ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[Yana]

Hi, i got refusal letter in September 2014. Can i go for appeal now? Pls help

 

[wintersnow]

Hi, i got refusal letter in September 2014. Can i go for appeal now? Pls help

I don't think you can. You have to file the appeal within 30 days after you received the letter.

 

[AnnieDonald]

Hi Yana, you rcved the letter in Sep, 2014, but now its Jan,2015. R u the sponsor or not ? I received the refusal letter on the 7th, Dec, and I requested HK visa office to send one to my husband ( he is the sponsor ) and asked for the appeal package, then HK visa office sent to him by email, at the same time, the paper one by ordinary mail was sent to his Canada address, but he is in China with me now, then we just go for appeal after downloading the appeal form, fill it in, print the refusal letter, and it was received by Vancouver Appeal Division Office on the 23rd, Dec. In one word, as long as the sponsor received the refusal letter, you could go for appeal, and if the sponsor hasnt rcved one, you could require visa office to send your sponsor one. I even heard some sponsor just go fill in the form and send it to appeal office as soon as he/she knows the PR application is refused. Good luck to all of us.

 

[AnnieDonald]

Hi Wintersnow, I remember you said that your wife was refused by Beijing office, may I know when you started you appeal ? It seems like our timeline is quite close. I was refused by Hongkong office, and my husband and I sent the appeal to Vancouver appeal division from China by UPS, it shows received on the 23rd, Dec. We are hoping to get ADR, instead of full hearing. If it is a full hearing, we might have to quit it and just reapply, because it will be so time&money consuming. We are going to have a kid as well, going to know soon i am pregnant or not . Thank you and best wishes for you and your wife.

 

[Yana]

anniedonald. my i am not the sponsor my husband is... he also received the refusal letter just after i got. actually he was in pakistan at that time now he went back to canada so lawyer advised to appeal rather than re aaply. so thtswhy i am asking that can we go for appeal now?

 

[AnnieDonald]

I see, Yana, but I remember it says you need to appeal within 30 days after your sponsor receives the refusal letter, your husband received the letter in last Sep, I don't know how strict it is, so I am not sure whether you still could appeal or not, maybe your husband could call the appeal division directly to find out. Good luck.

 

[Yana]

thanks annie donald...best ov luck

 

[wintersnow]

Hi Wintersnow, I remember you said that your wife was refused by Beijing office, may I know when you started you appeal ? It seems like our timeline is quite close. I was refused by Hongkong office, and my husband and I sent the appeal to Vancouver appeal division from China by UPS, it shows received on the 23rd, Dec. We are hoping to get ADR, instead of full hearing. If it is a full hearing, we might have to quit it and just reapply, because it will be so time&money consuming. We are going to have a kid as well, going to know soon i am pregnant or not . Thank you and best wishes for you and your wife.

Hi AnnieDonald,

Timeline very close. My wife had the interview on Dec 16th and I filed the appeal on Dec 29th. I still haven't decided what to do if we do not get an ADR. Lawyers and consultants are so misleading ... they don't care about your chance of success, they just want your money.

You are with your husband in China? You are very lucky!

 

[taj p]

[quote author=wintersnow link=topic=87619.msg3897771#msg3897771 date=1420553376




Hello we got refused today just wanted to knw how do we appeal what documents we have to submit n how long it takes for full process n how much it costs? And do we get refunded from cic for landing fee

 

[taj p]

Hey Kistehsia,

I spoke with 5 lawyers and had many different reactions. You really have to be careful. One didn't even know the law. He suggested I do not appeal and re-apply. Another was convinced we would not get an ADR because "visa officers are professional" and there must have been a valid reason for the refusal. At the same time, she was going to charge me $200 just to submit a request for the interview notes ... I can get it for $5 online through an ATIP request.

I did meet one lawyer and he said I did not need a lawyer if it went to ADR. He said my case was simple enough that a lawyer would not be necessary. However, he did caution that I would need a lawyer if it went to a full court session.

Pls someone help I really need to know how to appeal we were refused and we want to appeal wot documents we need and how much does it costs and pls tell me how long it takes pls pls




From what you have said, it sounds like the interviewer was contradicting herself ... right in the notes (unless I misunderstood). It should be easy enough to prove the visa officer had an agenda. One thing I did learn from the (good) lawyer was that you must exercise caution when stating your case (if you go to ADR). Try to be as factual and unemotional as possible. Resist the temptation to vent your frustrations about the visa officer and CIC in general.

There was a post a few days ago from someone who explained in detail the whole process of the appeal.

I feel the same way as you do when I leave my my wife. It's such a sad moment.

 

[Siva]

Hi Guys,

I won my appeal in November and it has been 2 months now and the visa office has not asked for any additional documents. Did anyone experience the same problem. If so what did you do? I emailed them a several times but didn't get any response and the same happened with the Ottawa office. Now I am a bit worried. If anyone can tell me what to do I will greatly appreciate it. Thanks

 

[AnnieDonald]

Hi AnnieDonald,

Timeline very close. My wife had the interview on Dec 16th and I filed the appeal on Dec 29th. I still haven't decided what to do if we do not get an ADR. Lawyers and consultants are so misleading ... they don't care about your chance of success, they just want your money.

You are with your husband in China? You are very lucky!

Hi Wintersnow, nice to hear from you. My husband and I both are in China now. If we don't get ADR, we probably will just quit appealing, and reapply. Oops, not pregnant yet, but we are hoping to have a kid in the future. All the documents from CIC, if there is any, will be sent to my husband's Canada mailing address which is also his daughter's house ( he has a daughter and a son from last marriage ). Hope with her help, we will go through no problem. I also really hope to get ADR, in about 2 month, I think we can just call the ADR and find out, I heard it will be told that which queue ( ADR or full hearing ) we have been assigned in.

By the way, may I know whats the cost of your lawyer/consultant ? We are doing it all by ourselves, but if necessary, we might go for lawyer.

Thank you and good luck to both of us. May you and your wife will be together soon.

 

[wintersnow]

Hi taj,

There is a post on page 278 from hhassa that explains the process. I don't know any more than that.

 

[wintersnow]

Hi Wintersnow, nice to hear from you. My husband and I both are in China now. If we don't get ADR, we probably will just quit appealing, and reapply. Oops, not pregnant yet, but we are hoping to have a kid in the future. All the documents from CIC, if there is any, will be sent to my husband's Canada mailing address which is also his daughter's house ( he has a daughter and a son from last marriage ). Hope with her help, we will go through no problem. I also really hope to get ADR, in about 2 month, I think we can just call the ADR and find out, I heard it will be told that which queue ( ADR or full hearing ) we have been assigned in.

By the way, may I know whats the cost of your lawyer/consultant ? We are doing it all by ourselves, but if necessary, we might go for lawyer.

Thank you and good luck to both of us. May you and your wife will be together soon.

The quotes I got ranged from 4000 to 8000 Canadian dollars. I think something has to have changed in your situation in order for you to submit a new application. I think at the end of the ADR, they tell you that either the decision was reversed and your file is submitted for processing again. They may also say that the case must go to full court at which point you have 2 choices ... go to court of re-submit a new application. I am not 100% sure about this.

 

[AnnieDonald]

The quotes I got ranged from 4000 to 8000 Canadian dollars. I think something has to have changed in your situation in order for you to submit a new application. I think at the end of the ADR, they tell you that either the decision was reversed and your file is submitted for processing again. They may also say that the case must go to full court at which point you have 2 choices ... go to court of re-submit a new application. I am not 100% sure about this.

Thank you Wintersnow for the input.