Refused, Re-apply or Appeal?

[Erina]

Hello,

My case for a conjugal relationship has been refused recently. We are planning to get married in 3 months. Would you consider reapplying or appeal to be a quicker and better process? I live in Toronto, and our VO is Ankara. Thanks.

 

[truesmile]

Not sure how the refusal will impact a new one, but from what I've read around here appeals are lengthy and time-consuming . . . a new application would be faster.

 

[Sweden]

Hey Erina,

Sorry to hear about your refusal. What was the reason for refusal? because depending on the reason(s) it might be faster to re-apply rather than wait for an hearing/appeal.
If you want to explain a little more, then we can try and give you some directions.
Good luck,
Sweden

 

[Isometry]

If you're getting married in 3 months, your best bet is almost certainly to wait until then and then reapply. Generally, a couple doesn't qualify as conjugal if they can get married.

 

[scylla]

If you are getting married then no point appealing the conjugal refusal. You don't qualify for conjugal.

 

[tuyen]

If you want to explain a little more, then we can try and give you some directions.

It's already been explained to death here, and while I take no joy in another person's misfortunes, I'm not the least bit surprised that it was refused, just as predicted.

 

[Sweden]

Hey Erina,

I think i remember your story now, and looking at your previous posts, it seems that the reason was that you "did not provide legal proof regarding marriage barrier". Since you are getting married in 3 months, then it makes sense for your application to be refused in the conjugal category - as it's for people that can not get married, no matter what. I'm not saying that it's good that your application has been refused, and I understand that it must be sad and frustrating for you of course. I'm just saying that from CIC's point of view, it's logical.

So in your case, your best bet is probably to re-apply once you get married. The good point is that the VO did not reject your application because they think that your relationship is not genuine, or did not have enough proofs about the relationship. If they only mentioned the "legal barrier to marriage", once you get married, the obstacle is eliminated... so I would say - re-apply. Waiting for a date of appeal etc will be really long, and you won't qualify for an appeal in the conjugal category because you'll be married by then.... so you have now 3 months to put together the new application. You can use the same proofs as you have had before, and add the continuous relationship with your partner. As well, as you're getting married in 3 months, you have time to get everything ready, and as soon as you're married, you get the certificate and you can send the application.

Most likely, if you have been approved the first time for sponsorship, then the first stage will be easy and quick. Second stage will take a while, but maybe because a few things have been already assessed, you will get a fast approval in second stage as well.

Good luck,
Sweden

 

[truesmile]

It's already been explained to death here, and while I take no joy in another person's misfortunes, I'm not the least bit surprised that it was refused, just as predicted.

Oh yes, good one. I enjoyed reading your post again . . . (4 pages of blathering)

 

[tuyen]

Oh yes, good one. I enjoyed reading your post again . . . (4 pages of blathering)

Yeah...that's the one.. =P

 

[franzden]

hi, just want to seek your advice..i applied under federal skilled worker category in 2005, unfortunately, news spread out that application from 2008 and beyond will be returned and that includes us..I can no loger reapply since I'm already 51 yrs. old, I'm now here in Canada on a tourist visa, do you think I can make an appeal and apply for permanent residency under humanitarian cosideration? thanks in advance!

 

[truesmile]

Can you prove that you "would suffer excessive hardship if they (YOU) had to return to their (YOUR) home country" as required by Immigration and Refugee Protection Act? I recall another forum member explaining on another thread a while back, that the person inquiring would quite literally have to prove that their life would be in danger. We'll see what turns up on this thread.

 

[tuyen]

hi, just want to seek your advice..i applied under federal skilled worker category in 2005, unfortunately, news spread out that application from 2008 and beyond will be returned and that includes us..I can no loger reapply since I'm already 51 yrs. old, I'm now here in Canada on a tourist visa, do you think I can make an appeal and apply for permanent residency under humanitarian cosideration? thanks in advance!

You should start your own thread instead of hijacking someone else's with a completely unrelated question.

The short answer to your question is, no, it's very unlikely that you can successfully claim humanitarian or compassionate grounds, unless you're from a country that is currently in a state of war, or something equally serious like you face some kind of persecution from the government if you went back home.

As far as your age, I'm not sure where you got the idea that you can't re-apply just because you're 51. That's simply not true.

Under the Federal Skilled Workers Program, age is just one of the factors that they consider and give points for. The maximum number of points you can get for age is 12 points, and that's for people who are between 18 and 35 years of age. At 51, you wouldn't get any points for the age category, but you can still apply, especially if you still have enough combined points.

Other points categories are far more important, such as education (maximum 25 points), English skills (maximum 24 points), work experience (maximum 15 points), and then two other categories of having arranged employment in Canada and adaptability (maximum 10 points each). So as long as you're able to get a passing mark of 67 points, there's no reason why you can't apply again.

Update: I edited the points information to reflect the proposed changes, as mentioned by PMM with a link here to all the details.

 

[Galip]

Hello,

My case for a conjugal relationship has been refused recently. We are planning to get married in 3 months. Would you consider reapplying or appeal to be a quicker and better process? I live in Toronto, and our VO is Ankara. Thanks.

I remember when you discussed your matter here before. The V.O gave you a big hint. You should have gotten married during your process and sent your certificate to the V.O.

Now if you get married and re-apply this will make them suspicious again. They will ask this question to you:

- Before you showed a barrier for your marriage and how come just after refusal and in 3 months you decided to get married?

You have to prepare yourself and your partner on this matter.

If I were you I would hire a good immigration lawyer. Good luck!

 

[gsize]

I remember when you discussed your matter here before. The V.O gave you a big hint. You should have gotten married during your process and sent your certificate to the V.O.

Now if you get married and re-apply this will make them suspicious again. They will ask this question to you:

- Before you showed a barrier for your marriage and how come just after refusal and in 3 months you decided to get married?

You have to prepare yourself and your partner on this matter.

If I were you I would hire a good immigration lawyer. Good luck!

Agreed ! They look for the weakest link and dont let go....kinda like a pitbull !

 

[PMM]

Hi

You should start your own thread instead of hijacking someone else's with a completely unrelated question.

The short answer to your question is, no, it's very unlikely that you can successfully claim humanitarian or compassionate grounds, unless you're from a country that is currently in a state of war, or something equally serious like you face some kind of persecution from the government if you went back home.

As far as your age, I'm not sure where you got the idea that you can't re-apply just because you're 51. That's simply not true.

Under the Federal Skilled Workers Program, age is just one of the factors that they consider and give points for. The maximum number of points you can get for age is 10 points, and that's for people who are between 21 and 49 years of age. If you're 51, you would still get 6 points. At 52, you would get 4 points.

Other points categories are far more important, such as education (maximum 25 points), English skills (maximum 24 points), work experience (maximum 21 points), and then two other categories of having arranged employment in Canada and adaptability (maximum 10 points each). So as long as you're able to get a passing mark of 67 points, there's no reason why you can't apply again.

Under the new regulations the poster at age 51 would get 0 points. http://gazette.gc.ca/rp-pr/p1/2012/2012-08-18/html/reg2-eng.html