Sponsoring husband from Morocco

[Habibti]

Alternative Dispute Resolution: http://www.irb.gc.ca/eng/tribunal/iadsai/adrmar/Pages/guide_conference.aspx

Thank you ddobro! I will read this later when I come back from work. I have to go to work now. But is it faster and better than an appeal in my case?

 

[ddobro2]

Well, I'm not 100% familiar with it obviously, but apparently it is an informal, confidential hearing between you, the minister's counsel, and the dispute resolution officer, so if the minister's counsel does not agree to settle in your favor at the ADR hearing, you can still proceed to a regular hearing and none of the information you disclosed during ADR can be used against you.

Thank you ddobro! I will read this later when I come back from work. I have to go to work now. But is it faster and better than an appeal in my case?

 

[Lois Lane]

Well, I'm not 100% familiar with it obviously, but apparently it is an informal, confidential hearing between you, the minister's counsel, and the dispute resolution officer, so if the minister's counsel does not agree to settle in your favor at the ADR hearing, you can still proceed to a regular hearing and none of the information you disclosed during ADR can be used against you.

you dont get to choose
most spousal sponsorships are offered ADR
important part is to send out the appeal application asap
the ADR is easy and a lawyer isnt required
you have ample time to decide if you will go with a lawyer for now just send out the appeal application, if you havent received your refusal letter, just have your husband scan the letter he received and send it with the application

 

[rjessome]

you dont get to choose
most spousal sponsorships are offered ADR
important part is to send out the appeal application asap
the ADR is easy and a lawyer isnt required
you have ample time to decide if you will go with a lawyer for now just send out the appeal application, if you havent received your refusal letter, just have your husband scan the letter he received and send it with the application

ADR is not easy for everyone. RobsLuv had a horrific time at hers.

CBSA streams appeals and the officer reviewing it will decide whether or not it can go to ADR or directly to a full hearing. ADR is mainly controlled by Minister's Counsel. Basically, they can come in there saying there is no resolution, full hearing required, and the meeting is over. Or they can choose to hear what the Appellant has to say and then decide if they are willing to agree to overturn the refusal. I know of a couple that were resolved even before the ADR took place but those had unique circumstances. But it is totally up to Minister's Counsel regarding what will happen at ADR.

Lois Lane is right that a representative doesn't need to be there. If there is going to be a conversation at all, it will take place between Minister's Counsel and the Appellant. Your representative is only allowed to observe during the meeting and can also ensure that their client is treated in a non-abusive fashion.

 

[Lois Lane]

ADR is not easy for everyone. RobsLuv had a horrific time at hers.

CBSA streams appeals and the officer reviewing it will decide whether or not it can go to ADR or directly to a full hearing. ADR is mainly controlled by Minister's Counsel. Basically, they can come in there saying there is no resolution, full hearing required, and the meeting is over. Or they can choose to hear what the Appellant has to say and then decide if they are willing to agree to overturn the refusal. I know of a couple that were resolved even before the ADR took place but those had unique circumstances. But it is totally up to Minister's Counsel regarding what will happen at ADR.

Lois Lane is right that a representative doesn't need to be there. If there is going to be a conversation at all, it will take place between Minister's Counsel and the Appellant. Your representative is only allowed to observe during the meeting and can also ensure that their client is treated in a non-abusive fashion.

its true that robsluv had a horrendous time, BUT her sponsorship is not the norm. she applied inland, with children, one of the children was inadmissable, even though he wasnt coming to Canada that created the mess

for a "normal' spousal sponsorship being refused because they are questioning the relationship being genuine, it really is easier than people think!!! I too was totally in a panic! robsluv didnt want to tell me the name of her minister counsel in case it was the same one so that i wouldnt be freaked until after my ADR, turned out it was the same one.

