PLEASE READ AND HELP, I AM DESPERATE

[mrsislamaj24]

HI EVERYONE, I HAVE FOLLOWED THIS FORUM SINCE DAY ONE FOR ADVICE AND NOT TO FEEL ALONE. NOW I AM POSTING BECAUSE I AM DESPERATE, ANGRY, AND JUST SO DRAINED. THE LONELINESS OVERWHELMS ME. BELOW IS THE TIMELINE OF MY HUSBAND AND MYSELF. WE HAVE BEEN APART SINCE JUNE OF 2013, AND WE ARE SO TIRED AND SO CONFUSED WITH WHAT IS GOING ON, WE ALMOST FEEL DEFEATED. I AM ANGRY WITH IMMIGRATION AND HONESTLY THE HOPE I HAD FOR THEM TO BE WITH ME AND NOT AGAINST ME. I AM ANGRY THAT WE ARE STILL APART BUT HAVE MET EVERY SINGLE DAMN THING REQUIREMENT NOT ONCE BUT TWICE ALREADY.

I DON'T KNOW WHAT TO DO, UP UNTIL THE FIRST REFUSAL I DEALT WITH OUR CASE BUT WHEN WE GOT REFUSED I FELT I DIDN'T HAVE ENOUGH EXPERIENCE TO DO A AN APPEAL SO WE HIRED A LAWYER ( EX VISA OFFICER FOR THE INLAND SPONSORSHIP PROCESSING UNIT ). I FEEL MY RESEARCH ON IMMIGRATION LAW, SHE SHOULD BE DOING MORE FOR US. WE SHOULD HAVE A MEMBER OF PARLIAMENT INVOLVED AND I WANT MY HUSBAND AND I TO BE HEARD. IM ANGRY! MY LAWYER HAS DONE NOTHING FOR US, I FEEL SHE COULD DO MORE. AND SHOULD HAVE DONE MORE SO THAT WHEN WE GOT DENIED IT WAS NOT FOR NOT HAVING A CHILD.

I NEED ADVICE, I AM JUST EXHAUSTED AND I HAVE LITERALLY NO HOPE LEFT. WE WERE SO CLOSE THAT I THOUGHT MY HUSBAND WOULD BE HOME FOR CHRISTMAS, INSTEAD THE SAVINGS FOR THAT SPECIAL TIME HAS NO GONE TO ANOTHER APPEAL AND ANOTHER VISIT BACK TO EUROPE.


WERE TIRED! SO PLEASE IF ANYONE CAN GIVE ANY ADVICE ON WHAT I SHOULD DO, WHO I CAN CONTACT HIGHER UP, HOW TO GO ABOUT IT? PLEASE PLEASE LET ME KNOW. WE APPRECIATE IT A LOT. THANK YOU

---- TIMELINE -----


March 26, 2014 - Rome received application for out land spousal sponsorship
August 16, 2014 – Received request from the Rome Embassy Visa Section to apply for an authorization to return to Canada. My husband was deported June 6, 2013 from the Non Criminal Unit with CBSA in Vancouver.
March 11, 2015 – Interview with Visa officer from Rome in Albania (I attended because I was already with my husband there)
May 15, 2015 – Refusal of Spousal Sponsorship under regulation 4(1)
May 26, 2015- Refusal of Authorization to return to Canada under section A36
June 4, 2015 – Received letter of refusal via email
June 8, 2015 –Applied to appeal refusal
APPEAL HEARING WAS SET TO BE March 21, 2016
March 4, 2016- Minster cancelled upcoming appeal and allowed the appeal due to an error of law in the reasoning of denial and that is was legally invalid that a visa was refused.
April 5. 2016 – Received letter from CPC-Ottawa stating the minster has allowed our appeal and our file will now be re processed through CPC-Ottawa.
Also we were asked for to submit all documents for an “application kit” such as,
Updated forms, bio metrics page of passport, updated record checks, right of permanent resident fee, medical examination, and 2 passport photos.
July 18, 2016 – Received letter from CPC-Ottawa asking to repay the 400.00 fee for authorization to return to Canada
October 19, 2016 – Refusal for authorization to return to Canada under section 52(i)
October 26.2016 – Sponsorship refusal under subsection 51(1) and 11(1) (for not having children ???? )
November 16.2016 – Sent notice of appeal for second appeal
January 23.2017- Still apart and waiting for the appeal record

 

[tacitus77]

Maybe a senior forum member can provide more help, but in my opinion you should try contacting your local MP and see if they can help.

Good luck, best wishes.

 

[canadianwoman]

I also think contacting your MP's office and asking for help is a good idea.
Could you give us more details of why they refused? What exactly did the refusal letter say?

 

[profiler]

The MP is your best alternative here. The ex-Officer should have known better what vulnerabilities your case may have had.

The MP can be contacted directly by any constituent. The good MP offices will also manage all communications with CIC for you as well...

 

[jeffporfirio1]

Why did they refuse you application for sponsorship?
Also please, no CAPS, thanks

 

[CDNPR2014]

October 26.2016 – Sponsorship refusal under subsection 51(1) and 11(1) (for not having children ???? )

can you provide the language that specifically speaks to being denied because you don't have children or a link to see the language for these subsections you are referencing? I am not seeing anything related to having children when I look these subsections up in the IRPA.
is the IRPA not the document you are referencing in your post? is there a document specific to appeals i'm missing?

in the IRPA the sections mentioned for rejection seem to fall under entering canada without a visa and removal orders:

here is section 11.1 of the IRPA:

Application before entering Canada

11 (1) A foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

there is no section 51.1 of the IRPA. There is a section 51 and a section 52.1:
Void — permanent residence

51 A removal order that has not been enforced becomes void if the foreign national becomes a permanent resident.

Marginal note:No return without prescribed authorization

52 (1) If a removal order has been enforced, the foreign national shall not return to Canada, unless authorized by an officer or in other prescribed circumstances.



Do you have the refusal letter? if so, it may be worth copying/pasting it without your personal information so we can confirm the reason the application was denied.