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livin

Star Member
Oct 10, 2011
101
7
Category........
Job Offer........
Pre-Assessed..
Does anyone know how to confirm if the appeal forms have been received? Do i call CIC-Mississauga to find out? My lawyer said that he submitted it for me last Tuesday in person in Toronto. I don't want to just take his word for it, this is very important.

Also where does the ADR take place? In my own city?? And what is this about a pilot project where Ottawa may continue processing after an appeal win?? Has anyone ever experienced this?

thanks
 

love bird 43

Hero Member
Aug 13, 2011
320
29
Job Offer........
Pre-Assessed..
Hi ,
if you are in toronto , you can call not the cic miss,,, but call immigration appeal devsion, for that acknowledgment,you will
recevie it .
2- A p project is i dont know too much about because my appeal was allowed in dec 10,

3- your adr will be in misssaga,they will guide you dont worries.
 

love bird 43

Hero Member
Aug 13, 2011
320
29
Job Offer........
Pre-Assessed..
Hi all,
ALHAMDULLILAH, i am in canada , toronto,area is brampton, now , and the problum is i have got , to go to the banks, social offices
etc, can someone guide me plz , any area, where i can go and do my initial things, etc, and i want to go to that kind of place
where i can easely find out a bank social office in a row, for that , i am looking to use a public transport, has someone got exprience about it plz guied me thanks. i heard about dundas street , in misssaga, how far is that
 

livin

Star Member
Oct 10, 2011
101
7
Category........
Job Offer........
Pre-Assessed..
love bird 43 said:
Hi ,
if you are in toronto , you can call not the cic miss,,, but call immigration appeal devsion, for that acknowledgment,you will
recevie it .
2- A p project is i dont know too much about because my appeal was allowed in dec 10,

3- your adr will be in misssaga,they will guide you dont worries.
I waited in the CIC queue for over 20 mins this morning to find out that I had to call the immigration appeal division. They confirmed that they rec'vd my appeal forms and that they mailed me an acknowledgment letter..What's next? When do they mail me the "record" or the exact reason why they refused my husband? and usually how long does it take to get an ADR date?
 

Habibti

Hero Member
Apr 4, 2011
804
44
Vancouver, Canada
Category........
Visa Office......
Rabat, Morocco
Job Offer........
Pre-Assessed..
App. Filed.......
08-02-2011
File Transfer...
31-03-2011
Med's Done....
10-01-2011 / 06-09-2012
Interview........
12-09-2011 / Denied 4-11-2011
VISA ISSUED...
January 9, 2013
LANDED..........
January 18, 2013 in Montreal
livin said:
I waited in the CIC queue for over 20 mins this morning to find out that I had to call the immigration appeal division. They confirmed that they rec'vd my appeal forms and that they mailed me an acknowledgment letter..What's next? When do they mail me the "record" or the exact reason why they refused my husband? and usually how long does it take to get an ADR date?
Hello livin!

I read that you don't know the exact reason why your husband was denied. It is the same for me. There were no explanations no arguments no facts no reasons why they refused him other than they believe our relationship is not genuine. I thought my husband and I were the only ones to receive a poorly written refusal letter... I did not know that CIC is going to mail me a record or other papers...
 

livin

Star Member
Oct 10, 2011
101
7
Category........
Job Offer........
Pre-Assessed..
Habibti said:
Hello livin!

I read that you don't know the exact reason why your husband was denied. It is the same for me. There were no explanations no arguments no facts no reasons why they refused him other than they believe our relationship is not genuine. I thought my husband and I were the only ones to receive a poorly written refusal letter... I did not know that CIC is going to mail me a record or other papers...
my lawyer said that i will receive the "record" which will list the reason why my husband was refused.
Apparently the Visa Office has a quota, and chances of getting a visa around Christmas aren't that good.
My husband answered all the visa officers questions and she was just trying to find somethin to refuse him on and couldn't in his face. She even lied to him telling him that she can see that our relationship is genuine and that she will call him to tell him when to bring his passport-we were 100% sure that he was going to get the visa. she basically lied to his face and stated the opposite in the letter. How can people live with themselves lieing like that?
 

