Oh is it? Im gonna go crazy now... I just filled the appeal... My wife said she gave 500$ just for consulting appeal and the lawyer only filed my apeal but i think he will charge only after receiving the reply leter!nancyzm said:
PLEASE HELP!! About sponsorship appeal..
- Thread starter nancyzm
- Start date
An appeal could take that long and longer. There are some folks who have been waiting just for a 'date' for their appeal for well over a year now. It is ultimately your choice, because it is your file, however, I think most would agree if they were in this position it would be easier to not appeal your current application and then to wait and reapply. Waiting is never easy, but either way, you are going to have to do it.vijay1987 said:
Aquarian
Hero Member
- Jun 10, 2013
- 9
- Category........
- Visa Office......
- Paris, France (Algeria)
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 08-05-2013
- AOR Received.
- Received only when we made request
- File Transfer...
- 31-05-2013
- Med's Request
- 11-07-2013 (Meds passed)
- Med's Done....
- 19-02-2013
- Interview........
- 01-10-2013
- Passport Req..
- 01-10-2013
- VISA ISSUED...
- 01-10-2013
- LANDED..........
- 05-02-2014
I cannot imagine what you must be going through, however, although you have a child together, they will almost certainly still refuse the appeal. The ADR will refuse it, it will then go to court, where upon it will most likely get refused again. Once refused by the courts, game over. In either case, you will wait a long time to just get a date for the appeal. It will be very hard, but you should really wait the two years and complete the application properly. Your chances of approval will be much higher. Good luck....Keep us posted
nancyzm said:
M
mikeymyke
Guest
I don't think your lawyer can do anything about that, because your husband was found to have misrepresented his criminal history intentionally. Appeals really only work if someone made an error. Also, CIC doesn't appear to be questioning your relationship's genuineness, but rather the misrepresentation, so having a child won't really help.nancyzm said:
why will they refuse it??? He doesn't have a criminal record. He worked while he had a student visa. Once he went to visit sri lanka and came back they refused him entry because of that. What I dont understand is why didn't they check all the background stuff before they gave him the visa. I know he is at fault but I don't know what to do.. I don't want to waste all this money on the lawyer if it will get refused..Aquarian said:
1) He obviously doesn't respect immigration law and 2) more importantly, he deliberately lied to CIC in his application.nancyzm said:
CIC takes a very hard line with people who lie on their applications. It's called misrepresentation and it is actually a criminal offence in Canada. http://www.cic.gc.ca/english/information/protection/fraud/document.asp
Sorry, but that's how it is...
He never lied about it. He didn't alter or change any documents. He didn't do anything deliberately he just listened to an idiot lawyer and didnt check it.. is there any chance of winning this appeal? Please all I ask is for some sympathy. I had to go through my pregnancy alone and raising my baby alone. I don't want her to grow up without her father here. We don't have an alternative to live in sri lanka because my husband doesnt have any job opportunities there.zardoz said:
I'm sorry, but a "lie of omission" is still a lie. Case law in Canada has shown that it is the applicant's responsibility, even if given bad advice by a lawyer.nancyzm said:
You have a small chance of winning an appeal based solely on H&C grounds but that is all. The Visa Office, from the information that you have provided, made the correct decision, possibly as the result of a late tip-off.
As I see it, you have three choices. Appeal, wait for the ban to expire, take your chances in Sri Lanka.
I have sympathy for you, but to be honest, not for your husband. I am from the UK, where we see lots of immigration fraud by students..... The UK is starting to clamp down on this blatant abuse of the UK's generosity and your husband was unlucky to be caught the first time. When dealing with immigration a second time, he should have been much more careful to be 100% honest. He wasn't and now it's you and your child that are paying the price.
I really am sorry for you.
Aquarian
Hero Member
- Jun 10, 2013
- 9
- Category........
- Visa Office......
- Paris, France (Algeria)
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 08-05-2013
- AOR Received.
- Received only when we made request
- File Transfer...
- 31-05-2013
- Med's Request
- 11-07-2013 (Meds passed)
- Med's Done....
- 19-02-2013
- Interview........
- 01-10-2013
- Passport Req..
- 01-10-2013
- VISA ISSUED...
- 01-10-2013
- LANDED..........
- 05-02-2014
Misrepresentation is misrepresentation, whether it was on the advice of a lawyer or not. The application was signed by him; he is responsible for it. Yes, what is the worst is that a lawyer advised you, paying him a fortune to boot.
However, you could do some research or find another lawyer and ask him if they are allowed to scratch out the visa once it is in the passport. Perhaps there is a rule on that...
Otherwise....you have to look at it this way: you either wait the 2.5-3 years (ban et processing time) for him to be with you, or appeal it and wait 2 years only to find out that he can NEVER be with you.
