B
bestplace4u
Guest
just wondering if someone's application has been rejected can u reapply for the immigration or you cannot, and if yes how long do u have to wait to reapply?
B
buddhadimple
Guest
Do they give you a chance to submit further supportive evidence for whatever it is that isn't clear on the application or do they just flat-out use the "Reject" stamp?
BeShoo
Champion Member
- Jan 16, 2010
- 36
- Category........
- Visa Office......
- CPP-Ottawa
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 29-01-2014
- AOR Received.
- 28-02-2014
- File Transfer...
- 03-03-2014
- Med's Request
- 19-06-2014
- Med's Done....
- 07-08-2014
- Interview........
- None
- VISA ISSUED...
- 02-04-2015
- LANDED..........
- 13-04-2015
To reapply or overturn an appeal you need significant new evidence. The panel will decide if your new evidence is significant. Normally, an additional quantity of what you already submitted won't be helpful.
Most often, applications will not be rejected without an interview. If it's rejected after that, you can appeal. You should generally concntrate on new evidence that your relationship was genuine at the time of the original application.
Most often, applications will not be rejected without an interview. If it's rejected after that, you can appeal. You should generally concntrate on new evidence that your relationship was genuine at the time of the original application.
Hello, I have been rejected as a sponsor by the embassy dealing with our case. There was no warning and no request for further evidence of me returning home with husband if PR was given. I read in a previous posting somewhere that the criteria they base their decsion on has to do with:
If I have a home is Canada (YES),
If I travel to Canada regularly (NO),
If I have filed income taxes with foreign income (YES)
If I have kept membership cards etc.. in Canada (YES)
However it also states that I cannot have a home and work in another country (OH), must be not working in that country etc... Basically I had three yeses and three nos which may be the reason I was flat out rejected without being asked for further explanations.
My question is I have since filed for appeal. Do you think I will be granted an appeal to provide further evidence of returning home? If not, my husband and I are thinking we should just wait till next summer and reapply, once I have returned to Canada for good. I am still out of the country as my husband REALLY didn't want to miss the birth of our first born and we agreed the baby and I can relocate after. He can be alone knowing that he was there for the birth... he seems at peace with that idea.
So what do you think... continue with the appeal since I am still out of the country and probably will be till next spring or wait until I am in Canada for good (summer).($$$ and no real evidence I am returning other than what I had previously stated). When I return, there will be no way to work since I will be taking care of the newborn but I can live in our home.
If we re-apply, can he suddenly be refused for a different reason like not enough proof of a genuine relationship since that was never mentioned in our first refusal? It sounds to me if we rectify the only reason for refusal the next time we should be approved ... right?? Is getting a representative necessary since we were refused once?
I sent the appeal in July and still no word from the board? How long does it take to hear from them anyways?
Thanks for helping. It is taking us a REALLY long time to figure out what our next step is so sorry for repeating....
If I have a home is Canada (YES),
If I travel to Canada regularly (NO),
If I have filed income taxes with foreign income (YES)
If I have kept membership cards etc.. in Canada (YES)
However it also states that I cannot have a home and work in another country (OH), must be not working in that country etc... Basically I had three yeses and three nos which may be the reason I was flat out rejected without being asked for further explanations.
My question is I have since filed for appeal. Do you think I will be granted an appeal to provide further evidence of returning home? If not, my husband and I are thinking we should just wait till next summer and reapply, once I have returned to Canada for good. I am still out of the country as my husband REALLY didn't want to miss the birth of our first born and we agreed the baby and I can relocate after. He can be alone knowing that he was there for the birth... he seems at peace with that idea.
So what do you think... continue with the appeal since I am still out of the country and probably will be till next spring or wait until I am in Canada for good (summer).($$$ and no real evidence I am returning other than what I had previously stated). When I return, there will be no way to work since I will be taking care of the newborn but I can live in our home.
If we re-apply, can he suddenly be refused for a different reason like not enough proof of a genuine relationship since that was never mentioned in our first refusal? It sounds to me if we rectify the only reason for refusal the next time we should be approved ... right?? Is getting a representative necessary since we were refused once?
I sent the appeal in July and still no word from the board? How long does it take to hear from them anyways?
Thanks for helping. It is taking us a REALLY long time to figure out what our next step is so sorry for repeating....
B
bestplace4u
Guest
I
iarblue
Guest
EH are you a PR it states PR must be inside Canada to sponsor if so that is why you were refused and it will not change even with an appeal.You as a PR can only apply from inside Canada.If you are a citizen of Canada and were outside Canada whn you applied they should not have rejected they should have given yu the chance to prove you were going to live in Canada once the process was done.
