Application inland refused and about to send a new one outland, HELP!

[reginac]

Hello,

   I´ve been using this forum for a while but I haven´t found anyone in the same situation. I applied inland for PR in 2009. The processing time was 2 years and I got refusal letter in 2011.
   Long story short, I overstayed in Canada and hired a very well known consultant (well known but the worst). He didn´t pay any attention to our case because he saw we were in a genuine relationship. We payed him to guide us through the process and after we gave the money, His secretary made everything for us. We had an interview and we got a refusal letter for being in a convinience marriage. I found that the secretary was not apt to fill out the applications plus the consultant did not review our application before sending it. There was hidden information in the applications, it was incomplete and a totally mess.
 
   I´m in Mexico right now and about to send a new application, my husband came  here to helped me out and to be together because I was his only family in Canada. After our consultant new about the refusal he asked for more money to send and outland application. We Haven´t had any contact with him because he was unprofessional and greedy.
Now I´m completing my application with lots of proof, I also added the Interview Notes.
If someone has been in the same situation I´ll really appreciate to read about his/her experience and get some advise. Should I explain about the consultant or just leave the refusal behind and start again?

[isabela]

i think theres no appeal for in land applicants....

[canadianwoman]

The visa officer who reviews your new outland application will get the record of your inland application, so if there are areas that do not match, the visa officer will know. So if the secretary made mistakes, you should write a letter and attach it to your application explaining why the info on the inland and outland applications may not match.

[scylla]

The visa officer who reviews your new outland application will get the record of your inland application, so if there are areas that do not match, the visa officer will know. So if the secretary made mistakes, you should write a letter and attach it to your application explaining why the info on the inland and outland applications may not match.

This is an excellent idea and I agree.

[komar]

Hello,

   I´ve been using this forum for a while but I haven´t found anyone in the same situation. I applied inland for PR in 2009. The processing time was 2 years and I got refusal letter in 2011.
   Long story short, I overstayed in Canada and hired a very well known consultant (well known but the worst). He didn´t pay any attention to our case because he saw we were in a genuine relationship. We payed him to guide us through the process and after we gave the money, His secretary made everything for us. We had an interview and we got a refusal letter for being in a convinience marriage. I found that the secretary was not apt to fill out the applications plus the consultant did not review our application before sending it. There was hidden information in the applications, it was incomplete and a totally mess.
 
   I´m in Mexico right now and about to send a new application, my husband came  here to helped me out and to be together because I was his only family in Canada. After our consultant new about the refusal he asked for more money to send and outland application. We Haven´t had any contact with him because he was unprofessional and greedy.
Now I´m completing my application with lots of proof, I also added the Interview Notes.
If someone has been in the same situation I´ll really appreciate to read about his/her experience and get some advise. Should I explain about the consultant or just leave the refusal behind and start again?

We applied inland in June 2009. The file was transferred to local office in Dec and got refused in Jan2010 without an interview or request for more documentation. We were told to try outland by everyone we consulted. We decided against it. Applied inland again in April 2010, got first stage approval in March and final approval in June 2011, again without an interview. I have yet to see a lawyer or consultant who makes an effort to have your forms completed or thoroughly reviewed.

My advice is to write a cover letter where you explain your initial application and answer, with proof, all the concerns that were raised in the refusal letter and interview. Be honest and to the point. In the immigration forms, do not leave any gaps in dates (not even a single month!) in the background, address and employment history dates.

Attach everything that you think is relevant even if it is Canadian govt. issued. Do not assume that because you already submitted a certain proof or document with the last application, or that a certain document is Canadian Govt or even CIC issued, they will already have it in their record. Your application should be complete in every sense of the word so that the officer looking at it doesnt have to refer to any outside source because they wont!

Once you have filed the application, please DONOT wait for them to ask for documentation or information, send regular updates to prove that you are in a loving and continuing relationship.

Best of luck!

[canadianwoman]

Attach everything that you think is relevant even if it is Canadian govt. issued. Do not assume that because you already submitted a certain proof or document with the last application, or that a certain document is Canadian Govt or even CIC issued, they will already have it in their record.

Yes, I agree with this. You must assume they do have records of everything you've sent them before, so don't contradict anything; and if there are contradictions because of the secretary's mistakes, explain them. But at the same time, things get lost, not everything is kept, the VO may not look at all the background sent in the CAIPS notes, etc. So if anything is vital to your case, send it again, even if it was included in the first application.

As an example from my case, my husband's PR file included the fact that he had applied for two TRVs to Canada, and included the refusal letters. But the file did not include the interview notes from the first TRV application, and it did not include the letters of invitation I sent him. So basically what could hurt his case (the fact he applied for two TRVs and was refused) was in the VO's hands; what could have helped his case (the fact that he referred to me as his girlfriend in the interview, and the letters of invitation from me) was not. If I had known about FOSS and CAIPS notes at the time we applied for his PR visa, I would have sent in a copy of that interview and the invitation letters.

[spicymum]

Hi Canadian woman, I just thought to mention in passing that the fact ALONE that your husband applied for and was refused two TRVs does not hurt a pr sponsorship application. It depends on the reason for the TRVs refusal(s). A very common reason why TRVs are refused is where the visa officer is not convinced the applicant's intended visit was indeed 'temporary'; this does not affect a pr application as far as i know.

[canadianwoman]

It depends on the case and the country. For people from the 'Third World', too many failed attempts to get into a 'First World' country will hurt the PR application - it looks like they will do anything to get out, including, the VO assumes, trying a fake marriage. How many is too many will vary; one seems harmless to me.

In the summary of my husband's application at the beginning of the CAIPS notes, the first thing mentioned is that he has two failed TRV attempts. It didn't sound like the VO thought it was neutral.

[spicymum]

  @   Canadianwoman: Yes, i believe it depends on the "circumstances"; country ...I dont see how, except some special circumstances. Source: my experience. My hubby was denied TRVs twice; trying to come visit me in Canada from Nigeria. Our application is not thru yet, but I am 100% certain that those denied TRVs is not an issue we should be worried about. At this point, we are more concerned about the whole "genuine relationship" issue.

I can see how similar facts with denied TRVS might cause someone to infer a desperate need to migrate to a "more developed" country and might not look so good for a genuine relationship with someone in such a country but I think that's just stretching it a bit.  

I just read some of your posts and it makes me really mad to see how someone sitting in his/her office chair gets to exercise so much control over another's family situation and lives, in general. Stay strong!!

[jdwhite21]

We applied May '09 inland and were denied Oct '10. We have since reapplied Outland and our application has started processing in Guatemala as of May 17. I dont really have any better advice than what was already given to you but I would just like to say that I wish you the best of luck and hang in there, I know how hard it can be, stay positive!

Jess

[reginac]

Thank you so much everyone for your answers. I feel better knowing that I'm not the only one in the same situation here.
I printed my new application and is like three times bigger than my first application. I will include the CAIPS notes with an explanation point by point of everything. I wasn't sure to write about the incompetence of the consultant but I think canadianwoman and komar are right, I should explain the secretary's mistakes.
  I'm starting to see the light again and I wish LUCK to everyone here.
Thank you and please update when someone get news.