request.
09 June 2014 same doc's requested again 6th Oct 2014. docs not needed again mistake by cic
AOR Received.
sponsorship approval 05 Aug 2014
File Transfer...
05 Aug 2014
Med's Request
28 July 2015
Med's Done....
30th Dec 2013
Passport Req..
in process 18th July 2015/ DM 5/12/2015
LANDED..........
28/12/2015
I don't have an answer i'm sorry . Will have to let a senior member answer you but i send my best wishes .. hugs :(
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Unfortunately you have provided insufficient information to make any meaningful assesment of why this has occured or what the prognosis is. Please could you provide more details about the visa office that you were processed by, the nationality of your husband and the history behind your relationship/application.

Basically, it seems likely that the visa office is claiming "misrepresentation", but for that to be relevant, it would have to have a material effect of the outcome of the application. If they can make the "misrepresentation" stick, it's a serious problem. Exactly what did the refusal say?
 

scylla

VIP Member
Jun 8, 2010
97,233
23,059
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
I don't see the point in appealing. Appealing works if you believe you have been incorrectly refused. In your husband's case, material information was left off the application and the application was therefore correctly refused. Canada does share information with several countries - so the refused entry likely came up during the background check.

It's really too bad you decided to leave this information off the application. It very likely would have had no impact on the application.

If CIC hasn't made a finding of misrepresentation, then I would submit a new application with accurate information rather than appealing.
 

nancyzm

Star Member
Mar 18, 2014
64
0
zardoz said:
Unfortunately you have provided insufficient information to make any meaningful assesment of why this has occured or what the prognosis is. Please could you provide more details about the visa office that you were processed by, the nationality of your husband and the history behind your relationship/application.

Basically, it seems likely that the visa office is claiming "misrepresentation", but for that to be relevant, it would have to have a material effect of the outcome of the application. If they can make the "misrepresentation" stick, it's a serious problem. Exactly what did the refusal say?
Our marriage was arranged and we got married in july 2012. I came back to Canada at the end of august and after a few weeks found out I was pregnant. My husband is from sri lanka but now works in Dubai. I'm a canadian citizen. He's visa office is Colombo. What is really odd is the they approved his case and gave the visa but 3 days later they found out about his refusal from the UK. The letter I recieved says he is inadmissable to Canada for 2 years unless I appeal.
 

scylla

VIP Member
Jun 8, 2010
97,233
23,059
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
OK - so that changes things. CIC has made a finding of misrepresentation against your husband and this is why he has been given the 2 year ban. It's time to hire a good immigration lawyer so that you can try to get the misrepresentation charge dropped. Good luck.
 

vijay1987

Hero Member
Feb 3, 2014
312
4
Category........
Visa Office......
Colombo
Job Offer........
Pre-Assessed..
App. Filed.......
Dec-2012 Refused 2014- Reopened Jan 2016
Med's Request
Jan-2016
Med's Done....
Feb-2016
Passport Req..
01-2017
VISA ISSUED...
5-2017
LANDED..........
Hoping soon
Hi it looks like my case...i was in uk from 2009 to 2012 at that time i had a problem with a drunken girl and police came and took us and they gave caution for for fight with that girl. Then i got married on 2013 aand my wife is from canada My case got reject because they said i had a criminal conviction which i didnt mention on my application but seriously my wife submited the application with the help of lawyer he said it is a caution so i dont need put yes for the question (hav u had any criminal conviction? ) v did the same which he said but now it has rejected because of that .....and also they said it is a misrepresentation ,, do not enter into canada for two years!!!!!!!. I dont know what to do now!!!!!!!! Plz help me guys ..... It i frustating now!!!!
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
If you accept a Police Caution in the UK, it's a admission of guilt. Effectively, it's a "conviction" without penalty.
You would have been asked if you will accept the caution or if you want to go to court instead.