Specifically because of robsluv ADR which my lawyer (also her lawyer) attended he recomended I withdraw from my ADR after waiting ten months and go to a full hearing.
I refused, knowing that if i wasnt approved at the ADR the full hearing was still a possibility, but at that point i would go back on the list which would mean potentially waiting another ten months instead of 6 weeks i had left. So i went on my own and won.

if for example, they are questioning the relationship being genuine when there has been a previous attempt by the applicant to enter Canada, (even just to visit a family member) I would STRONGLY recommend getting legal advise before the ADR. such a case is difficult to win at ADR albeit not impossible.

it is a very relaxed setting at the ADR, I got the distinct impression that they had already in principle made the decision to allow my appeal based on my submissions, but never the less went through the formality of asking virtually, all the questions that are on the application to sponsor,

i showed them the added pictures of my last visit with my husband and his family, i had sent copies with my submissions but i took the originals, i also took stacks of calling cards, i gave examples of my husbands actions which made me believe that he is not just wanting to come to canada....and not live with me

ie my sister inlaw took a pic of a dinner, put it on facebook, i had gone to with my brothers, there was a live band, the singer insisted i stand up, and he gave me a kiss on the cheek, obviously NO BIG DEAL AT ALL, my husband saw it was really upset, he was angry that i was smiling so i must of enjoyed it...blah blah blah...is insignificant as that was to me and anyone living for a while in Canada, it was an issue for him...if my husbands intentions were not to stay with me, that wouldnt have been an issue for him either

another example...(now i dont want to get any flack about this!!!!) i think its silly but. it is what it is, my husband wont accept me wearing clothes that show cleavage, nor tops that dont cover my butt, even while i am in canada, one of the emails he sent me made reference to him seeing me on cam, he was happy to see my cleavage but annoyed that others could also see it...i know alot of Muslim husbands dont care but it lends to the possibility that he must deem our relationship as genuine or it wouldnt be an issue if his intent was just to come here

wow that was a novel
hope some of it helps

all the best to EVERYONE, whether waiting for your husbands or you have your husbands here, living day to day with someone is a challenge!

 

[hoping75]

Hi Lois Lane,
I know it has been a long time since you won your appeal, is your Husband in Canada with you yet? I noticed You mention you are still talking on the cam with him, it seems much too long for him to stilll be waiting after the appeal.
Wishing you the best, and the best to all who are still in the process, I know the wait is torture.

its true that robsluv had a horrendous time, BUT her sponsorship is not the norm. she applied inland, with children, one of the children was inadmissable, even though he wasnt coming to Canada that created the mess

for a "normal' spousal sponsorship being refused because they are questioning the relationship being genuine, it really is easier than people think!!! I too was totally in a panic! robsluv didnt want to tell me the name of her minister counsel in case it was the same one so that i wouldnt be freaked until after my ADR, turned out it was the same one.

Specifically because of robsluv ADR which my lawyer (also her lawyer) attended he recomended I withdraw from my ADR after waiting ten months and go to a full hearing.
I refused, knowing that if i wasnt approved at the ADR the full hearing was still a possibility, but at that point i would go back on the list which would mean potentially waiting another ten months instead of 6 weeks i had left. So i went on my own and won.

if for example, they are questioning the relationship being genuine when there has been a previous attempt by the applicant to enter Canada, (even just to visit a family member) I would STRONGLY recommend getting legal advise before the ADR. such a case is difficult to win at ADR albeit not impossible.

it is a very relaxed setting at the ADR, I got the distinct impression that they had already in principle made the decision to allow my appeal based on my submissions, but never the less went through the formality of asking virtually, all the questions that are on the application to sponsor,

i showed them the added pictures of my last visit with my husband and his family, i had sent copies with my submissions but i took the originals, i also took stacks of calling cards, i gave examples of my husbands actions which made me believe that he is not just wanting to come to canada....and not live with me

ie my sister inlaw took a pic of a dinner, put it on facebook, i had gone to with my brothers, there was a live band, the singer insisted i stand up, and he gave me a kiss on the cheek, obviously NO BIG DEAL AT ALL, my husband saw it was really upset, he was angry that i was smiling so i must of enjoyed it...blah blah blah...is insignificant as that was to me and anyone living for a while in Canada, it was an issue for him...if my husbands intentions were not to stay with me, that wouldnt have been an issue for him either

another example...(now i dont want to get any flack about this!!!!) i think its silly but. it is what it is, my husband wont accept me wearing clothes that show cleavage, nor tops that dont cover my butt, even while i am in canada, one of the emails he sent me made reference to him seeing me on cam, he was happy to see my cleavage but annoyed that others could also see it...i know alot of Muslim husbands dont care but it lends to the possibility that he must deem our relationship as genuine or it wouldnt be an issue if his intent was just to come here

wow that was a novel
hope some of it helps

all the best to EVERYONE, whether waiting for your husbands or you have your husbands here, living day to day with someone is a challenge!

