Inland Application 2011

[ericc]

4months since AIP. For me it's been 9months now since AIP. Got AIP in April 2012, been waiting for second stage ever since. Btw I applied in June 2011.

Me as well.

 

[ericc]

Her parents and sisters will not be examined so you don't need medicals or PCCs for them. Only her children (and grandchildren) would need to be examined, since you're the spouse and thus not being examined either.

computergeek,
Happy New year First of all. I applied on 13th June, 2011 and I got AIP on 19th April ,2012 including work permit of course; letter from CIC requesting submiting Medical, police certificate and copy of my passport, I sent all document on 09th June, 2012. On 3rd November I got a letter saying that a copy of my passport I sent is missing a bio data page and advising me to submit a Valid copy that has a bio data page. I sent a new copy on 09 November, 2012. I ordered my FOSS notes on 3rd December, 2012 and I got it on 2nd January, 2013. When I look at it, the forward date was 30 December, 2012 unfortunately it was sunday (weekday). I didn't hear anything till now.What should I expect about my 2nd stage approval? What should be the reason of the delay?

 

[CanED]

computergeek,
Happy New year First of all. I applied on 13th June, 2011 and I got AIP on 19th April ,2012 including work permit of course; letter from CIC requesting submiting Medical, police certificate and copy of my passport, I sent all document on 09th June, 2012. On 3rd November I got a letter saying that a copy of my passport I sent is missing a bio data page and advising me to submit a Valid copy that has a bio data page. I sent a new copy on 09 November, 2012. I ordered my FOSS notes on 3rd December, 2012 and I got it on 2nd January, 2013. When I look at it, the forward date was 30 December, 2012 unfortunately it was sunday (weekday). I didn't hear anything till now.What should I expect about my 2nd stage approval? What should be the reason of the delay?

Hi All,

stupid question again, but where do you see the forward date on the notes???

 

[gjfst]

Hi All,

stupid question again, but where do you see the forward date on the notes???

That's a good question , i didn't find any BFD as well on my notes.

 

[computergeek]

Hey everyone. I checked ecas this morning and a decision was made on january2nd for both sponsorship and permanent residence. Under permanent residence it says in process and then decision made right afterwards. I think this is a clear refusal. But I also know how unreliable ecas is... Is there some remote chance this is not a refusal?

It's certainly possible it isn't a refusal, but given the background of your story I suspect you're right - that the "DM" is a refusal and she has decided you have an MOC. I hope you challenge her on this because from what I can tell she has made a poor decision and has not afforded you procedural guarantees.

The one good thing is that because her DM came after your request for additional time to submit evidence the chance of being overturned by the Federal Court on that basis alone is quite high - they really don't like that sort of thing. The Federal Court gives no deference to the tribunal (in this case the visa officer) when it comes to issues of procedural fairness.

I've often wondered how many of the MOC refusals were legitimate - the government has represented that the 8% of inland applications are marriages of convenience and I wonder how many of those refusals are illegitimate but people don't fight.

One good thing about Federal Court is that it's much faster than IAD appeals (at least in Toronto). Outland is popular because of the IAD appeals route, but frankly the idea of waiting 2.5 years for a hearing is an ugly one.

Of course, I couldn't blame you if you decided to just move. Then you can re-file at a later time. A different decision make might very easily reach a different opinion after an interview.

My other suggestion: order your case notes. Request a physical copy of your file. Note anything that is missing from that physical copy that you submitted. They will have to submit an electronic copy of the notes if you do file an application for leave ("Rule 9") and that generally takes about 2 weeks. The physical file will likely require longer (it took 2.5 months for mine.) One other thing that happens once you file an application for leave is that someone WILL review your file.

Before filing, you may wish to submit a request for reconsideration to the program manager in Vegreville and include the additional evidence. The problem is that unless they reopen your file within the 15 days allowed you need to file that leave application, though you could fuse your letter, stating that it is your intent to file the application but will give them until the end of January to respond. Then when you file the leave application you can also file a motion to allow for late filing (it's likely it would be allowed given that you were giving the VO time to consider the additional evidence and re-open your file).

If you do ask for reconsideration send it via courier - you want evidence that it was received. That will be important as well.

 

[ericc]

Hi All,

stupid question again, but where do you see the forward date on the notes???

Mine is on the 3rd page of FOSS notes. You will see thinks like: Creation date, last access date, bring forward, requestor initials too. Read carefully.

 

[tow75]

We both intend to fight her on this one. My main questions right now are:

If we get the IOs decision overturned, could we seek temporary residency as a remedy so we could both return to Canada and continue with the processing of our file? I noticed that in one of the cases on canLII the applicant asked for a stay of a deportation order.

My husband told me that when he spoke to the io on the phone the day after our interview she told him it would help if we had letters from people attesting to our relationship. So we mailed in the 4 letters that the io wouldn't take at the interview, and my neighbor who is a good friend of ours offered to call the io. He's in his 40s (we're both 22) and he went through a similar dilemma trying to sponsor his ex boyfriend so he was going to tell her that he knew I was too intelligent to be tricked by my own husband, how he couldn't be fooled by a 22 year old, etc.... But she hung up on him( I think I've mentioned this before). Could this be considered deliberately ignoring evidence?

After the interview the io handed us her business card for really vague reasons. She never told us we couldn't give it out. Given the deadline she gav us we thought it would be the fastest way to prove our relationship is genuine. Are IOs even allowed to give out their office numbers?

