what after refusal

[bibace]

Hello guys!
wonderful forum such a help !
what I want to ask is:
what's gonna happen if my application for inland spouse sponsorship will be refused? there are some circumstances that may cause a refusal under the spousal class
i hope it will be not refused but i want to know - can I apply under another family class right after the refusal or should I first leave the country and apply outside Canada?
my only concerns is not leaving canada and stay here with my husband and child Canadians
tnx

 

[computergeek]

Hello guys!
wonderful forum such a help !
what I want to ask is:
what's gonna happen if my application for inland spouse sponsorship will be refused? there are some circumstances that may cause a refusal under the spousal class
i hope it will be not refused but i want to know - can I apply under another family class right after the refusal or should I first leave the country and apply outside Canada?
my only concerns is not leaving canada and stay here with my husband and child Canadians
tnx

You have several options:

- You can challenge the refusal on legal ground by filing a leave request for Judicial Review with the Federal Court of Canada. For this you really need to find a qualified and experienced attorney to represent you.
- You can apply via the outland process, in which case a refusal can be appealed to the IAD. Note that as long as you are in status, you may remain in Canada even with an outland application
- You can apply in an economic category, if you qualify.

It would be rather unusual for an inland application with a child involved to be refused.

Has your sponsor been approved ("stage 1"). If so, the only reasons they would reject you would normally be due to criminal or security concerns, although medical issues that threaten public health or safety are legal grounds for refusal.

Thus, I'm curious why you think they might refuse you.

 

[bibace]

tnx computergeek

well still nothing from cic, we applied in July 2012
the reasons why they could reject us is maybe they could not accept us as legally married couple. we are married almost 5 years having child together but anyway. couple of layers said we could apply probably there not will be a problem... but...
i hope that refusal will not going to happen but I know cic are really rigorous

 

[computergeek]

well still nothing from cic, we applied in July 2012
the reasons why they could reject us is maybe they could not accept us as legally married couple. we are married almost 5 years having child together but anyway. couple of layers said we could apply probably there not will be a problem... but...
i hope that refusal will not going to happen but I know cic are really rigorous

July 2012 wasn't so long ago. I'd expect you would receive an AOR in November or December - it seems to come about a month before they review your file for AIP ("first stage" or sponsor approval).

According to the manuals, children are generally a strong factor in establishing the legitimacy of a relationship. Couples in an MOC do not typically have children together. Unless there is some other factor involved here, I'd be rather surprised if CIC were to reject your application.

Did you have a lawyer prepare your application, or did you do it on your own?

 

[bibace]

we prepared our application by our own but have consulted layers also. even we wrote an additional letter with a layers help where we explained everything. It's not important for me how I would get the status i am prepared to wait even for years just to be in Canada with my husband and raise a child as a complete family
even started a business settle down in a apartment ...
god help us

 

[computergeek]

we prepared our application by our own but have consulted layers also. even we wrote an additional letter with a layers help where we explained everything. It's not important for me how I would get the status i am prepared to wait even for years just to be in Canada with my husband and raise a child as a complete family
even started a business settle down in a apartment ...
god help us

It should not take years. Inland sponsorship currently is published as taking 5-6 months, and then second stage requires 8 months for 80% of applicants. So that means the total time should be 13-14 months for the vast majority of applicants.