Re-apply for spousal sponsorship with our lawyer or independently

[mnawaz]

Hello,

We had filed for Spousal Sponsorship through our lawyer in June 2016, when my wife (my sponsor) was in Canada. As we were newly married, she returned to be with me in about 2 weeks. The problem is that our lawyer didn't guide us in this regard, in fact said that 10 days is more than enough and she can return after that.

Based on this, in November we got a letter from LVO saying that the application doesn't qualify based on residency and insufficient proof of marriage. She moved back to Canada in December 2016. We responded to the letter with sufficient proof of marriage and a request for leniency for residency requirements, given that we were newly married and she had to be with me, and that she had moved to Canada permanently now (in December).

The LVO was satisfied that our proof of marriage is sufficient, however on the basis of residency our application was refused. This goes back to the point of our lawyer not being forthright in advising her to stay. We appealed, hoping it would go to an ADR instead of a full court process. After 6 months, just a week ago we found out that the case will go for a full hearing and the possible outcome can take anywhere between a year and 1.5 years.

Our lawyer has now recommended that the application be withdrawn, and we re-apply, this time with all the evidence and addressing the issues that the LVO had earlier. Further, they have also suggested that since she can't be with me, we apply for my Visit Visa for Canada, immediately after re-filing. This is to help me visit her a few times till we hear from the Visa Office regarding the Spousal Sponsorship Application.

If you ask me, we felt that we should not have appealed in the first place, but their opinion was that since we have a right of appeal, and we don't exercise it, this may also have an impact on the re-filing of the application. Not sure if this was genuinely a case, or not.

My wife and I are curious and want to get some feedback if:

• we should re-file with the lawyers, or independently?
• if the visit visa application should be filed at all, or not?
• If we file for my visit visa, should that be before or after the re-filing, or after withdrawing current application?
• if the Visit Visa application is rejected / refused, how would that impact the spousal sponsorship application, be it filed before or after Visit Visa application?

Any advise on how to deal with this situation would be highly appreciated. Really need help here.
Thank you.

 

[chanban]

HI,

I am going to assume that your wife is a permanent resident?

If so, she should get her permanent residency back in good standing before you guys reapply.

Also I would attempt to reapply without a lawyer first. Be sure to be VERY specific with your application, and to satisfy all issues they had before.

IF your wife is a Canadian citizen, not sure why she wouldn't meet the "residency" requirement as those are only necessary for permanent residents. However if this is the case, redo the application as Canadian Living exclusively outside of Canada.

Good Luck!

 

[haXudon]

dude you are looking at it the wrong way. your wife is NOT ELIGIBLE to sponsor you to come to canada. that's the end of it. it doesn't matter if you come visit her or not. the main problem here is that your wife did not meet residency requirements. can you tell us about that? here is the residency requirement: http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

Appendix A: Residency obligation
Minimum residency obligations
You must meet the residency obligation to get a PR Card.

If you have been a permanent resident for five (5) years or more

• you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.

If you have been a permanent resident for less than five (5) years

• you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.

Time spent outside of Canada
Notice for persons under 19 years of age:

Residency requirements to keep Permanent Resident status for PR Card and Permanent Resident Travel Document applications:

On August 1, 2014, IRCC’s definition of “child” changed, from under 22 years of age to under 19 years of age.

• The time an applicant aged 19 and over spent accompanying a parent abroad before August 1, 2014, will be assessed under the previous definition of “child.”
• The time an applicant aged 19 and over spent accompanying a parent abroad on or after August 1, 2014, will be assessed under the new definition of “child.”

You may also count days outside of Canada as days that you meet the residency obligation in these situations:

 

[spousalsponsee]

Your post is very confusing, which is why the above posts contain different advice.

Is your wife a PR of Canada? If so, and she is living in Canada, and she is in compliance with the Residency Obligation, she can sponsor you. If she is either resident outside of Canada, or outside her RO, she cannot. So it depends what you mean by grounds of residency.

 

[Buletruck]

Pretty sure the RO being discussed refers to his wife being outside of Canada while processing.

Anyway, if you apply for a visa, you're going to have to prove you have strong ties at home. Spousal visas are often refused because there is more incentive for you to overstay (your spouse in Canada). She will need to remain in Canada during the processing (short trips are ok). A TRV refusal won't affect your application for PR.

I'd withdraw your appeal and start fresh. Processing time are suppose to be 12 months now, shorter than your appeal (and you'll probably loose since she was out of Canada, no exceptions to that). So cut your losses and the lawyers prifits. Applying without a lawyer is straight forward. Include everything you previously sent and update the forms. Easy peasy.

 

[canuck_in_uk]

Hello,

We had filed for Spousal Sponsorship through our lawyer in June 2016, when my wife (my sponsor) was in Canada. As we were newly married, she returned to be with me in about 2 weeks. The problem is that our lawyer didn't guide us in this regard, in fact said that 10 days is more than enough and she can return after that.

Based on this, in November we got a letter from LVO saying that the application doesn't qualify based on residency and insufficient proof of marriage. She moved back to Canada in December 2016. We responded to the letter with sufficient proof of marriage and a request for leniency for residency requirements, given that we were newly married and she had to be with me, and that she had moved to Canada permanently now (in December).

The LVO was satisfied that our proof of marriage is sufficient, however on the basis of residency our application was refused. This goes back to the point of our lawyer not being forthright in advising her to stay. We appealed, hoping it would go to an ADR instead of a full court process. After 6 months, just a week ago we found out that the case will go for a full hearing and the possible outcome can take anywhere between a year and 1.5 years.

Our lawyer has now recommended that the application be withdrawn, and we re-apply, this time with all the evidence and addressing the issues that the LVO had earlier. Further, they have also suggested that since she can't be with me, we apply for my Visit Visa for Canada, immediately after re-filing. This is to help me visit her a few times till we hear from the Visa Office regarding the Spousal Sponsorship Application.

If you ask me, we felt that we should not have appealed in the first place, but their opinion was that since we have a right of appeal, and we don't exercise it, this may also have an impact on the re-filing of the application. Not sure if this was genuinely a case, or not.

My wife and I are curious and want to get some feedback if:

• we should re-file with the lawyers, or independently?
• if the visit visa application should be filed at all, or not?
• If we file for my visit visa, should that be before or after the re-filing, or after withdrawing current application?
• if the Visit Visa application is rejected / refused, how would that impact the spousal sponsorship application, be it filed before or after Visit Visa application?

Any advise on how to deal with this situation would be highly appreciated. Really need help here.
Thank you.

http://www.canadavisa.com/canada-immigration-discussion-board/threads/spousal-sponsorship-refusal-appeal.473092/

Why did you appeal when you were straight out told on here that it was pointless????

Your application was correctly refused under the law, as your PR wife was not residing in Canada while the app was in process.

Ditch the lawyer. Reapply on your own, with your wife living IN CANADA throughout the process.

You can apply for a TRV whenever you want. However, with a PR spouse and a sponsorship app, it is unlikely to be approved.

 

[Hasan9999]

This was my suggestion on February 06, 2017:

Let her apply again and this time she should live in Canada during the entire process. She can however visit you for a short duration. Continuous cohabitation for one year is applicable for common laws, not for you.

Main point is please send enough relationship proofs this time.

If you wanna kill time and drain out money, you can recourse to appeal process but there will be absolutely zero chance of success.

Hasan

 

[aababuji]

Hello,

We had filed for Spousal Sponsorship through our lawyer in June 2016, when my wife (my sponsor) was in Canada. As we were newly married, she returned to be with me in about 2 weeks. The problem is that our lawyer didn't guide us in this regard, in fact said that 10 days is more than enough and she can return after that.

Based on this, in November we got a letter from LVO saying that the application doesn't qualify based on residency and insufficient proof of marriage. She moved back to Canada in December 2016. We responded to the letter with sufficient proof of marriage and a request for leniency for residency requirements, given that we were newly married and she had to be with me, and that she had moved to Canada permanently now (in December).

The LVO was satisfied that our proof of marriage is sufficient, however on the basis of residency our application was refused. This goes back to the point of our lawyer not being forthright in advising her to stay. We appealed, hoping it would go to an ADR instead of a full court process. After 6 months, just a week ago we found out that the case will go for a full hearing and the possible outcome can take anywhere between a year and 1.5 years.

Our lawyer has now recommended that the application be withdrawn, and we re-apply, this time with all the evidence and addressing the issues that the LVO had earlier. Further, they have also suggested that since she can't be with me, we apply for my Visit Visa for Canada, immediately after re-filing. This is to help me visit her a few times till we hear from the Visa Office regarding the Spousal Sponsorship Application.

If you ask me, we felt that we should not have appealed in the first place, but their opinion was that since we have a right of appeal, and we don't exercise it, this may also have an impact on the re-filing of the application. Not sure if this was genuinely a case, or not.

My wife and I are curious and want to get some feedback if:

• we should re-file with the lawyers, or independently?
• if the visit visa application should be filed at all, or not?
• If we file for my visit visa, should that be before or after the re-filing, or after withdrawing current application?
• if the Visit Visa application is rejected / refused, how would that impact the spousal sponsorship application, be it filed before or after Visit Visa application?

Any advise on how to deal with this situation would be highly appreciated. Really need help here.
Thank you.

Hi, I hope all going well for you! can you update me what you have done, did you reapply? if yes, when and how is processing?

 

[canuck_in_uk]

Hi, I hope all going well for you! can you update me what you have done, did you reapply? if yes, when and how is processing?

The poster hasn't been on the forum since 2017.