Spousal sponsor from srilanka

[kabisha]

I sponsored my husband from Srilanka jan 2009. I receieved a refused letter last month because he didnot submit the police clearance from Malaysia. He lived in Malaysia for 14 months with one month visa. There fore, he couldnot get the police clearance from therem. Is it possible to win the appeal?

Do you guys have any related experience like this.

Thanks

 

[shamsia]

One of the pre-requisites to applying for immigration is to submit police certificates from all the countries lived in for 6 or more consecutive months. It is mandatory that he applies for the police certificate from Malaysia. Maybe you guys can pay the fine/fees levied in Malaysia for overstaying, get that cleared up, then apply for a police report, and resubmit your immigration papers.

 

[watnxt]

Did you contact any lawyers here in canada?They can give you better advise. They may have seen these kind of issue before. Did you guys put in app that he lived in malasiya for more than 6 months? if not why not get clearance from SL for that period as well?

 

[kabisha]

My husband applied for police clearance from Malaysia 8 months ago, still he couldnot get it jet. We contact the Malaysian embassy, they didnot response to us. If they want to pay the fine for the over stay, we can pay it. But they didnot response to us......

Does anyone have experience in getting police clearance from Malaysia?

 

[canadianwoman]

There have been reports recently that it is taking several months to get police certificates from Malaysia.

In this appeal case, the sponsor and applicant won the appeal, and the judge stated that if they supplied any missing documents (like a police certificate), then the case could be reopened.
http://canlii.ca/eliisa/highlight.do?text=spousal%2Bsponsorship+police%2Bclearance&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/irb/doc/2009/2009canlii73891/2009canlii73891.html
"[11] The panel notes that a refusal on these grounds is unusual in spousal sponsorship appeals. The IAD has seen a number of similar refusals in the past years. Historically, it is not unusual to see refusals under subsections 16(1) and 11(1) of IRPA in cases, for example, where even after a fairness letter has been sent out by the visa office, an applicant has refused to undergo medicals or has failed to provide a required document, such as a police clearance certificate, or has failed to attend an interview. Traditionally, these refusals have gone to a short hearing at the IAD and, if the applicant is then willing to undergo the necessary procedure or has provided the required documentation in the meantime, Minister’s counsel asks the visa office to re-open the application upon the withdrawal of the appeal by the appellant. In other cases, where there is no willingness to undergo the procedure or provide the requisite documents, or where the Minister was not willing to ask the visa post to re-open the application, or where the visa office refuses to re-open, the refusal would be found to be valid in law and any humanitarian and compassionate considerations would then be considered by the IAD. "

So try to get the police certificate and they may reopen the file, or you may be able to win the appeal.
(I also sent you a PM.)

 

[shamsia]

There have been reports recently that it is taking several months to get police certificates from Malaysia.

In this appeal case, the sponsor and applicant won the appeal, and the judge stated that if they supplied any missing documents (like a police certificate), then the case could be reopened.
http://canlii.ca/eliisa/highlight.do?text=spousal%2Bsponsorship+police%2Bclearance&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/irb/doc/2009/2009canlii73891/2009canlii73891.html
"[11] The panel notes that a refusal on these grounds is unusual in spousal sponsorship appeals. The IAD has seen a number of similar refusals in the past years. Historically, it is not unusual to see refusals under subsections 16(1) and 11(1) of IRPA in cases, for example, where even after a fairness letter has been sent out by the visa office, an applicant has refused to undergo medicals or has failed to provide a required document, such as a police clearance certificate, or has failed to attend an interview. Traditionally, these refusals have gone to a short hearing at the IAD and, if the applicant is then willing to undergo the necessary procedure or has provided the required documentation in the meantime, Minister's counsel asks the visa office to re-open the application upon the withdrawal of the appeal by the appellant. In other cases, where there is no willingness to undergo the procedure or provide the requisite documents, or where the Minister was not willing to ask the visa post to re-open the application, or where the visa office refuses to re-open, the refusal would be found to be valid in law and any humanitarian and compassionate considerations would then be considered by the IAD. "

So try to get the police certificate and they may reopen the file, or you may be able to win the appeal.
(I also sent you a PM.)

Good work canadianwoman!! Its people like you who make this forum so useful! Hats off to your willingness to help on such a complicated (to lay people like us) matter by digging up this information

 

[kabisha]

Thanks for your good information. Its give me more details about my case. In my case, my husband cannot get the police clearance from Malaysia. He applied for it 10 months ago, still he couldnot get it jet.

He submited the police clearance from Sri Lanka for 9 years. Only for 1 year he lived in Malaysia.

Do you think I can win the appeal without submit the police clearance from malaysia.

Please let me know. Also, please let me know any good immigration lawyer in Toronto?

Thanks

 

[coldgirl]

I think if you get a letter from Malaysian government saying why they will not give you the police certificate, it would be okay. I read it somewhere on the application instruction. But Im not 100 percent sure, Im sure others can help you or you should read the application instruction under police certificate.

 

[kabisha]

Hi

Thanks for your response. They didnot even give me the letter why they cannot provide the police certificate. I couldnot get any information from them

I m in very bad situation now. I don't know what to do and how to get the police clearance

 

[kabisha]

Hi my friends

I heard that the IAD iscurrently changing the process for allowed appeals reprocessing. Before, It has been that cases went back to the original visa office for reprocessing but now this pilot project is sending them to a processing centre in Ottawa, ON

Does any one heard about this? Please let me know about it

Thanks

 

[newlife23]

You could try calling the Malaysian office itself instead of going through the Consulate here. Try this number and see if it helps. +01160388874000. Good luck

 

[coldgirl]

Thanks so much! Did you use that to get yours also?

 

[newlife23]

Yes, I have tried calling them on that number. But they told me that the wait is about +- 3 months.

 

[coldgirl]

Im sorry to ask you so many questions, but did you apply through the embassy in Ottawa or directly through the office in Malaysia? And also when did you apply? Cause I applied back in November and they told it would take three months also and Im still waiting

 

[newlife23]

No. please don't feel sorry. We are all here to help each other and give moral support to each other. Well. I am a Malaysian and I needed the police clearance to put in my application but sadly I could not as I could not get my clearance certificate since I am on implied status, waiting for CIC's reply on my application to extend my visa here.