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Re apply for sponsorship for spousal

LMachaco

Newbie
Mar 7, 2016
4
0
Hi regarding my previous questions if I re apply again for the sponsorship for my husband, Do I received a letter that I cannot sponsor (re judicata) again since it was dismissed from federal court? I have a new evidence...Please tell me I long do I have to wait before I sponsor my husband, after all we been married for 5 years. What do I have to do this time.


Regards,


LMachado
 
M

mikeymyke

Guest
Well, if you re-apply again, it doesn't exactly mean you have a brand new start and they'll forget about your previous application. They'll still remember the reasons for refusal from the previous application, and you'll have to provide extremely strong proofs to convince them this time around. You'll likely get another interview yet again, so be prepared to wait for that one as well.
 

jomz

Hero Member
May 3, 2011
723
53
LMachaco said:
Hi regarding my previous questions if I re apply again for the sponsorship for my husband, Do I received a letter that I cannot sponsor (re judicata) again since it was dismissed from federal court? I have a new evidence...Please tell me I long do I have to wait before I sponsor my husband, after all we been married for 5 years. What do I have to do this time.


Regards,


LMachado
Not sure what the first refusal was based on, but you are likely to be refused again and you can again appeal, however likely before appeal proceeds you and your counsel will be asked for written submissions showing why res judicata does not apply to your case. Review this case to see what IAD will be looking at to make a determination.
https://www.canlii.org/en/ca/irb/doc/2014/2014canlii94064/2014canlii94064.html?searchUrlHash=AAAAAQAMcmVzIGp1ZGljYXRhAAAAAAE&resultIndex=3

There are many other cases you may want to review and determine is you have any chance with another application and appeal.

You can find the cases here:

https://www.canlii.org/en/ca/irb/#search/type=decision&ccId=cisr&text=res%20judicata&origType=decision&origCcId=cisr
 

jomz

Hero Member
May 3, 2011
723
53
And yes I have to agree with Aquakitty, do some research and with it being very likely you will not succeed in sponsoring your spouse to canada you must look to move to your spouses country or a 3rd country. See if you can get PR in another country via a point system. There are always options, maybe not ideal but that's just part of our life struggles.
 

Aquakitty

VIP Member
Mar 21, 2011
3,014
164
BC
Category........
FAM
Visa Office......
Ottawa
App. Filed.......
04-03-2015
AOR Received.
14-04-2015 - SA Received: 20-04-2015
Med's Done....
28-01-2015 Upfront
Interview........
Waived
Passport Req..
N/A
VISA ISSUED...
25-06-2015
LANDED..........
11-07-2015
jomz said:
And yes I have to agree with Aquakitty, do some research and with it being very likely you will not succeed in sponsoring your spouse to canada you must look to move to your spouses country or a 3rd country. See if you can get PR in another country via a point system. There are always options, maybe not ideal but that's just part of our life struggles.
I accidentally deleted my post, ug... Basically I said to the OP she must do something major to change the situation and show the genuineness of her relationship. However she hasn't told us any details of her situation or why she was refused so it's hard to give any opinion on what she should do.

That post you linked though is very eye-opening. The short version I get from that is, if you are refused again the barrier is very high. The new evidence must be evidence that was not available during the other hearing (assuming their application is refused again and again gets to the federal level).

But, without major new evidence you are wasting your time and money. You need to go live with your spouse by any means and develop a life together before trying again.
 

canadianwoman

VIP Member
Nov 6, 2009
6,211
291
Category........
Visa Office......
Accra, Ghana
Job Offer........
Pre-Assessed..
App. Filed.......
30-01-2008
Interview........
05-05-2009
You can certainly try to sponsor again. There is no official time you have to wait. Because you have already lost an appeal, the visa officer will review your file, but might say res judicata applies and reject it, which means you would have to appeal again.

To overcome the res judicata problem, you need new evidence. The courts have been clear on this: new evidence does not mean more evidence that is the same as the evidence you used before. For example, if you submitted phone records and proof of travel together the first time, more phone records and travel since the refusal will not be enough. It is has to be new different evidence.

In most cases I have read on CanLII, new evidence that allowed the appeal to be won was 1. the couple had a child together after the first refusal; or 2. the couple lived together after the first refusal. This is not 100% sure to work: I have seen appeals refused where the couple did go live together for a year.

Occasionally an appeal is won where the only new evidence is that the relationship has continued so long after the refusal. That is, they continued visiting each other, phoning each other, etc., but the appeal court accepted that this was new proof because it lasted so long after the first refusal.