Regarding spousal application or reapply

[deplix]

HI,
Any expert can help me please

i got refusal of my spousal appeal . i filed my sponser application for my spouse in 2010 that was refuse in 2012 i filed appeal that also refuse yesterday because there was some legal issue of documents i want to ask about reapplying . Do i have a chance of new application or there is some waiting time after refusal of application . can i reapply right know or i dont have a chance to reapply. please anyone can help me.

waiting for reply

 

[svetlana]

what was the exact reason for refusal?

 

[Rob_TO]

There is no waiting time required, you can re-apply right away.

But, did you fix the problem that caused initial rejection?? Just re-applying without addressing the reason you were rejected the first time, will just lead to more waiting and another rejection.

 

[deplix]

Thanks for replying the objection i corrected before hearing but they refuse my appeal because they said visa officer decision was correct . so the new evidence documents i provide before my hearing they not consider for that . so can i reapply with my same new evidence which they not consider during my hearing and the other things who i can get my file rightnow after dismiss the appeal.
please help me i am so wondering.

 

[wowsers]

the objection i corrected before hearing but they refuse my appeal because they said visa officer decision was correct .

According to your previous posts (and in particular a post dated 26 August 2013) your application was dismissed because when you married your sponsor the sponsor was already married to someone else; so your marriage was void and as a result you were not at the time of your application a member of the family class. I understand that there may have been a later divorce but that did not cure the initial fundamental defect in your application. It appears that you have a legal adviser, who has advised you to remarry the sponsor. You say nothing so far as I can see in your recent posts about whether you have acted in accordance with that advice, only that you produced documents at your appeal which were not taken into consideration. You do not state what those documents were. So far as I can see the appeal decision was entirely correct: you were not married at the time of your application and therefore the decision of the VO to dismiss your application was correct and your appeal challenging that decision was also correct. If you wish to apply again you must correct the defect in your application and at present it seems to me that your legal adviser's advice is the way forward. Have you followed his advice? If not, why not?

 

[canadianwoman]

You can reapply as soon as you want to.
BUT you must look at why you lost the appeal and were rejected in the first place, and correct these problems. If you reapply with the same things you applied with in the first place, they will reject you again, and any appeal will be rejected with res judicata, which means 'we have already decided this case.'

You need new evidence, which you say you have. If the problem was because you were not legally married, then getting legally married should be enough to solve that problem.