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Withdrawing vs Refusal

Phalos

Champion Member
Jun 19, 2020
2,565
1,291
If a you were told at interview that you application is going to be refused based on not genuine and they are taking their sweet time with their decision ( 1 month+ still no DM).
Would it be better to withdraw the application and reapply, or, keep waiting for Refusal and Appeal.

Circumstances:

Red flags on gcms were: honeymoon not taken ,no photos of outings together, no visits, quick marriage and no proof cohabitation.

What would be better:
1.Wait for refusal, appeal and add these proofs to the appeal.

2. Withdraw application, correct proofs and Reapply with a stronger application.

Your opinions are appreciated.
Thanks.
 

muscletech

Hero Member
May 26, 2020
501
234
App. Filed.......
24-02-2020
AOR Received.
10-03-2020
If a you were told at interview that you application is going to be refused based on not genuine and they are taking their sweet time with their decision ( 1 month+ still no DM).
Would it be better to withdraw the application and reapply, or, keep waiting for Refusal and Appeal.

Circumstances:

Red flags on gcms were: honeymoon not taken ,no photos of outings together, no visits, quick marriage and no proof cohabitation.

What would be better:
1.Wait for refusal, appeal and add these proofs to the appeal.

2. Withdraw application, correct proofs and Reapply with a stronger application.

Your opinions are appreciated.
Thanks.
Which Visa Office is it? That also needs consideration.
 

Diana1993

Star Member
Mar 17, 2020
94
40
Hey! I am not sure if you can bring additional proof at the appeal stage. I think the immigration appeal division will decide on the officer's decision if it was reasonable or not at the time of the application assessment. So let's say if the officer didn't have enough proof before him/her that would be satisfactory, the court might say that the decision was reasonable, and you would loose. It's a lengthy process, I'd say is better to withdraw and to resubmit a stronger application if you can.
But again, look carefully into this, look into regulations.
 

Canada2020eh

Champion Member
Aug 2, 2019
2,194
887
If a you were told at interview that you application is going to be refused based on not genuine and they are taking their sweet time with their decision ( 1 month+ still no DM).
Would it be better to withdraw the application and reapply, or, keep waiting for Refusal and Appeal.

Circumstances:

Red flags on gcms were: honeymoon not taken ,no photos of outings together, no visits, quick marriage and no proof cohabitation.

What would be better:
1.Wait for refusal, appeal and add these proofs to the appeal.

2. Withdraw application, correct proofs and Reapply with a stronger application.

Your opinions are appreciated.
Thanks.
Tough situation Phalos. I don't know enough about the appeal process to give an opinion but I wish you the best with whatever option you choose.
 

Phalos

Champion Member
Jun 19, 2020
2,565
1,291
Tough situation Phalos. I don't know enough about the appeal process to give an opinion but I wish you the best with whatever option you choose.
Yes I rushed into sponsorship without learning about the process and the new tougher requirements.
Hey! I am not sure if you can bring additional proof at the appeal stage. I think the immigration appeal division will decide on the officer's decision if it was reasonable or not at the time of the application assessment. So let's say if the officer didn't have enough proof before him/her that would be satisfactory, the court might say that the decision was reasonable, and you would loose. It's a lengthy process, I'd say is better to withdraw and to resubmit a stronger application if you can.
But again, look carefully into this, look into regulations.
An IAD hearing is a De Novo Appeal meaning fresh evidence can be brought forth. However, I dont know if they weigh more on the evidence at the time of application.
 

andrew3081

Hero Member
Apr 6, 2018
286
76
Some visa offices take their sweet time to process withdraw.
I requested withdraw for visitor visa like in February, 2021 and they still haven’t process it.
 
  • Wow
Reactions: Phalos

Western Mountain Man

Hero Member
Nov 2, 2018
667
294
Canada
They would have asked your wife many personal questions about you during the interview.
- Order the notes
- Get advice from a reputable lawyer.

Plan a trip and spend ' lots ' of time together.
You seem to have some idea where this is heading so figure out what your best options are without going crazy.
 

Phalos

Champion Member
Jun 19, 2020
2,565
1,291
They would have asked your wife many personal questions about you during the interview.
- Order the notes
- Get advice from a reputable lawyer.

Plan a trip and spend ' lots ' of time together.
You seem to have some idea where this is heading so figure out what your best options are without going crazy.
Yep, easier said than done though.
 
  • Haha
Reactions: esam99