B
bestplace4u
Guest
This is the problem buddy sometimes they dont even give chance and conclude on their own.iarblue said:
EH are you a PR it states PR must be inside Canada to sponsor if so that is why you were refused and it will not change even with an appeal.You as a PR can only apply from inside Canada.If you are a citizen of Canada and were outside Canada whn you applied they should not have rejected they should have given yu the chance to prove you were going to live in Canada once the process was done.
This is the problem buddy sometimes they dont even give chance and conclude on their own.
Thanks guys... No I was born and raised in Canada but even though I wrote that and it's proven in my passport and birth certificate they still tried to classify me as such. That claim will be ruled out but evidence of returning home just depends on the opinion of the IO he decided my letter of intent was not enough (though he didn't actually say that). Also, he claims that I have been living in Canada SINCE 2007 and I never claimed that and it is written as a trip I took back home. Where did he find that idea I have no idea.
Anyone know how long it takes to hear from the claims board? It has been almost 2 months and still nothing. Then does it take 6 months or so to get the first hearing and say another 6 months for the court hearing? It makes all the world of difference for me as I am pregnant. Anyone know?
This is the problem buddy sometimes they dont even give chance and conclude on their own.
Thanks guys... No I was born and raised in Canada but even though I wrote that and it's proven in my passport and birth certificate they still tried to classify me as such. That claim will be ruled out but evidence of returning home just depends on the opinion of the IO he decided my letter of intent was not enough (though he didn't actually say that). Also, he claims that I have been living in Canada SINCE 2007 and I never claimed that and it is written as a trip I took back home. Where did he find that idea I have no idea.
Anyone know how long it takes to hear from the claims board? It has been almost 2 months and still nothing. Then does it take 6 months or so to get the first hearing and say another 6 months for the court hearing? It makes all the world of difference for me as I am pregnant. Anyone know?
Hi all,
To me this the the most nerve racking, all I want is to be approved as sponsor and the rest we will have no problem. All I had to prove that I was a citizen was a photocopy of my certificate as the original had been sent off to replace my photocard for when we go to Canada.
I have never lived in Canada and do not yet have a job. I sent a letter from myself stating my intent to move to Canada and sever all ties with the UK and 3 letters from my family to say that we will be staying with them.
To me this the the most nerve racking, all I want is to be approved as sponsor and the rest we will have no problem. All I had to prove that I was a citizen was a photocopy of my certificate as the original had been sent off to replace my photocard for when we go to Canada.
I have never lived in Canada and do not yet have a job. I sent a letter from myself stating my intent to move to Canada and sever all ties with the UK and 3 letters from my family to say that we will be staying with them.
canadianwoman
VIP Member
- Nov 6, 2009
- 282
- Category........
- Visa Office......
- Accra, Ghana
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 30-01-2008
- Interview........
- 05-05-2009
To the Original Poster: you were rejected as a sponsor by CIC at Mississauga, right? If so, the visa office has not even seen your application. Or was the app rejected at the foreign visa office because the visa officer did not believe you would move back to Canada when your husband got his PR visa?
If it is the first case, appealing is pointless. You would be better to resubmit your application, adding more evidence that you are eligible to sponsor - i.e., more evidence that you will be relocating to Canada, if that was the only problem.
In the second case, you will have to prove you will go back to Canada, with more evidence than you submitted already.
An appeal is usually a year or more after the refusal letter. My husband's PR application letter was dated May 2009, and our appeal was in July 2010. In bigger cities the wait can be even longer. So just waiting and reapplying once you are back in Canada would probably be faster than going through an appeal. As well, even if you win the appeal, you don't get the PR visa right away. The file goes back to the foreign visa office and is reprocessed. Several people on the forum are going through this process, and it can take longer than the average time for a new application.
Even if the visa officer believes you will go back to Canada, you still have to prove that your marriage is genuine. So your application could be rejected again if the VO suspects a marriage of convenience.
If I were you, I would just wait until I was back living in Canada and then apply again. This way there is no need to prove you will go back to Canada, and it may also end up being faster than an appeal.
If it is the first case, appealing is pointless. You would be better to resubmit your application, adding more evidence that you are eligible to sponsor - i.e., more evidence that you will be relocating to Canada, if that was the only problem.
In the second case, you will have to prove you will go back to Canada, with more evidence than you submitted already.
An appeal is usually a year or more after the refusal letter. My husband's PR application letter was dated May 2009, and our appeal was in July 2010. In bigger cities the wait can be even longer. So just waiting and reapplying once you are back in Canada would probably be faster than going through an appeal. As well, even if you win the appeal, you don't get the PR visa right away. The file goes back to the foreign visa office and is reprocessed. Several people on the forum are going through this process, and it can take longer than the average time for a new application.
Even if the visa officer believes you will go back to Canada, you still have to prove that your marriage is genuine. So your application could be rejected again if the VO suspects a marriage of convenience.
If I were you, I would just wait until I was back living in Canada and then apply again. This way there is no need to prove you will go back to Canada, and it may also end up being faster than an appeal.