Habibti

Hero Member
Apr 4, 2011
804
44
Vancouver, Canada
Category........
Visa Office......
Rabat, Morocco
Job Offer........
Pre-Assessed..
App. Filed.......
08-02-2011
File Transfer...
31-03-2011
Med's Done....
10-01-2011 / 06-09-2012
Interview........
12-09-2011 / Denied 4-11-2011
VISA ISSUED...
January 9, 2013
LANDED..........
January 18, 2013 in Montreal
livin said:
my lawyer said that i will receive the "record" which will list the reason why my husband was refused.
Apparently the Visa Office has a quota, and chances of getting a visa around Christmas aren't that good.
My husband answered all the visa officers questions and she was just trying to find somethin to refuse him on and couldn't in his face. She even lied to him telling him that she can see that our relationship is genuine and that she will call him to tell him when to bring his passport-we were 100% sure that he was going to get the visa. she basically lied to his face and stated the opposite in the letter. How can people live with themselves lieing like that?
That is not true the visa offices have a quota. My immigration consultant told me so. There is absolutely NO quota for spouses or children.

I cannot believe this visa officer lied to your husband!!! That is awful! I wonder if she wrote that in her notes...
 

jl_pamittan

Star Member
Oct 19, 2011
62
0
Category........
Visa Office......
Manila
Job Offer........
Pre-Assessed..
App. Filed.......
25-JAN-2011
Doc's Request.
02-FEB-2011
File Transfer...
19-FEB-2011
Med's Done....
APRIL 2011
Passport Req..
02-FEB-2011
VISA ISSUED...
Waiting
LANDED..........
SOON
Hi everyone, can you please look at my case. im so worried im about to be refuse. I received a letter from CEM i have problem with my application. i was so confused i don't know what to do. please read letter below. they give me 45 days to do this. when my wife applied for her PR she don't know that there is such clause about this living together thing. we did live together here in Philippines before she went to Canada. We are not yet married that time so she did not put me on her PR application. we are only married April 2010. So after that we applied for spousal sponsorship. now we will be refused because of living together before marriage. can anyone help me with this. thanks a lot.



A Preliminary review of your file, based on the information and documentation you have submitted to date, raises concerns that you may not meet the requirements for immigration to Canada.

Subsection 12(1) of the immigration and refugee protection act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.

Paragraph 117(9)(d) of the Immigration and Refugee protection regulations establishes the circumstancesunder which a person may be excluded from the family class, notwithstanding their personal relationship to their sponsor. Specifically, the regulations state:

117(9)(d) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if subject to subsection(10), the sponsor previously made an application for permanent residence and became a permanent residence and at the time of that application, the foreign was a non-accompanying family member of the sponsor and was not examined.

Based on information you have presented to this office you and your sponsor cohabited from January 15, 2004 to April 4. 2006. Since that period is over one year, under the immigration and refugee protection regulations, you and your sponsor would have been common law partners. However from the record on file, your sponsor did not declare you as her dependent, either on her application for permanent residence, or when she obtained permanent residence on September 23,2009. it would appear that you fall within the exclusion established above provision.

Before an officer proceeds to a final decision, we would like to offer you the opportunity to respond to this concern.

If your sponsor can demonstrate that you were declared as a family member and examined at the time of his/her application for permanent residence. it may be possible to proceed with your application. One way of demonstrating that you were declared as a family member would to be to provide a copy of your sponsors application for permanent residence. if you sponsor does not have personal records, he/she may wish to contact representative who might have assisted in their application and retained a copy of their file.
 

