Spousal sponsorship refusal

[Kahn]

Hi all, I married to my wife on Nov. 23..2018. It was an arrange marriage. She had an interview on Feb. 18./2020and on Feb 20/2020 I got a refusal letter. I have an option to appeal. They think that our marriage is not genuine. Should I appeal or re-appeal. I have seen some of the posts where people have written that their hearing has taken upto 2years. Any suggestions? Thanks

 

[jasperJ]

Hi all, I married to my wife on Nov. 23..2018. It was an arrange marriage. She had an interview on Feb. 18./2020and on Feb 20/2020 I got a refusal letter. I have an option to appeal. They think that our marriage is not genuine. Should I appeal or re-appeal. I have seen some of the posts where people have written that their hearing has taken upto 2years. Any suggestions? Thanks

Before doing either, I would challenge the decision and try explaining the officer what they have ignored during processing of your application and request him/her to re-consider the decision.

if you read the IP2 operations manual, at his own discretion, officer can re-consider his own decision.

In regards to the original question, If you consider the application was rejected due to the lack of proofs, you can reapply with more solid proofs and big explanation letter addressing all the concerns that lead to the refusal.

If your case is complicated, then you are better off appealing the decision and hire a good lawyer.

Disclaimer: I am not a lawyer, but this is what I would do.

 

[jasperJ]

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-decisions.html#refusal

Read last sections

 

[Kahn]

Before doing either, I would challenge the decision and try explaining the officer what they have ignored during processing of your application and request him/her to re-consider the decision.

if you read the IP2 operations manual, at his own discretion, officer can re-consider his own decision.

In regards to the original question, If you consider the application was rejected due to the lack of proofs, you can reapply with more solid proofs and big explanation letter addressing all the concerns that lead to the refusal.

If your case is complicated, then you are better off appealing the decision and hire a good lawyer.

Disclaimer: I am not a lawyer, but this is what I would do.

Who do I contact to challenge the decision and what do I say? There is no officer's name written on the letter. Thanks

 

[canuck_in_uk]

Hi all, I married to my wife on Nov. 23..2018. It was an arrange marriage. She had an interview on Feb. 18./2020and on Feb 20/2020 I got a refusal letter. I have an option to appeal. They think that our marriage is not genuine. Should I appeal or re-appeal. I have seen some of the posts where people have written that their hearing has taken upto 2years. Any suggestions? Thanks

How much time have you spent with her? What was specifically stated in the refusal letter? What happened in the interview?

 

[Kahn]

How much time have you spent with her? What was specifically stated in the refusal letter? What happened in the interview?

We started talking in October 2018. On November 10th 2018 met her in person and also met her family. We got married on November 23, 2018. We had our marriage registered overseas as well. The reason is that they don't think that our marriage is genuine and can I challenge their decision prior to the appeal. Should I appeal or reapply? Thanks

 

[Eveslm]

When did you apply? How much time did you spend together after marriage, before submitting the application?.....did you maintain physical contact/visit her, spend time together after you got married? Because you might have challenges to prove the relationship even when you reapply

 

[Eveslm]

You had a very short span of time between when you started talking-when you met-to when you got married. It might be understandable for some cultures where couples can not meet-up alone etc, but it would paint a clear picture if you made more efforts to meet at-least 2 more times (whether alone/not) before marriage, prolong the relationship for awhile, perhaps a few months then get married. And try to maintain physical contact during the marriage, a couple of visits, then apply for PR. Had it been an inland application, at-least you would have been living together, i guess it might have helped even a little bit

 

[canuck_in_uk]

We started talking in October 2018. On November 10th 2018 met her in person and also met her family. We got married on November 23, 2018. We had our marriage registered overseas as well. The reason is that they don't think that our marriage is genuine and can I challenge their decision prior to the appeal. Should I appeal or reapply? Thanks

So you saw her for a few days and haven't seen her since Nov 2018?

 

[Kahn]

You had a very short span of time between when you started talking-when you met-to when you got married. It might be understandable for some cultures where couples can not meet-up alone etc, but it would paint a clear picture if you made more efforts to meet at-least 2 more times (whether alone/not) before marriage, prolong the relationship for awhile, perhaps a few months then get married. And try to maintain physical contact during the marriage, a couple of visits, then apply for PR. Had it been an inland application, at-least you would have been living together, i guess it might have helped even a little bit

What shall I do now, reapply or appeal?

 

[Kahn]

So you saw her for a few days and haven't seen her since Nov 2018?

Yes. She had biometrics done and then medical was ok. Everything seemed so we'll.

 

[Eveslm]

What shall I do now, reapply or appeal?

If you think you have strong case, you sent enough evidence to support your relationship etc you can appeal. Otherwise you can address the issues that led to refusal and re-apply

 

[canuck_in_uk]

Yes. She had biometrics done and then medical was ok. Everything seemed so we'll.

Why did you not visit at all in over a year? Zero visits since the marriage is a strong indicator of a Marriage of Convenience.

 

[keesio]

Why did you not visit at all in over a year? Zero visits since the marriage is a strong indicator of a Marriage of Convenience.

Agreed. The issue isn't the arranged marriage and short window from the arrangement to the wedding. The issue is mainly that after the marriage, there was no visit at all in a year+. This is what needs to be addressed

 

[chayillove27]

Good afternoon everyone! Hope all is well.

I used an immigration lawyer for my spousal sponsorship application (which I highly regret since my case was fairly simple). I applied in July 2020 and finally received a letter in regards to paying the permanent residence fee $500 in December 2021. In February 2022 I received a letter from IRCC stating that my husband should complete biometrics. In March 2022, I received a letter from IRCC asking if I was in receipt of social assistance ever since I submitted my application back in July 2020. I was on social assistance from June 2021 to August 2021, I paid back OW the money I owed them. OW sent me a receipt stating that I've paid back everything, however they wrote down the wrong amount that I paid making it seem as if I was about $3 short when in reality I paid back everything. I didn't see the mistake on the letter and my lawyers didn't see that either they ended up sending that receipt along with a letter they wrote to immigration. Two weeks later, they sent me a letter stating that their concerns wasn't satisfied because I didn't pay back social assistance. I want to reapply again and do it myself without my lawyer however he's saying that my case is complicated and they want to charge me $5000 for reapplying... that's crazy. My hubby is overseas and I've been raising my son alone, I cannot afford this amount of money but I'm also scared that I'll miss something so minuscule in the application .


I don't know what to do someone please help I need some advice.


Thank you in advance!!