http://en.wikipedia.org/wiki/Police_caution
 

vijay1987

Hero Member
Feb 3, 2014
312
4
Category........
Visa Office......
Colombo
Job Offer........
Pre-Assessed..
App. Filed.......
Dec-2012 Refused 2014- Reopened Jan 2016
Med's Request
Jan-2016
Med's Done....
Feb-2016
Passport Req..
01-2017
VISA ISSUED...
5-2017
LANDED..........
Hoping soon
zardoz said:
If you accept a Police Caution in the UK, it's a admission of guilt. Effectively, it's a "conviction" without penalty.
You would have been asked if you will accept the caution or if you want to go to court instead.

http://en.wikipedia.org/wiki/Police_caution
So wat ur trying to say bro ....... Ehat i hav to do ... If i appeal thn how long its gonna take?
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
What I'm trying to say is that your lawyer gave you bad advice. I'm explaining exactly what a Police Caution really is, and why CIC got upset about it being missed off the application. You can try to appeal, but on what basis? CIC haven't made an error...

You can either, find a better lawyer and try an appeal, or wait for two years and reapply. Not sure there are any other choices.
 

vijay1987

Hero Member
Feb 3, 2014
312
4
Category........
Visa Office......
Colombo
Job Offer........
Pre-Assessed..
App. Filed.......
Dec-2012 Refused 2014- Reopened Jan 2016
Med's Request
Jan-2016
Med's Done....
Feb-2016
Passport Req..
01-2017
VISA ISSUED...
5-2017
LANDED..........
Hoping soon
zardoz said:
What I'm trying to say is that your lawyer gave you bad advice. I'm explaining exactly what a Police Caution really is, and why CIC got upset about it being missed off the application. You can try to appeal, but on what basis? CIC haven't made an error...

You can either, find a better lawyer and try an appeal, or wait for two years and reapply. Not sure there are any other choices.
Ya im gonna appeal and do u know how long it is gonna take?
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
vijay1987 said:
Ya im gonna appeal and do u know how long it is gonna take?
No idea. Sorry..
 

Alurra71

VIP Member
Oct 5, 2012
3,238
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
vijay1987 said:
Ya im gonna appeal and do u know how long it is gonna take?
If I were you, I would wait and then reapply because you are going to appeal and find that CIC made a good decision based on the information they had. Because your lawyer told you not to is not going to be accepted as you are fully responsible for what is contained within the application even if it is not correct. Appealing a case is USUALLY done if CIC has erroneously determined the PR applicant should be denied. Based on your own admission that it did in fact happen, they didn't erroneously deny you.

Either way, good luck and buckle up, because it is going to take 'years' either way. They don't do appeals quickly at all.
 

nancyzm

Star Member
Mar 18, 2014
64
0
So I went to see a lawyer saying how since we have a child it might not take so long to appeal. What is the normal cost for a lawyer for appeals? The lawyer i talked to said if its alternative dispute resolution it would be around $2500 but if it goes to a hearing then it would be $4500.. Is that too much??
 

vijay1987

Hero Member
Feb 3, 2014
312
4
Category........
Visa Office......
Colombo
Job Offer........
Pre-Assessed..
App. Filed.......
Dec-2012 Refused 2014- Reopened Jan 2016
Med's Request
Jan-2016
Med's Done....
Feb-2016
Passport Req..
01-2017
VISA ISSUED...
5-2017
LANDED..........
Hoping soon
Alurra71 said:
If I were you, I would wait and then reapply because you are going to appeal and find that CIC made a good decision based on the information they had. Because your lawyer told you not to is not going to be accepted as you are fully responsible for what is contained within the application even if it is not correct. Appealing a case is USUALLY done if CIC has erroneously determined the PR applicant should be denied. Based on your own admission that it did in fact happen, they didn't erroneously deny you.

Either way, good luck and buckle up, because it is going to take 'years' either way. They don't do appeals quickly at all.
ok if i want to wait means how long i need to wait and reapply? ru suggesting me to wait for 2year and reapply?