Refused, Re-apply or Appeal?

[Steph C]

At least keep the appeal going until you have another plan.. Getting married would be ideal, but it's hard to put into action. In the mean time why don't you look at getting a US visitor's visa for marriage in Seattle? I think you could win an appeal, but regardless you have to show that you've been together in the mean time. Good luck to you. :-*

 

[MidDawn]

Also, have you ordered a copy of your electronic notes yet? If not, I would do so - and I would recommend you order a physical copy of your file because it's been refused. It can be interesting to see the notes they make on the physical documents.

Good luck!

Hello Computergeek,

You have mentioned about electronic notes, what does it mean? my partner and i are not really familiar about that stuff.We would love to know anything about that,how would it help in our appeal case? where can we get it? how we are going to get it? how much to get that note?hope to hear from you soon....thank you so much and God bless us always...

 

[scylla]

He visited me twice, first visit 2009 and second visit 2011.During his second visit we went to Vietnam and Malaysia.

I think your chances of winning on appeal will be low due to the above.

I agree with those who are suggesting you should visit a third country such as Brasil and get married there legally.

Good luck.

 

[computergeek]

Hello Computergeek,

You have mentioned about electronic notes, what does it mean? my partner and i are not really familiar about that stuff.We would love to know anything about that,how would it help in our appeal case? where can we get it? how we are going to get it? how much to get that note?hope to hear from you soon....thank you so much and God bless us always...

Under the Privacy Act, a person in Canada has a right to request copies of records pertaining to them held by a governmental agency. There is a second act ("Access to Information") that covers information about other people.

You have a right to request that information from CIC. It's so common that there is a form for requesting it and they generally just e-mail you a PDF of the documents. Electronic notes don't impact your file (they are processed in Ottawa by the CIC ATIP office). Physical notes DO impact your file, so only request them when it doesn't matter (e.g., you have an interview scheduled or you've been refused.)

If you search for ATIP on the CIC website, you will find the form and pages. The person making the request must be in Canada. If you are asking for your OWN records there is no charge (it is a "privacy act" request) and if you are asking for someone ELSE's records there is a $5 charge and you must have their written permission. If you are not in Canada, or if you have problems interpreting the notes, there are a number of companies that will order the notes and interpret them for you for a fee. I used caipscheck.ca (a nice lady out of Salt Spring Island BC) successfully once, but since then I have ordered them on my own.

I hope that helps!

 

[MidDawn]

Under the Privacy Act, a person in Canada has a right to request copies of records pertaining to them held by a governmental agency. There is a second act ("Access to Information") that covers information about other people.

You have a right to request that information from CIC. It's so common that there is a form for requesting it and they generally just e-mail you a PDF of the documents. Electronic notes don't impact your file (they are processed in Ottawa by the CIC ATIP office). Physical notes DO impact your file, so only request them when it doesn't matter (e.g., you have an interview scheduled or you've been refused.)

If you search for ATIP on the CIC website, you will find the form and pages. The person making the request must be in Canada. If you are asking for your OWN records there is no charge (it is a "privacy act" request) and if you are asking for someone ELSE's records there is a $5 charge and you must have their written permission. If you are not in Canada, or if you have problems interpreting the notes, there are a number of companies that will order the notes and interpret them for you for a fee. I used caipscheck.ca (a nice lady out of Salt Spring Island BC) successfully once, but since then I have ordered them on my own.

I hope that helps!

Hello Computergeek,

Thanks a lot for your reply...it's a big help...it is nice to know that there are people like you who give their time and share their knowledge about immigration stuff.i appreciate it.thank you so much.God bless.

 

[MidDawn]

I think your chances of winning on appeal will be low due to the above.

I agree with those who are suggesting you should visit a third country such as Brasil and get married there legally.

Good luck.

Hello Scylla,

Thanks for your reply,may i know your opinion on why/how the two visits of my partner gives low probability of winning the appeal?hope to hear from you soon. God bless us all...

 

[tuyen]

Hello Scylla,

Thanks for your reply,may i know your opinion on why/how the two visits of my partner gives low probability of winning the appeal?hope to hear from you soon. God bless us all...

I won't speak for Scylla, but my opinion is the same as hers. There's a very low chance of success in your case, based solely on the fact that in 5 years, you've only seen each other twice.

