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Please Help!

Aug 20, 2010
18
0
Already in talks with one, So use the lawyer for the appeal from there on in....?

If my application is in London, and i was refused in London would i be applealing the lodge in the London office? Or missisguia?
 

tgchi13

Hero Member
Nov 25, 2009
452
22
Ontario Canada
Category........
Visa Office......
NY via Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
June 08
File Transfer...
05 August 08
Med's Request
April 08
Med's Done....
June 08
Interview........
12 Nov 09
Passport Req..
none
VISA ISSUED...
refused Nov 09
On what basis do you believe your human rights have been violated that you can appeal? You've not yet addressed that.
 
B

buddhadimple

Guest
You have no basis to appeal. You broke the law, and the rule of immigration is that if you break the law (esp with such a serious offence), that you must wait 5 years to gain Rehabilitation status. There's no way to get around it, sorry. They're not going to re-write Immigration Law just because you would rather live in Canada with your wife. I live in the UK now and Canada's laws and systems are much tougher in my opinion. This isn't some rejected JSA claim where you can just ask it to be re-considered or appealed on some vague Human Rights claim. You have to take responsibility for your actions and accept the consequences. You drove drunk, got caught, got a record, and broke the rules for entering Canada. Full stop.
 

sbwv09

Hero Member
Feb 18, 2010
869
42
Category........
FAM
Visa Office......
Buffalo/NYC
App. Filed.......
May 17, 10
File Transfer...
June 22, 10/August 31, 10 (to NYC)
Med's Done....
April 6, 10
Passport Req..
September 13, 10
VISA ISSUED...
9/28, Received 10/21
LANDED..........
10/22/10
Trying, it's not that people here don't sympathize with you, but you have to understand that CIC really doesn't care that much about keeping spouses apart. They turn people down every day that have no criminal background and who have legitimate relationships without giving them much reason at all. They drag applications out over months and years with no regard to how it affects our lives.

You committed a serious crime and Canada will not admit you. That is their right as a nation. I know that everyone makes mistakes, but understand that you are still in a much much better place than most people. Your spouse can join you in the UK. Many people have to make the choice to leave minor children behind or to live in a third world country or other difficulties. You still have many more options than others who are trying to join their spouse in Canada.

The only way that an appeal can win is if you prove that they were wrong in rejecting your application. They say right off the bat that people with serious crimes aren't admitted unless they meet the requirements of rehabilitation, which you have yet to do. Therefore, they haven't done anything wrong and you wouldn't win the appeal.

Once in a blue moon someone might get a humanitarian/compassionate appeal, but since your spouse can easily join you in the UK, which isn't a bad place to live from what I've heard, it's highly highly doubtful.
 
Aug 20, 2010
18
0
Thanks for your reply!

Much appreciated, youre quite right, time to call the Mrs back as i see it.

My question lies: My Mrs comes back does she still gain PR residence in Canada?

Which way would see her still getting PR status?
 

tgchi13

Hero Member
Nov 25, 2009
452
22
Ontario Canada
Category........
Visa Office......
NY via Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
June 08
File Transfer...
05 August 08
Med's Request
April 08
Med's Done....
June 08
Interview........
12 Nov 09
Passport Req..
none
VISA ISSUED...
refused Nov 09
I hope you can a get a legitimate response. To my mind, you are being greedy and this is not about being with your partner so much as being in Canada.

I hope some one else can assist as I am done here - you have no need to be in Canada. Again, good luck.
 

sbwv09

Hero Member
Feb 18, 2010
869
42
Category........
FAM
Visa Office......
Buffalo/NYC
App. Filed.......
May 17, 10
File Transfer...
June 22, 10/August 31, 10 (to NYC)
Med's Done....
April 6, 10
Passport Req..
September 13, 10
VISA ISSUED...
9/28, Received 10/21
LANDED..........
10/22/10
You're right that she may lose her PR status in Canada if she isn't there the required time.. I think it's 3 out of 5 years. I don't know much about this aspect.
 