You have my sympathy. Right now, you must think of you and your baby's health, not going through an appeal and all the stress that comes with it. Priority is your child. Accepting what happened is the best thing to do right now. Wait the two years. Pregnancy is a very special time; focus on it and cherish it. This is a special time and it will fly by fast. Get images of the pregnancy and send it to your husband. Take videos and pictures of the baby and send it to him. There are other couples who could not be together until the child was older...they got through it, and so will you.
We wish you all the best...Keep us posted.
However, you could do some research or find another lawyer and ask him if they are allowed to scratch out the visa once it is in the passport. Perhaps there is a rule on that...
Otherwise....you have to look at it this way: you either wait the 2.5-3 years (ban et processing time) for him to be with you, or appeal it and wait 2 years only to find out that he can NEVER be with you.
You have my sympathy. Right now, you must think of you and your baby's health, not going through an appeal and all the stress that comes with it. Priority is your child. Accepting what happened is the best thing to do right now. Wait the two years. Pregnancy is a very special time; focus on it and cherish it. This is a special time and it will fly by fast. Get images of the pregnancy and send it to your husband. Take videos and pictures of the baby and send it to him. There are other couples who could not be together until the child was older...they got through it, and so will you.
We wish you all the best...Keep us posted.
nancyzm said:
I should also mmention that the legislation is in place to increase the ban for misrepresentation to 5 years. This is how seriously it is viewed. Just as well that this clause is not active yet.....
SenoritaBella
VIP Member
- Jan 2, 2012
- 194
- Category........
- Visa Office......
- Dakar
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 08-01-2014
- AOR Received.
- 12-02-2014
- File Transfer...
- 25-02-2014
- Med's Request
- 02-11-2015
- Med's Done....
- 18-09-2013
- Passport Req..
- 02-11-2015
- VISA ISSUED...
- hopefully soon
- LANDED..........
- hopefully soon
Was this a lawyer who specialises in immigration or one who just 'dabbles' in it but has a different specialty? That makes a big difference. I sympathize with your situation... unfortunately, CIC applies the misrepresentation charge regardless of whether it was deliberate or due to poor legal advice.
Course of action:
1. you have a right to appeal - to succeed, you need to show that the visa officer made an error. The fact here is he answered 'No' instead of 'Yes', CIC is not concerned with how it happened. Appeals can take years. Even if you plan to appeal, fire that lawyer you have and find another one.
2. you can wait for the 2 year ban to over and do your best to maintain your relationship. Others have mentioned taking photos/videos of the baby and sharing with your hubby. This will constitute additional evidence when you re-apply.
3. make plans to visit your hubby as often as possible. Going many years without visiting him would not be good.
4. if you are on maternity leave and receiving maternity EI benefits, find out from service canada if you still receive your benefits while you are overseas visiting your husband.
Best wishes.
Course of action:
1. you have a right to appeal - to succeed, you need to show that the visa officer made an error. The fact here is he answered 'No' instead of 'Yes', CIC is not concerned with how it happened. Appeals can take years. Even if you plan to appeal, fire that lawyer you have and find another one.
2. you can wait for the 2 year ban to over and do your best to maintain your relationship. Others have mentioned taking photos/videos of the baby and sharing with your hubby. This will constitute additional evidence when you re-apply.
3. make plans to visit your hubby as often as possible. Going many years without visiting him would not be good.
4. if you are on maternity leave and receiving maternity EI benefits, find out from service canada if you still receive your benefits while you are overseas visiting your husband.
Best wishes.
nancyzm said:
This really is a bummer, you have my complete sympathy. I know how harsh this outcome seems, when I was applying I had to make a similar decision about the 'denied entry, deported' clause, and when you're faced with it, it feels like telling the truth is going to cause your application to be rejected; you convince yourself that you weren't 'really' deported, or 'arrested' (as the other person in this thread did), and sometimes a visa refusal is as simple as not getting a long-term visa and going as a tourist instead, so you forget about the initial refusal. For us, having a lawyer who could simply say 'put it down, they don't care' saved a potential disaster. They should put out a fact sheet with a few common scenarios on it (visa-on-arrival denied, etc. etc.).
And it also seems harsh, to me, that the appeal is a totally technical process, not something where you can present evidence of an imbalance between intent (in this case, bad legal advice) and results (total destruction of future plans and current life); but that's the difference between justice and administration. If it were different, processing of applications would never end; but sometimes that end really causes unnecessary damage. The fact that it's not CIC's fault doesn't, at least for me, change the basic sadness in this outcome.
And it also seems harsh, to me, that the appeal is a totally technical process, not something where you can present evidence of an imbalance between intent (in this case, bad legal advice) and results (total destruction of future plans and current life); but that's the difference between justice and administration. If it were different, processing of applications would never end; but sometimes that end really causes unnecessary damage. The fact that it's not CIC's fault doesn't, at least for me, change the basic sadness in this outcome.
yes this is what my husband went through. The lawyer told him it would do no good to put that in the application. Now we are in this mess. Thank you for understanding, for myself I'm okay but the thought of my daughter not having her father is really hard. At least she is still a baby and won't remember any of thison-hold said:
