refusal without interview

[kelsey199200]

does anyone know of anyones immigration application being refused on terms of not having a "true" marriage based only on the relationship evidence sent without having an interview?

 

[boyee6576]

I am not 100% sure, but I think the always require an interview to give you a chance to prove your case.

 

[boasorte]

This is a good question! I wonder too, but I think and hope that they try all the possibilities to find out about the relationship(application+interview). I don't think they get to any conclusions based on the application itself, it helps a lot but nothing compares to a face to face interview, when you are able to see the persons reaction to the given questions...

It's anyones guess what is going on in the IOs mind!

 

[boyee6576]

well I am sure there are alot of cases where the couple doesnt have alot of proof for one reason or another but there relationship is genuine. I have read on here where one spouse doesnt have a computer so they talk to each other by phone and use calling cards because its alot cheaper. its very hard to prove that you maintain contact by phone with no phone records. Even though they might feel that the relationship looks like its phoney, they want to meet face to face to either prove or disprove their suspicions. So think it safe to say they dont usually reject without having an interview.

 

[rjessome]

There are cases of refusals if the marriage is not deemed to be legal. Or in most cases, their previous divorce is not legal and therefore the new marriage isn't legal.

Just a quick explanation but sometimes, Canadian PRs and citizens will get divorced in their home countries (other than Canada) as it is quicker and cheaper (or for whatever reason) when they and/or their former spouse do not meet the residency requirements to get a valid divorce in that country because they are living in Canada (or another country). When you are divorced, CIC checks the validity of the divorce against the requirements for the country where the decree was issued. Then when the Canadian or the PR gets remarried, the new marriage is considered invalid by CIC because the divorce was not obtained properly.

Clear as mud?

 

[iarblue]

They can refuse you at anytime,they never need to hear your side of the story,you sent your side of the story in your ap.If they think you didnt prove it and they doubt it they can refuse you anytime,an interview is not always to prove a relationship,there are many reasons they call you for an interview.Sao Paulo Brazil where my wife is having hers they informed her that they call for an interview to basically let the sponsored know a lot about Canada(workforce,climate,culture,etc.)and in some cases to prove.Sometimes it to explain parts of your ap to them.(proof forms,certs etc.)
Like rjessome said your divorce was not valid,you claimed bankruptcy and its not discharged,the sponsored is not legal where he is,your not legal where you are,a crime you thought was not a crime,you think your clear and they find something from years ago in the background check.
But to your question they are not required to give you an interview,they can just straight out refuse you.

 

[rjessome]

I see what you are saying iarblue BUT the OP is asking about refusal based on genuineness of the relationship without an interview. This is NOT usually done. VOs must abide by the Rules of Procedural Fairness and this normally includes an interview where the Applicant has the opportunity to respond to any concerns.

Keep in mind that this is a two part application. Refusal of SPONSORSHIP is completely different from refusal of PR Application which is actually the 2nd step and falls under a different section of the Act and Regs.

I'm not saying this can't happen because it would depend on what the visa officer had in front of them to review the application and, more specifically, the genuineness of the relationship. But it is NOT the norm because it would be very good reason for the decision to be overturned at appeal or judicial review (inland) if the applicant wasn't given due process.

 

[iarblue]

Yes but it is not stated in the rules that they must give you an interview correct?If they see that the relationship to them is not real they can just refuse and you appeal.But if it is just something they need to clear up they would of course call you for an interview,but if its something they know you couldnt even clear up in an interview they would most likely refuse it.
Most times the sponsorship part is refused due to crime,old sponsorships,bankruptcy,or social assiastance,the PR is where they check the marriage and proof.But the OP is asking if people have been refused based on the evidence they sent in without having an interview.I remember on here just about a month ago a IO said he was wondering why his ecas said decision made when he didnt have an inteview and was not asked to send in anything else people told him it was good news,later in his post he said he got the letter from them(refused based on his proof they felt his marriage was not real).
So it is of course up to the officer for sure,im just saying it most def could happen but in most cases you will get your chance in an interview to prove them wrong.

 

[rjessome]

I remember on here just about a month ago a IO said he was wondering why his ecas said decision made when he didnt have an inteview and was not asked to send in anything else people told him it was good news,later in his post he said he got the letter from them(refused based on his proof they felt his marriage was not real).

Interesting. That's rare. I wonder if the VO had received some "poison pen" evidence from a third party. Like the applicant was already married, had another boyfriend/girlfriend, or children that were not disclosed, etc. You'd be shocked to know how much poison pen info gets submitted and it's usually from family members of the applicant.

Yes, anything can happen and no, it is not written in the Rules that they MUST interview. Like I said before, an interview is one of the methods they normally use to address concerns of this nature. Who knows? It could have been the world's worst application package. However, VOs MUST allow the applicant to address their concerns in some format, whether it's an interview or by producing more proof, etc. Perhaps this poster was asked to provide something and failed to do so within the time limit they would have been given. Anytime that happens, the applicant is warned that failure to do so may result in a refusal.

The wild, wild world of family class immigration!

 

[iarblue]

LOL your so right sometimes the sponsor leaves out little parts in the post.Parts that are important like oh they asked for more info gave me a date to have it in and i sent it a little late lol.But i agree more than 90% of the time they will give the interview.

 

[boasorte]

If you read the guides, you are going to see that the officers cannot deny an application only because they think it's not a real relationship. Application can only be denied without interview when it's missing some document, lack of payment, some form isn't sign... But not because IOs think the relantionshiip is fake.

 

[iarblue]

Your saying that if an officer thinks your not in a real relationship,that somewhere it says they cant refuse on that basis????Where does it say this can you post the link to this info.

 

[nyssa]

If you read the guides, you are going to see that the officers cannot deny an application only because they think it's not a real relationship. Application can only be denied without interview when it's missing some document, lack of payment, some form isn't sign... But not because IOs think the relantionshiip is fake.

Hmm... some of this is a little off. If a form isn't signed, they usually won't just refuse the application, they would ask you to sign it. They may send you back your application which is a hassle but it's not a refusal. Same if you're missing a document. I imagine lack of payment as well. These aren't "refusal" moments, just sending back the application re-do moments.

 

[boasorte]

Guide OP 2(which is how Officers should handle Family cases), section 12.(I am not able to copy/past because it's .pdf document), they say how to identify a relationship of convenience(marriage and Common-law) and right after that:
-The local CIC office may arrange an interview with the sponsor/applicant and officers must provide specific questions for the sponsor /applicant to answer.
-Procedural fairness requires that officers inform applicant of any doubts about the relationship and give them a chance to respond.
-In some instances home visits may used to establish cohabitation in the case of marriage or common-law.

(in my simple opinion I think unless the application is really poorly done, YES they officers may deny it even without an interview, but if the application is all correct and for some reason they think it's a fake relationship, they should ask for an interview.)

 

[iarblue]

Yes but you said they cant refuse solely based on them thinking that the relationship was not real,they can refuse you for any reason they feel fit,and yes they will inform you in writing of the decision made,why they refused or whatever.They dont need to give you time to respond to this you need to appeal this.They will not refuse you because of a fee not being paid or a missing doc or a missing signature thats not what we said.In every letter they send you to request something they give you in writing a timeline for you to do so if you dont they say right on the letter they send you that they will assume you do not wish to continue and they will give you the decision based on the information at hand and be sure it will be a refusal.If they requested docs to prove more and you did not send them???