BeShoo

Champion Member
Jan 16, 2010
1,212
36
Gatineau
Category........
Visa Office......
CPP-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
29-01-2014
AOR Received.
28-02-2014
File Transfer...
03-03-2014
Med's Request
19-06-2014
Med's Done....
07-08-2014
Interview........
None
VISA ISSUED...
02-04-2015
LANDED..........
13-04-2015
Read these. They will give you a feel for whether humanitarian and compassionate grounds might apply. I supect that unless you have a child you need to care for, there is probably little chance of an appeal succeeding:

http://www.canlii.org/eliisa/search.do?language=en&searchTitle=Federal+-+Immigration+and+Refugee+Board+of+Canada&sortOrder=relevance&searchPage=eliisa%2FcourtSearch.vm&t=cisr&jurisdiction=ca&text=%22humanitarian+and+compassionate%22+%22driving+under+the+influence%22&id=&startDate=&endDate=
 

Aroundtown22

Star Member
Mar 17, 2009
110
1
Category........
Visa Office......
Berlin
Job Offer........
Pre-Assessed..
App. Filed.......
13-09-2010
AOR Received.
N/A
File Transfer...
14-10-2010
Med's Request
25-10-2010
Med's Done....
15-08-2010
Interview........
Waived
Passport Req..
15-11-2010
VISA ISSUED...
26-11-2010
Just out of curiosity.. how long has your wife been living in Canada as a PR? She may be able apply for citizenship over the next 2 years which would make your application go a little smoother once you've been rehabilitated in 2 years. Also, once she becomes a citizen, she can leave Canada to be with you without worrying about losing the opportunity to become a citizen.
 
Aug 20, 2010
18
0
She has been there three years now...

I think i have a case of appeal, as i have refrences, and have attended drink driving course and am back on the road since last year. My lawyer advises me it is worth putting a appeal in but to collate all information which will show what kind of character i am.

If im refused and my spouse decides to stay in Canada for 2 more years would it be worth reapplying then?
 

lonelycanadianwifey

Hero Member
Jan 25, 2009
876
23
124
Canada
Category........
Visa Office......
Kingston,Jamaica
Job Offer........
Pre-Assessed..
App. Filed.......
18-12-2008
Doc's Request.
19-03-2009
AOR Received.
26-02-2009
File Transfer...
01-07-09
Med's Request
11-11-2009
Med's Done....
16-12-2009
Interview........
Waived
Passport Req..
02-02-10
VISA ISSUED...
02-12-10
LANDED..........
02-28-10
Hi

No offence so please dont take offence to this ....I have been reading this thread and i just all of a sudden wanted to pipe and and say something ...In addimissabily are strick strick strick rules that immigrations goes by ...The fact that you have a conviction 3 years ago for drunk driving is SERIOUS wether or not you are clean sober and driving again ...They go by the 5 year bench mark not wether or not you went to AA and you promise never to do it again ...Unfortunatly and i say this lightly Lawyers will say they can help you to you especially IMM lawyers ..Its all about the money ..But they cannot PUSH the LAW with the government of canada ..They have rules for IMM here and you are not deemed qualified your not qualified for PR ...Until 5 years have past since that conviction ...There is no way around it at all with or without a lawyer ..


I mean if your a rich man and you have money to throw around the place then go for it ...But appeals are costly and so are lawyers ...But what most of the members are telling you here is very facutal info regarding a appeal that you WILL not win ...

Its very sad you cannot join your wife in canada but you will have to wait it out ...And reapply when 5 years has occured ..UK is not a bad place man ....Have your wife come back to UK for a little bit ...wait it out there are options here ...although because of her pr there are restrictions how much time she is allowed out of canada in 5 years ..But if you have a will there is a way ..But laws are laws and canada will enforce it to the bitter end!!
 

sbwv09

Hero Member
Feb 18, 2010
869
42
Category........
FAM
Visa Office......
Buffalo/NYC
App. Filed.......
May 17, 10
File Transfer...
June 22, 10/August 31, 10 (to NYC)
Med's Done....
April 6, 10
Passport Req..
September 13, 10
VISA ISSUED...
9/28, Received 10/21
LANDED..........
10/22/10
Trying to be with my Wife said:
She has been there three years now...

I think i have a case of appeal, as i have refrences, and have attended drink driving course and am back on the road since last year. My lawyer advises me it is worth putting a appeal in but to collate all information which will show what kind of character i am.

If im refused and my spouse decides to stay in Canada for 2 more years would it be worth reapplying then?
Keep in mind too, that a lawyer will charge a lot of fees for mounting such an appeal, so it may be in his/her interest to tell you to go for the appeal. Many people wait well over a year to even get into court for their appeal, so you may just be better off waiting the 2 years and applying again. It wouldn't even save you that much time, because even if your appeal was won, you would have to go through the PR process all over again, so it would probably be about 2 years to wait anyway.. except that you are out of thousands of dollars in lawyer's fees.