What now? Advice?

[eh??]

So I just talked to an my representative who just informed me that I may need to time my arrivals in Canada for the hearings due to the pregnancy and my limited ability to fly. This means it looks like I have no choice but to fly home soon and wait it out as I will be around 8-9 months pregnant for the ADR hearing. So in my case which is better to reapply since I will be in Canada anyways or go through the appeal? Anyone been through a similair situation and FINISHED getting the PR the second time around just by having the spouse in Canada?

Has anyone heard of this being enough?

 

[canadianwoman]

well - if your sponsorship was approved, and THEN the visa office said that they denied your husband's application because they doubted *you* would return to canada, that is very odd.

They shouldn't be concerned about you, if sponsorship was approved. Like Leon said, have your friends/family contact their MPs about the situation. It is entirely possible that a mistake was made.

No, it's not odd. It is one of the reasons they can refuse the PR application. Usually refusals are because the visa officer thinks the marriage is not genuine, but they can be for other reasons. We've seen a few cases lately on the forum that have been refused because the visa officer didn't believe the sponsor would go back to Canada - one case where the sponsor actually had already gone back to Canada.

To the OP: what country are you from? It may be quicker to reapply than to do an appeal. An appeal can take a year or more to be scheduled.
The easiest way to prove you will go back to Canada is to actually go back to Canada. If you come back, get a job, and give birth here, your spouse will most likely be accepted - though of course you still have to prove your marriage is genuine.
You provided evidence that you would go back to Canada, but the visa officer wasn't convinced. Did you include evidence of your job offer from your parents? That is, a letter from them offering you work and a place to stay?

 

[xyrus]

No, it's not odd. It is one of the reasons they can refuse the PR application. Usually refusals are because the visa officer thinks the marriage is not genuine, but they can be for other reasons. We've seen a few cases lately on the forum that have been refused because the visa officer didn't believe the sponsor would go back to Canada - one case where the sponsor actually had already gone back to Canada.

To the OP: what country are you from? It may be quicker to reapply than to do an appeal. An appeal can take a year or more to be scheduled.
The easiest way to prove you will go back to Canada is to actually go back to Canada. If you come back, get a job, and give birth here, your spouse will most likely be accepted - though of course you still have to prove your marriage is genuine.
You provided evidence that you would go back to Canada, but the visa officer wasn't convinced. Did you include evidence of your job offer from your parents? That is, a letter from them offering you work and a place to stay?

canadianwoman:

Could you please clarify the line in bold? My apology if I misunderstood! I think im in that situation wherein my spouse went back n has applied from there. Has someone been in my situation n still got refused?????

 

[canadianwoman]

The case in question was mirkopal. The sponsor had been living in Paris, but he came back to Canada and had a job with the government. Nevertheless, the PR application was refused. One reason was that the visa officer did not believe the sponsor would go back to Canada. Mirkopal stated that it was kind of ironic to be reading the refusal letter stating he wouldn't be going back to Canada while he was sitting in his government office in Toronto.

However, this was clearly a mistake on the part of the visa officer. Mirkopal wrote an email and a letter to the visa office explaining the situation, and complained to his MP, who happened to be Olivia Chow (the NDP immigration affairs critic). His case was reopened and they won - his spouse got the PR visa in a few days.

Ordinarily, if the sponsor is in Canada, they will not refuse the application for this reason.

 

[xyrus]

The case in question was mirkopal. The sponsor had been living in Paris, but he came back to Canada and had a job with the government. Nevertheless, the PR application was refused. One reason was that the visa officer did not believe the sponsor would go back to Canada. Mirkopal stated that it was kind of ironic to be reading the refusal letter stating he wouldn't be going back to Canada while he was sitting in his government office in Toronto.

However, this was clearly a mistake on the part of the visa officer. Mirkopal wrote an email and a letter to the visa office explaining the situation, and complained to his MP, who happened to be Olivia Chow (the NDP immigration affairs critic). His case was reopened and they won - his spouse got the PR visa in a few days.

Ordinarily, if the sponsor is in Canada, they will not refuse the application for this reason.

Thanks so much for clarifying! It is very sad. Cant believe the officer OVERLOOKED! I'll keep my fingers crossed and hope there won't be any misunderstanding! Thx again.

 

[eh??]

To the OP: what country are you from? It may be quicker to reapply than to do an appeal. An appeal can take a year or more to be scheduled.
The easiest way to prove you will go back to Canada is to actually go back to Canada. If you come back, get a job, and give birth here, your spouse will most likely be accepted - though of course you still have to prove your marriage is genuine.
You provided evidence that you would go back to Canada, but the visa officer wasn't convinced. Did you include evidence of your job offer from your parents? That is, a letter from them offering you work and a place to stay?

Yes my parents wrote a detailed letter explaining how we can have the whole upstairs portion to the house which they don't use (3 rooms total) and how I can help my parents. My husband too. They have a business and even stated what my salary would be. I also mentioned that I am a teacher in Canada and would sign up on the sub-list in the area to get back into the swing of things. I gave rent stubs from the place which I rent out as well. What else could I have done? As for the quesation of whether one can stay out of the country or not depends if you are a PR or a Candain citizen. I believe only the latter can do this. I am by birth so it should have been ok.

I am dealing with Rome like Mirkopal and we may have had the same IO. I am now writing a letter to just explain the corrections. I will send proof of pregnancy and the paid plane ticket perhaps. I hope to have the case re-opened but I will probably come home and reapply again or appeal. Perhaps they can sympathize though so as not to put us on two continents during such an important time of our lives, though I realize I am not alone on this matter. It just appears to be a misunderstanding and no opportunity to explain.

 

[eh??]

Also, why would I need to still provide our relationship is genuine? Nothing was mentioned in the refusal. Hasn't he been evaluated and that been established? If it wasn't, wouldn't it have been mentioned in the refusal as well?

 

[canadianwoman]

If you have submitted a lot of relationship proof, you most likely wouldn't need any more for the appeal or a new app.