London Visa Office

[StressedT]

Hi All - I am really hoping someone here can help with comments on our situation.  We applied in April 2007 for conjugal partner sponsorship in a outland application.  My part of the sponsorship was approved and the file sent to the London office (i am a canadian citizen).  At the same time we applied for criminal rehab for a conviction which was 10 years old. 

In Jan 08 we got notice that the conjugal was denied because they didnt believe the relationship was geniue (5 years with loads of proof) - no word on the rehab.  We appealed and in Oct the ADR was successful and I am told the file was sent back to the London office in early Nov 08.  Its now mid May and still no news. 

Has anyone had experience with the london office? or crim rehab.  The stress is just getting too much!  I have a child here so cannot just get up and go live with him in Europe.

Can you change from outside canada to inside canada application?  I dont want to withdraw the application because 

a - we have been waiting 2 years now and
b - at the time of application 2007  we could not marry as he was not yet divorced but his divorce just came through a few weeks ago 2009 so that would mean a change in catergory as we can marry but we havent lived together for a year to be able to qualify as common law

[RobsLuv]

It's hard to know exactly how long London has had your file back, and even though they are supposed to give priority processing to allowed appeals, people's experience shows otherwise.  Normally I'd just say there's no real standard for how long it takes to finalize an application once a refusal has been overturned under appeal, and all you can do is be patient - knowing that your appeal was allowed and eventually your partner will have his PR.  But there are some things you said in your thread that worry me - and this "delay" you're experiencing could be normal - or it could be ominous!  I feel like there were two other issues of real concern that were not addressed in your original refusal - things that could have easily resulted in refusal also - and because they can refuse a second time for another reason, I'm worried for you.  I don't understand why they refused you on non-genuine grounds, especially with 5 years of proof, when these other issues are more compelling.

First, you applied as conjugal partners when you did not qualify in that category - and you still don't.  The conjugal partner category is almost like a "sub-category" to common-law in that it allows the co-habitation requirement of the common-law qualification to be waived for partners who are prevented from marrying, and who cannot live together for long enough to establish common-law qualification due to immigration barriers that prevent either of them from staying in the others' country, or because of persecution they would suffer due to the nature of their relationship (like how, in some countries, gay couples are persecuted).  But there are no immigration barriers in place that would keep you from going to the UK - even if your partner wasn't being allowed into Canada, and it's highly unlikely you would be persecuted for your relationship.  Simply being unable to marry because he wasn't divorced yet is not qualification as conjugal partners.  The application should/could have been refused for non-qualification as conjugal partners alone.  Second, and even more important, the criminal conviction - without the rehab certificate, they should have found him inadmissible to Canada on criminal grounds . . . but they didn't.  That either means the rehab approval came through (but you didn't indicate that) or this issue is still unresolved.  If so, it could be behind the longer re-processing of your ap since the appeal.  What concerns me is that they could refuse the application a second time on either the conjugal partner qualification, or especially the criminal grounds if there's been no rehabilitation certificate issued. 

What I would strongly suggest you do at this point is two things: find out NOW what's happened to that Rehab application, if you don't already know it's been approved and sent to London.  It it's been approved and London doesn't have it, you've gotta get a copy to them immediately to eliminates the chance that they will refuse again on criminal inadmissibility.  Also - get married ASAP, and get a copy of the marriage license to London immediately.  That will result in your application being changed from conjugal to spousal, and eliminate the chance of them refusing on conjugal ineligibility.

You've come a long way - and filing a new application at this point won't change anything.  You can't file inland unless he's in Canada, and withdrawing your outland application at this point makes no sense and accomplishes nothing.  You just have to make sure that the application they now have is corrected so that you'll have a positive result.  I think, if you take care of the two issues we've talked about as immediately as possible, you'll have a positive result.  However, if it's already too late and your reprocessing results in another refusal, it will be quicker and less expensive to file a new outland application - as spouses, with the criminal rehabilitation certificate attached - and start over again.  I wouldn't go to another appeal.

[StressedT]

Thanks for the reply.  With regard to the category of conjugal partner - while i may not be harassed if I went to live with him in Ireland - the issue was that A - I could not live there legally as he was still married - sure I could have stayed on a 6 month visitor visa and kept renewing it but I have a young child who needs to go to school and this would not have been possible without legal status (a visitor visa would not entitle a child to go to school). And B - my childs father has been extremely resistant to a move out of the country - we have infact this past January ended a 5 month court battle over it and I would have to choose been my child and a new life - obviously not a choice that can be made.  When we went for the ADR the approval with given literally within 10 minutes so we definitely do qualify as conjugal - even the officer at the ADR could not understand the refusal. 

With regard to the criminal rehab - he has visited Canada several times with no issue at all but it was only when we went to a lawyer that we found out that even though this conviction would not show up on the police clearance it would still need to be declared.  The conviction (small fine and 3 month suspend sentence for a assault charge) was more than 10 years ago - in an african country which after 10 years with no reoffending clear the record (we got legal advise on this from said country) - he has not lived there in 12 years as he is a irish citizen.  This country will not issue a pardon or rehab certificate because the conviction is no longer listed.  So the police clearance for this country does not show it at all but lawyer advised best to admit to.  So when we typed up the sponsorship forms we did the rehab application and sent them together with payment for both applications.  We have tried to get a response on the rehab but get nothing at all.  Infact in Feb this year the london office sent back the $200 payment for the rehab application saying that this will be requested if needed once the paperwork is reviewed (so what have they been doing since June 2007? I ask).  How can I find out more info - do you know if the rehab applications are done in canada?  should the london office have sent it to an office somewhere in Canada - if so where - I can try and chase it?  Emails to the london office get no reply.

I did in early March ask my MPs office to request an update from London but the response was that its under review - and to be honest I do not if the MPs office was that interested in trying to help me get info.  I know the MPs office cannot affect the application in any way but I also do know that they can ask whats happening.

As for getting married - I have issues with being "forced" to get married.  Infact in the refusal letter it states that the application was being refused but if we married within literally 40 days they would reconsider???  Forget the fact that his divorce was not completed by their deadline for a marriage (Ireland takes 4 years for divorces - shocking I know but look it up - 4 years! as for cost huge).  And on a personal note - lets face it - his first marriage ended in divorce - even though we do want to get married I do strongly feel it has to be "done right".  We would definitely want family there.   And what if I do marry him and he still then gets refused?  I would then be married to a man who cant come to Canada but I couldnt leave Canada with my child? Its an impossible situation - and to add a different complication my child has medical needs that I am not sure I could pay for if i was living in Ireland and not working.  Also to get married in Ontario as he is now divorced we have to apply for a marriage license which takes two months to get.  We applied for this in Aug - got it in Oct - but it has a 3 month expiry limit - so we would have to keep applying for this until he can come - and its not for free - $100 at a time.

Sorry its such a long read but I am pretty stressed about it as under the current economic conditions i am worried that I may lose my job in the next few weeks and then what - another complication.

[Paddyboy]

What I don't understand is how the visa offices are able to sit for such extraordinary lengths of time with no word or contact from them.
Is this normal?

Also is there any form of seeking redress if you feel the length of time is beyond reason. More importantly is it worth it and who would you chase up something like that?