 

[MidDawn]

I won't speak for Scylla, but my opinion is the same as hers. There's a very low chance of success in your case, based solely on the fact that in 5 years, you've only seen each other twice.

Thanks tuyen,

I got your point and my partner is considering on having a vacation here in the Philippines to be with me anytime this year while waiting for any correspondence coming from the Appeal Division.

 

[tuyen]

Thanks tuyen,

I got your point and my partner is considering on having a vacation here in the Philippines to be with me anytime this year while waiting for any correspondence coming from the Appeal Division.

I hope you have some kind of a backup plan in addition to the appeal. It's a long process, and there's no guarantee the appeal will be granted.

 

[Steph C]

Thanks tuyen,

I got your point and my partner is considering on having a vacation here in the Philippines to be with me anytime this year while waiting for any correspondence coming from the Appeal Division.

In the time you are waiting to have your appeal heard, you need to change some things so that you will have something of substance to present for the appeal. Order your electronic notes and study them. Combine your affairs to the best of your ability. Spend some real time with your sponsor, as much as he can. He may have to make sacrifices in his job or go into debt to be able to do this. Look into getting married somewhere, such as the US or Brasil.

 

[MidDawn]

I hope you have some kind of a backup plan in addition to the appeal. It's a long process, and there's no guarantee the appeal will be granted.

We are planning to update the records we submitted from the first application in Nov 2011 like the emails and western union receipts up to this time and also opening a joint bank account here in the Philippines. we would much love to consider marrying but i don't think so it's a good idea because here in the Philippines,same sex marriage is not legal,so there is no way that the Philippine law and the VO in Manila will recognize such marriage, more so,that we can apply for a common-law category.

All i gotta do is keep going and stay positive....hehehehe...Godspeed.

 

[tuyen]

we would much love to consider marrying but i don't think so it's a good idea because here in the Philippines,same sex marriage is not legal,so there is no way that the Philippine law and the VO in Manila will recognize such marriage

It doesn't need to be recognized in the Philippines. What matters is that it's recognized by Canada and by the country in which you were married.

 

[MidDawn]

In the time you are waiting to have your appeal heard, you need to change some things so that you will have something of substance to present for the appeal. Order your electronic notes and study them. Combine your affairs to the best of your ability. Spend some real time with your sponsor, as much as he can. He may have to make sacrifices in his job or go into debt to be able to do this. Look into getting married somewhere, such as the US or Brasil.

Thanks Steph,

we are looking of getting that electronic note and hopefully from there,we can figured something that will merit our case BIG WIN on the appeal and eventual visa issuance.i am hoping...hehehehe

The way i understand it,Philippine law doesn't recognize same sex marriage,it is simply not legal.i think there is no way that we can go to common law category.so help me God...God bless us all

 

[MidDawn]

It doesn't need to be recognized in the Philippines. What matters is that it's recognized by Canada and by the country in which you were married.

Thanks Tuyen,

Given that we got married,and we will go to common law category,CIC requires atleast 1 straight/whole year of cohabitation which i think it very impossible to happen with the situation of my partner.He only works for a living and he has an average income.Actually tuyen,this appeal process requires much amount,he can't afford to lose his job for a year just to be with me and comfort that 1 year cohabitation for common law....help me....enlighten me folks...Godspeed

 

[Sweden]

Thanks Tuyen,

Given that we got married,and we will go to common law category,CIC requires atleast 1 straight/whole year of cohabitation which i think it very impossible to happen with the situation of my partner.He only works for a living and he has an average income.Actually tuyen,this appeal process requires much amount,he can't afford to lose his job for a year just to be with me and comfort that 1 year cohabitation for common law....help me....enlighten me folks...Godspeed

If you get married, you don't need to live together for 12 months. You could live together for 5 months for example, combine as much as possible your affairs together, and get married somewhere outside of the philippines. It doesn't matter that it's not legal in the Philippines, and you don't need to declare it in the Philippines - you only need to get the marriage certificate ( and the proofs that you got married, pictures etc), and include it in your application. Then your bf can keep on working, and you apply as a married couple. Plenty of people on the forum apply as married and are not living together, so that's not a problem. It's probably your best bet to get your PR issued - as conjugal has not worked, and common-law doesn't seem to be an option from what you say.
Good luck,
Sweden