Refused my Husband's sponsership because of my previous marriage

[zardoz]

You have to have a 5-yr gap between multiple sponsorships. You have sponsored two people within 4 years. That seems to me is what the issue is.

This is not correct. The first was not a sponsorship.

 

[civic]

I think you have a strong case to win at appeal hearing. As long as you can prove the authenticity of your current relationship they cannot base their decision on past applications (whether it was genuine or not), the judge will usually focus on only one main problem that take you to the court, and if he's satisfied your current relationship is true, by law you are allowed to bring your spouse in.
Visa officers work in different way. They use their feelings. They judge people based on immigration history. Court only applies the law to solute one main problem: you ask to bring your spouse here so you must prove you have a truthful relationship!

As long as you are eligible to sponsor, who cares about the history? If CIC is concerned about your history then they will file a lawsuit against you and your ex and that will be a totally different story. I dont think CIC will have spare time for that.

 

[Tina dhaliwal]

Hi Tina - Please don't take offence or feel judged at my question... I'm genuinely interested interested in your case.

You came to Canada as a skilled worker, yet ended up working in a factory. Did you apply for work as a teacher and not find it? Or for personal reasons never really intended to work as a teacher?

I'm curious as to whether this has any effect on the CIC evaluation, as the purpose of FSW is to close skills shortages in Canada so I wonder if this is counting against you in any way? More a question for the group experts than you directly.... I have no idea.

yes i came to Canada under the skilled worker category,But when i came to Canada i did not have any kind of support neither moral or financial and the money we brought to Canada was all under my husband's control,No one took me to the new immigration center or any other place that i can find some opportunities for my self or get my credential assessed to apply for teachers certificate...They took me to an employment agency and registered me to work in the factory there..

But when i moved by self to another province, i worked for 2 years in a retails store, saved some money,went to school for a little while and now i am working in a Bank, this is my story full of struggle and hardship,they were my family but i was alone but i never lost hope and worked hard and now i happy with my career.

 

[Tina dhaliwal]

I think you have a strong case to win at appeal hearing. As long as you can prove the authenticity of your current relationship they cannot base their decision on past applications (whether it was genuine or not), the judge will usually focus on only one main problem that take you to the court, and if he's satisfied your current relationship is true, by law you are allowed to bring your spouse in.
Visa officers work in different way. They use their feelings. They judge people based on immigration history. Court only applies the law to solute one main problem: you ask to bring your spouse here so you must prove you have a truthful relationship!

As long as you are eligible to sponsor, who cares about the history? If CIC is concerned about your history then they will file a lawsuit against you and your ex and that will be a totally different story. I dont think CIC will have spare time for that.

I hope they will understand this and give me opportunity to prove the genuineness of my relationship...

 

[Vijender_Rana]

I think you have a strong case to win at appeal hearing. As long as you can prove the authenticity of your current relationship they cannot base their decision on past applications (whether it was genuine or not), the judge will usually focus on only one main problem that take you to the court, and if he's satisfied your current relationship is true, by law you are allowed to bring your spouse in.
Visa officers work in different way. They use their feelings. They judge people based on immigration history. Court only applies the law to solute one main problem: you ask to bring your spouse here so you must prove you have a truthful relationship!

As long as you are eligible to sponsor, who cares about the history? If CIC is concerned about your history then they will file a lawsuit against you and your ex and that will be a totally different story. I dont think CIC will have spare time for that.

Absolutely right, when they were really concerned about the past relationship, they usually go for previous marriage investigation which takes years. But in Tina's case they didn't do so...

 

[gango girl]

how to get the skypee view ?? and download the face book chat, i tried to download the facebook history which just downloaded the photos and videos i shared on Facebook.. Do i have copy and paste all the Facebook chat on MS-Word ??

you can get screen shots and paste it on "Paint" theres no worries with that. In my earlier post i have explained to you how you should get your fb pics & comments on it.

 

[Tina dhaliwal]

you can get screen shots and paste it on "Paint" theres no worries with that. In my earlier post i have explained to you how you should get your fb pics & comments on it.

Yeah i got the idea..thanx gango girl

 

[azarme09]

Oh? I thought the first came as a dependent bcz it was her who got approved as a skilled worker.

This is not correct. The first was not a sponsorship.

 

[zardoz]

Oh? I thought the first came as a dependent bcz it was her who got approved as a skilled worker.

An accompanying dependent is not being "sponsored" on an FSW application.
Therefore the bar to sponsorship is not relevant in this case.
If I remember correctly, sponsorship is only applicable to Family Class and some Refugee applications.

 

[niana.j]

sounds good. i think you have a good chance to succeed in your appeal.

Hi niana.j
yes i went to meet a lawyer today.. i discussed my case with him,he said in your hearing they will start your case from scratch they will definitely talk about the notes they will get from the immigration officer in your country but we will have to prove that your present as well as the past marriage was genuine..and after i told him my story he said that he does not find a it a problem if your marriage is genuine then we can prove it and we will definitely work on the Notes and will show them that your first marriage was genuine too.. I hope for the Best.

 

[Vijender_Rana]

Hi niana.j
yes i went to meet a lawyer today.. i discussed my case with him,he said in your hearing they will start your case from scratch they will definitely talk about the notes they will get from the immigration officer in your country but we will have to prove that your present as well as the past marriage was genuine..and after i told him my story he said that he does not find a it a problem if your marriage is genuine then we can prove it and we will definitely work on the Notes and will show them that your first marriage was genuine too.. I hope for the Best.

how many days they gave to file an appeal...?

 

[SenoritaBella]

Normally you have 30 days from date of rejection to file the appeal notice.

how many days they gave to file an appeal...?

 

[gango girl]

I need help please..very upset

dear Tina
the links below will help you to find a way to be ready for your appeal hearing
there are the cases of genuineness..
i'll send them later
http://www.canlii.org/en/ca/irb/doc/2007/2007canlii60874/2007canlii60874.html?searchUrlHash=AAAAAQAQdW5kZXIgc2VjdGlvbiAzOQAAAAAB

http://canlii.org/en/#search/all=under%20section%2039&type=decision&ccId=cisr
good luck...

 

[Vijender_Rana]

Normally you have 30 days from date of rejection to file the appeal notice.

Thanks...

 

[Tina dhaliwal]

what kind of proof i can give to CIC to show that my previous marriage was genuine ?? Need Advise please