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Phalos

Champion Member
Jun 19, 2020
2,445
1,236
I’m not sure if it’s possible. Haven’t heard of that before.
As I had a completely different situation (Proving Common-law) I may not be the right person to advise you. So the thing is that when you appeal the negative decision you can provide supporting documents that weren’t included in the original application. It can be documents from three periods of time: before you applied, during the time of waiting on the decision and after refusal. At least this is how it works with CL. So if you think that at this very point you can provide enough proofs to support your case then it would be a good idea to appeal. But if you think that you don’t have enough evidence (such as recent visits, photos, money transfers, getting-to-know each other’s friends and family) I would suggest you go and get it and then reapply with a stronger case. IMO, so maybe people with similar to yours cases can be more useful.
yes i believe is the same idea for spousal. you made excellent points. ty
 

bakanomics

Star Member
Feb 23, 2016
87
33
thank you for your empathy, yes it is heartbreaking. Thank u for information.
the main reason was we did not take any photos together. I know it sounds dumb but thats what happened.
secondary reasons were quick marriage we known each other 1 month and only spent 3 mos together total, no reception and no honeymoon. honestly i thought a marriage cert , $ transfers and comm proof was enough

is it possible to reapply while an appeal is in progress? or should we just not waste time appealing a weak app and just reapply with photos say go on a honeymoon?
You can't appeal and reapply at the same time.It's never done.One at a time. Equally, with all the reasons behind the negative decision, if you appeal,you stand 50-50 chance.But as it is I will advise you to reapply and ensure you correct all the red flags they pointed at in the decision sent to you. Even if anything happens thereafter, you have a greater chance of winning your appeal.
Best of luck!
 
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Alwx

Star Member
Jun 11, 2020
173
64
thank you for your empathy, yes it is heartbreaking. Thank u for information.
the main reason was we did not take any photos together. I know it sounds dumb but thats what happened.
secondary reasons were quick marriage we known each other 1 month and only spent 3 mos together total, no reception and no honeymoon. honestly i thought a marriage cert , $ transfers and comm proof was enough

is it possible to reapply while an appeal is in progress? or should we just not waste time appealing a weak app and just reapply with photos say go on a honeymoon?
No photos together? What were the 5 photos that you sent, any wedding photos? I think you should have hired a representative to help prepare a strong application. What about your first application with your first marriage? Was it same ?
 

Phalos

Champion Member
Jun 19, 2020
2,445
1,236
No photos together? What were the 5 photos that you sent, any wedding photos? I think you should have hired a representative to help prepare a strong application. What about your first application with your first marriage? Was it same ?
yes just at the wedding. 1st marriage i had couple more photos, things changed.
 

Erum.shahzadi

Star Member
Feb 20, 2020
85
64
Hi all,

I won my appeal in dec 2020 and got 0 updates after that. Im not able to live my life the stress is killing me and reading news and articles about lockdown extention in canada is worrying me. I reached out to my.mp and no help just the generic "covid delays" response. Same response when i messaged the Minister of immigration. What should I do??? Who do I reach out to that could actually help me I'm so frustrated and lossed and losing hope to be very honest. People who have applied in the pandemic are already gone through with their process and Many of us are waiting just for them to update our medical or forms and give us the damn Visa. Its not fair. Is there anything we can do? It's not fair for us to be stuck in this process for many years and then finally when we get an approval still be stuck in this process.
 

BRIL23

Hero Member
Feb 27, 2017
278
70
I want fill my appeal but wondering which Appeal Devision to get quick ADR/hearing in Vancouver or Toronto? I’m Alberta and I want to hire lawyer in Toronto
 

passenger19

Hero Member
Feb 5, 2020
558
448
Category........
FAM
Visa Office......
Warsaw
I want fill my appeal but wondering which Appeal Devision to get quick ADR/hearing in Vancouver or Toronto? I’m Alberta and I want to hire lawyer in Toronto
Hi You don’t get to choose. Based on your location it will be Vancouver. I believe you can hire a lawyer from wherever you want since hearings are done via Windows Teams.
 
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Phalos

Champion Member
Jun 19, 2020
2,445
1,236
3 days after interview gckey still says You Need to Attend an Interview.
what a joke. do they even bother to update gckey before a refusal?
 

BRIL23

Hero Member
Feb 27, 2017
278
70
Hi You don’t get to choose. Based on your location it will be Vancouver. I believe you can hire a lawyer from whatever you want since hearings are done via Windows Teams.
Thank you Passenget19 and congrats your recently won appeal.
When sending appeal, do I send only Notice of Appeal, Refusal letter and Appeal form?

If I send the appeal letter by email is it acceptable?

How long is wait time for hearing?
 
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Phalos

Champion Member
Jun 19, 2020
2,445
1,236
Guyz i have a hypothetical question.
if u are refused based on non residency, is it easy to win an appeal if u just prove u r in Canada?
(as opposed to trying to prove genuine marriage)
 

passenger19

Hero Member
Feb 5, 2020
558
448
Category........
FAM
Visa Office......
Warsaw
Thank you Passenget19 and congrats your recently won appeal.
When sending appeal, do I send only Notice of Appeal, Refusal letter and Appeal form?

If I send the appeal letter by email is it acceptable?

How long is wait time for hearing?
Thank you. Yes, those three docs, via email. I would suggest you order the GCMS notes to know more about the reasons of your refusal, and for that an applicant needs to sign the form called Use of a representative.

The wait time may vary depending on the Appeal Division Office and whatever it would be an ADR conference or a full hearing. Overall the wait would take at least 6-8 months. You can also try to ask for an ADR conference (an easier way to appeal) but you also don’t get to choose between those two options. It will be decided in Vancouver based on your case (complicated or not and other factors).
 
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BRIL23

Hero Member
Feb 27, 2017
278
70
Thank you. Yes, those three docs, via email. I would suggest you order the GCMS notes to know more about the reasons of your refusal, and for that an applicant needs to sign the form called Use of a representative.

The wait time may vary depending on the Appeal Division Office and whatever it would be an ADR conference or a full hearing. Overall the wait would take at least 6-8 months. You can also try to ask for an ADR conference (an easier way to appeal) but you also don’t get to choose between those two options. It will be decided in Vancouver based on your case (complicated or not and other factors).
Thank you for your quick response.

How do I ask to ADR conference option? I don’t see that on the form?
 

Phalos

Champion Member
Jun 19, 2020
2,445
1,236
Don't understand your question.
ok for those who live abroad with their spouses, then ircc as no case for marriage not being genuine, but ircc has a contingency plan for that and issues refusal based on failing to prove intent to return.

My question is if one goes back to Canada for the appeal hearing, provides a proof of address and a job, then ircc again has no case, and will look like fools!
My point is its much much easier to prove residency in Canada than to satisfy a stranger that your marriage is genuine.
Correct? Basically all one needs is proof of address for 3 months.