hambzik

Hero Member
Nov 1, 2011
224
6
Category........
Visa Office......
CHC New Delhi
Job Offer........
Pre-Assessed..
Doc's Request.
Sept 2011
File Transfer...
Aug 21st
Med's Request
Oct 2011
Med's Done....
Oct 2011
Passport Req..
19 Oct
VISA ISSUED...
wait is over, 12-12-2011
LANDED..........
in Vancouver on 27th Dec. 2011
jl_pamittan said:
Hi everyone, can you please look at my case. im so worried im about to be refuse. I received a letter from CEM i have problem with my application. i was so confused i don't know what to do. please read letter below. they give me 45 days to do this. when my wife applied for her PR she don't know that there is such clause about this living together thing. we did live together here in Philippines before she went to Canada. We are not yet married that time so she did not put me on her PR application. we are only married April 2010. So after that we applied for spousal sponsorship. now we will be refused because of living together before marriage. can anyone help me with this. thanks a lot.

...................
I think you should immediately hire a lawyer, I mean a lawyer, not a consultant.. You are right, your case is in trouble. You should have hired a lawyer before filling the application since your case is complicated from scratch
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
jl_pamittan said:
Hi everyone, can you please look at my case. im so worried im about to be refuse. I received a letter from CEM i have problem with my application. i was so confused i don't know what to do. please read letter below. they give me 45 days to do this. when my wife applied for her PR she don't know that there is such clause about this living together thing. we did live together here in Philippines before she went to Canada. We are not yet married that time so she did not put me on her PR application. we are only married April 2010. So after that we applied for spousal sponsorship. now we will be refused because of living together before marriage. can anyone help me with this. thanks a lot.
I don't think an appeal will help you because the law was properly applied in your case. In other words, according to the rules, your application should be rejected because your spouse failed to declare you as a common law spouse before landing and this means you no longer qualify to be sponsored under family class.

I think your only option might be H&C. But even that is probably a very very long shot...

Sorry.
 

livin

Star Member
Oct 10, 2011
101
7
Category........
Job Offer........
Pre-Assessed..
I agree, you should hire a good lawyer. I know it's expensive, but you can't do this on your own. Wishing you much luck.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,946
Hi

scylla said:
I don't think an appeal will help you because the law was properly applied in your case. In other words, according to the rules, your application should be rejected because your spouse failed to declare you as a common law spouse before landing and this means you no longer qualify to be sponsored under family class.

I think your only option might be H&C. But even that is probably a very very long shot...

Sorry.
If the OP is refused under 117(4) then s/he is no longer a member of the family class. As only members of the family class can benefit from H&C at the Appeal in spousal cases, H.& C. is not available to the OP.
 

noor.30.09

Newbie
Dec 17, 2011
7
1
hi dear friend i want a information about my case proccssing
i won the IAD Appeal Hearing in in 13.Oct.2011
decission made in 26.Oct.2011
Recieved letter in 06.Dec.2011
a copy of this decission has sent to CHC Islamabad
so can any one tell me how much more time need for medical test & visa
:'( :'(
 
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hambzik

Hero Member
Nov 1, 2011
224
6
Category........
Visa Office......
CHC New Delhi
Job Offer........
Pre-Assessed..
Doc's Request.
Sept 2011
File Transfer...
Aug 21st
Med's Request
Oct 2011
Med's Done....
Oct 2011
Passport Req..
19 Oct
VISA ISSUED...
wait is over, 12-12-2011
LANDED..........
in Vancouver on 27th Dec. 2011
noor.30.09 said:
hi dear friend i want a information about my case proccssing
i won the IAD Appeal Hearing in in 13.Oct.2011
decission made in 26.Oct.2011
Recieved letter in 06.Dec.2011
a copy of this decission has sent to CHC Islamabad
so can any one tell me how much more time need for medical test & visa
:'( :'(
Hey noor,

I had similar case but in CHC, New Delhi. The processing time may be different, and I beleive Islamabad takes longer time for security and BC as compare to New Delhi. Anyways, our IAD was on June 2nd, We re3cvd letter on June 15, and then, I hear from CHC in September so three months, I just received my PP with Visa yesterday, so it was over 6 months total process after hearing.

Wish you good luck.