Still 0 news about my wife's passport submission that was received by VFS 15 days ago. Now I *REALLY* wish we had submitted to Warsaw.
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- Thread starter Diana-Armenian
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Thanks!
The DHL staff was not co-operating and rude. So we decided to go ahead with UPS and they seem to know what they are doing.
Hi peeps. Long time no see haha
Just wanted to share what’s going on with our case. Nothing interesting tho. More than two weeks ago we sent a letter to Warsaw requesting to reopen our file and reconsider the decision. It’s a procedure that they can’t ignore. The letter was written by us with help of MP and a lawyer. We really did our best, and also included some of *hardcore* proofs that we were able to collect while writing the letter. So as you can imagine no reply from them was received so far. Yesterday we contacted MP to ask for assistance and today they reached back to us saying that Warsaw put Nov 1st as a date when they review our letter. So today we sent our notice of appeal to Montreal (not to Toronto) office since my partner is from Ottawa. Hope it doesn’t mean it would be as delayed as the whole Quebec program. Not really believe in anything good from Canada anymore, still can’t get over the fact how cruel we were treated, how hard it crushed our lives... but! The great news is that we are together now and making plans for the next year (There’s a stupid joke that 2021 won’t come) so everything is much much better. Happy thanksgiving! I’m so happy for everyone who was approved and reunited with their family. Will share updates in November apparently.
Just wanted to share what’s going on with our case. Nothing interesting tho. More than two weeks ago we sent a letter to Warsaw requesting to reopen our file and reconsider the decision. It’s a procedure that they can’t ignore. The letter was written by us with help of MP and a lawyer. We really did our best, and also included some of *hardcore* proofs that we were able to collect while writing the letter. So as you can imagine no reply from them was received so far. Yesterday we contacted MP to ask for assistance and today they reached back to us saying that Warsaw put Nov 1st as a date when they review our letter. So today we sent our notice of appeal to Montreal (not to Toronto) office since my partner is from Ottawa. Hope it doesn’t mean it would be as delayed as the whole Quebec program. Not really believe in anything good from Canada anymore, still can’t get over the fact how cruel we were treated, how hard it crushed our lives... but! The great news is that we are together now and making plans for the next year (There’s a stupid joke that 2021 won’t come) so everything is much much better. Happy thanksgiving! I’m so happy for everyone who was approved and reunited with their family. Will share updates in November apparently.
I'm rooting for you man, I suspect the appeal process will go in your favor if you follow through. It's just a shame it has to get to that.
Thank you! Now hoping that we get it back soon.Congrats on ppr/copr! The wait is finally over
Our spouse sponsorship application was received on January 2020 , transferred to warsaw visa office on February 2020 , done biometrics on February , status on ECAS changed to (in progress ) again on August 31 , but yet no medical exam request , background and eligibility checks Are under review , anyone is in similar situation or received late medical request from Warsaw? Thanks
Good luck to you! We also going through the appeal process. We are waiting to hear if our case can be resolved through the ADR.
Thank you. Same for you! Could you please tell me more about ADR? I know very little of the appeal process. We sent our notice of appeal two days ago. What’s next? Waiting? Can we be proactive somehow? We were waiting for GCMS notes to arrive to have a consultation with a lawyer. We actually just received them and it says while they’re satisfied that we traveled together for quite some time they can’t count this time as a cohabitation period which is so stupid. I don’t really know what we can do about that. Still going to arrange a consultation soon, probably lawyers know how to convince IRCC in this case. It just bothers me so much that someone is not satisfied with the life you had, experienced, lived. It doesn’t say anywhere you can’t travel during your cohabitation period, you just have to live together, that’s basically all. They just make their own rules to make it more difficult to meet requirements. The funniest part of this is that we had to travel to just stay together since Canada and Russia have strict visa policies involving a lot of bureaucracy on every level you have to deal with. Still waiting for a reply from Warsaw in November but as I said my expectations are very low.
Definitely a lawyer should be able to find cases (in case law/IAD decisions) specifically about whether time travelling counts as cohabitation - and that would be the thing to push him/her for, what are specific cases or precedent about travelling during cohabitation?. My understanding is that it can count, there's no legal reason saying it doesn't, but can be more difficult to demonstrate, so obviously one key thing there is to get as much specific documentation as you can about the travelling periods, i.e. that you were always together during the times 'away'.
So a few quick questions:
-how much of the time period you were counting as cohabitation was travelling together? How long was your cohabitation period? (From start to the time you submitted)
-what was your biggest gap apart - a week, a month? How often or how much were you apart?
-did you maintain a main or single residence throughout this period? For example, if your cohabitation period started in "voronezh" (just for example), did you maintain that residence throughout that period?
-alternatively were there gaps between where you didn't have a 'home base' but were just travelling together? A simplified timeline may help to understand.
There was a thread here where a couple, one from New Zealand I think, had spent most of their twelve month cohabitation period travelling, and was successful. I think unlike your case she (he?) got a Procedural Fairness Letter, instead of a refusal. I still think that's the weird part and that may be against procedures, that if there was a question that you actually cohabitated - unless it was a 100% solid decision with no question of judgment involved - you should have got a procedural fairness letter, a chance to respond with documentation to clarify the uncertainty.
Again, not a lawyer, and this may be a good question for a lawyer, I think you should only have got a refusal (without the procedural fairness letter step) if the case that you did not cohabitate was 100% manifestly certain - for example, when you submitted your cohabitation period (by your own documents and submission) was less than 12 months - even one day.
I'm kind of speculating on this but: is it possible that you cohabitated for (say) 13 months but were apart for 40 days? I.e. some nit-picking officer decided that they wouldn't count the days apart but otherwise your time periods were okay? I raise this as a possibility because even though it's _logical_ (from one perspective), it's also _wrong_ in a legal sense. Wrong because they would not subject a couple that had one apartment/household but one partner travelled two days a week to the day-counting exercise.
(There's a separate point about the meaning of common law of having 'established a joint household' or something like that - but if the text of the GCMS note above is complete, that's actually good for you - I believe there's a concept that they shouldn't bring up new objections later, you should only have to respond to the objections noted, but I'm not certain how that plays legally)
For those of you who may be interested in how fast the Moscow VAC is operating, they've received our application on September 30th and we received tracking information today, 19 days later, with the note that they've sent the papers to the Embassy. I'm expecting it'll take at least a week or two to get it back in Novosibirsk.
Hello,
I have applied for PR
My AOR is Oct 21,2019,
I received ADR request on March17,2020
Till now I haven't received any further communication or requests, my medical will expire next month.
Any ideas or suggestions?
I have applied for PR
My AOR is Oct 21,2019,
I received ADR request on March17,2020
Till now I haven't received any further communication or requests, my medical will expire next month.
Any ideas or suggestions?
My spouse's medicals expired the beginning of October. We are just hoping that the expiration date is extended like many other things. We are still waiting for an interview since March 5th and still nothing... Seems like many other visa offices are starting to ramp up, but not Warsaw. So frustrating.
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Hi there, we filled our appeal in August this year. The visa office has 4 months to sent our file to the appeal board. The first step is to see if ADR will accept our case or not. If they don't accept then we will have to wait for a FULL HEARING. I am hoping ours will be approved via ADR. This process just sucks. We first started our PR application in June 2018. Our case is a little different. Our PR was denied due to ARC( Authorization to return to Canada) being denied. The issue is not the genuineness of our relationship. They think we are not going back to Canada!!
Feels like this office doesn’t miss any change to take away people’s happiness.