 

[Lois Lane]

Hi Lois Lane,
I know it has been a long time since you won your appeal, is your Husband in Canada with you yet? I noticed You mention you are still talking on the cam with him, it seems much too long for him to stilll be waiting after the appeal.
Wishing you the best, and the best to all who are still in the process, I know the wait is torture.

hi there
No he isnt here, my reference to him seeing me on cam was before the ADR and I used that to assist me in winning the ADR.

the ADR was March 2009 i won it and was told on the spot, the IAD representative wrote the approval letter with me present and gave me a copy, it had to be signed by the Ministers counsel, within a week i received the letter by mail

little about our process has been "normal" for me

i have previously mentioned, you may have forgotten that after winning the ADR our ecase showed, medicals received decision made, my case being the only exception that i know of, once ecas says that the application is approved and visa is issued shortly there after,we received an email to pick up the visa, some how it had gone unnoticed that between me winning the ADR and the reprocess time my husband had a charge and so the visa couldnt be issued, (given the nature of the internet i am not going to elaborate), surprisingly our file wasnt closed and we continue waiting

i met my husband oct 2006, applied oct 2007....four years, cant believe how long it has been, at the same time it has gone quick....thank goodness for skype and wifi ;D

each day is bringing me closer to the end of this process

 

[PMM]

HI

That's funny! I was thinking exactly the same thing today! As we are almost at the end of the year...

]


There is no "quota" for spouses and dependent children.

 

[dair2dv8103100]

HI
There is no "quota" for spouses and dependent children.

It's called sarcasm.

 

[ddobro2]

Well rathika is not with Rabat but with Colombo, I believe, so I'm not sure if you're including her refusal (which I totally sympathise with, btw) with that "bad news lately," but that wasn't Rabat's doing. And I doubt the VOs let people apply for PR if they know they're not going to consider them for the visas anyway due to some quota only they know about......in that case, they'd just cap the applications like they did with the skilled worker and investor classes this summer or put a moratorium on them like they did earlier this month with parent and grandparent visas.

Seems a lot of bad news from Rabat lately...wonder if they met their quota for 2011 and have to wait till the new year now before considering anyone again.

Kinda like the opposite of cops and their month end quotas of speeding tickets. :

 

[dair2dv8103100]

Well rathika is not with Rabat but with Colombo, I believe, so I'm not sure if you're including her refusal (which I totally sympathise with, btw) with that "bad news lately," but that wasn't Rabat's doing. And I doubt the VOs let people apply for PR if they know they're not going to consider them for the visas anyway due to some quota only they know about......in that case, they'd just cap the applications like they did with the skilled worker and investor classes this summer or put a moratorium on them like they did earlier this month with parent and grandparent visas.

Again...it's called sarcasm.

 

[ddobro2]

I totally get sarcasm but I think it's important to understand what kind of framework these people operate in, especially with the high stakes involved.

Again...it's called sarcasm.

 

[dair2dv8103100]

I totally get sarcasm but I think it's important to understand what kind of framework these people operate in, especially with the high stakes involved.

These "people" don't care about frameworks or relationships or families or high stakes. They operate a business. They have to decide which products (applicants) are going to be best suited to create a favorable result and generate the most revenue once added to the business. There is no emotional aspect. It is purely mechanical. Pick and choose only the products that meet a very limited criteria. All else are flawed and therefore not good for "business".

The comment was purely satirical since we are all bearing heavy loads it is nice occasionally to have a break from the seriousness of all this.

 

[inflex]

To all of you.... THANK YOU! I value so much your words of support here. It helps me to get through that nightmare. Mrs Turan and inflex you have all my admiration and may God pours His blessings upon you two! inflex... when were you denied and how long did you have to wait?

I feel a bit better tonight. My husband contacted me after work. He told me the effects of the shock have subsided. He is coming back to his senses.

Seems like months ago you asked these questions. She was denied the visa on April 29 2010. The appeal hearing took place on March 15 2011. I also found out the same day that I won. She got her visa on October 11 2011.

 

[Futurista]

Hi Linda2011 - from reading some of the posts on this forum, the process can be easy but also complex for some. I'm in the same boat as you, I just sent the paperwork to Mississauga in mid-November. I was very worried about ensuring I didn't miss anything, but if you do it systematically and ensure all your 'i's are dotted, it should be fine. Are you close to sending the file?

Futurista