Also, we sent our extension letter on the morning of the 21st. I saved the signed original, and the email confirmation that it had been successfully faxed. Is there the possibility that she could claim she never got it, or that it got lost?

The forms for leave all seem really complicated to me. We have a consultation with a lawyer on Thursday so I'm hoping I can get help with the forms that way.

 

[Dondon86]

Is thers any news from 2011 Inland application. Its been 4 months since my AIP. Oh my Goodness its very frustrating to wait.. I wish they are back from Holiday...

Am in the same timeline too, no news yet :'(

 

[computergeek]

If we get the IOs decision overturned, could we seek temporary residency as a remedy so we could both return to Canada and continue with the processing of our file? I noticed that in one of the cases on canLII the applicant asked for a stay of a deportation order.

You could request that the Judge issue an order that a TRV be granted (subject to security/criminal concerns of course). It seems a reasonable remedy to request, given that in the face of a refusal you don't really have many options.

My husband told me that when he spoke to the io on the phone the day after our interview she told him it would help if we had letters from people attesting to our relationship. So we mailed in the 4 letters that the io wouldn't take at the interview, and my neighbor who is a good friend of ours offered to call the io. He's in his 40s (we're both 22) and he went through a similar dilemma trying to sponsor his ex boyfriend so he was going to tell her that he knew I was too intelligent to be tricked by my own husband, how he couldn't be fooled by a 22 year old, etc.... But she hung up on him( I think I've mentioned this before). Could this be considered deliberately ignoring evidence?

Try to write all of this down ASAP. Capture it now so that it can be written up as an affidavit later in support of your application. Your explanation is reasonable and certainly would help support your position that the officer failed in her obligation to provide you with procedural fairness - telephone contact is quite appropriate with a 24 hour deadline (the court certainly does this!)

After the interview the io handed us her business card for really vague reasons. She never told us we couldn't give it out. Given the deadline she gave us we thought it would be the fastest way to prove our relationship is genuine. Are IOs even allowed to give out their office numbers?

Oh sure. I had an officer give me her number once. We even exchanged e-mails after the fact.

Also, we sent our extension letter on the morning of the 21st. I saved the signed original, and the email confirmation that it had been successfully faxed. Is there the possibility that she could claim she never got it, or that it got lost?

With that evidence, there will be a presumption of receipt. That CIC may have lost it internally is not your issue, it's theirs. The courts have ruled fairly consistently on this issue as well - evidence supporting receipt is enough.

The forms for leave all seem really complicated to me. We have a consultation with a lawyer on Thursday so I'm hoping I can get help with the forms that way.

LOL. I didn't think it was that bad, but I'm used to them. The application for leave is generally fairly straight-forward, but you need a copy of the refusal before you can proceed. Of course, an attorney would be able to handle this all for you and is the best option.

Good luck!

 

[CanED]

Mine is on the 3rd page of FOSS notes. You will see thinks like: Creation date, last access date, bring forward, requestor initials too. Read carefully.

thanks Ericc,

I can't see it - but as far as the notes go i am currently waiting for security checks - so perhaps as this is the case - there is not actual BFD and that is why i am not seeing anything! Could be wishful thinking on my part.

 

[tow75]

I just got my husband to tell me everything he remembered about the phone conversation he had with the IO the day after our interview. Turns out some of the stuff she said to him is WAY WORSE than I thought.

At one point my husband asked the IO if he could mail in our additional proof because there were at least 100 pages of it and it would be too time consuming to fax. She answered [translated from French]:

"Yes you can, but the date on the postage stamp has to be today, so it proves your good faith, if you send them today I’ll look at them. Anything sent after today will be ignored."

I didn't think she actually admitted to the fact that she would ignore our evidence.

I hope this is good?????

 

[CrazyLucy]

I'm not really sure how ignoring evidence is a good thing at all. Did you guys send in the evidence the same day she said to?

 

[gjfst]

thanks Ericc,

I can't see it - but as far as the notes go i am currently waiting for security checks - so perhaps as this is the case - there is not actual BFD and that is why i am not seeing anything! Could be wishful thinking on my part.

Yeah mine is the same , no BFD yet.

 

[tow75]

I'm not really sure how ignoring evidence is a good thing at all. Did you guys send in the evidence the same day she said to?

It's not a good thing for the IO in Federal Court, apparently this is the kind of thing that gets their decisions overturned. Even though we're going to get refused I think it might be a good thing for us (more likely that her refusal will be overturned) that she admitted she would ignore evidence. I think she's probably entitled to set deadlines but she has to be reasonable. If she had a concern that was simpler, like "I have doubts that your parents aren't aware of the relationship with your husband" that would be simple enough to clear up in a day.
But, her concerns went outside of the scope of our relationship (My husband's "intentions" when he came here in Canada 2 years before we met) and I think it's logical that we would need more than a few hours to address such a broad concern.

We did send in the proof, which was everything she didn't want to look at in the interview the day before because she was "satisfied" and "the interview went well" (in her words). She wouldn't tell us what she needed to address her concerns. But we did send a letter asking for an extension which she ignored before making her decision.

 

[L2D]

I think I should join this group. I sponsored my husband (Inland),app was submitted may 9/11. Received may 19/11 and transferred to local office Mar 17/12. Had interview July 5/12 where we passed with flying colours. His medical had expired,so he got another. Received a letter on Sept 5/12 requesting that $490 be paid. It was paid and we received a receipt stamped Oct 1/12....now what?? nothing online has changed and the call centre is useless.