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cbelgrave

Member
Jan 25, 2016
13
0
Hi All! Just found this thread while doing a search on appeals.
My husband is a US Citizen and I'm Canadian. Our application has just been denied on grounds of criminality. My husband currently has a TRV for one year (we just renewed). I'm going to appeal the decision, and my question is, is my husband allowed to stay in Canada during the appeals process?

Thanks for any advice.
 

tamyeh

Star Member
Sep 5, 2016
109
77
Hi All! Just found this thread while doing a search on appeals.
My husband is a US Citizen and I'm Canadian. Our application has just been denied on grounds of criminality. My husband currently has a TRV for one year (we just renewed). I'm going to appeal the decision, and my question is, is my husband allowed to stay in Canada during the appeals process?

Thanks for any advice.
US citizens don't need TRVs to come or stay in Canada, so I'm assuming your husband is currently here as temporary resident or has a work permit, in which case, he can extend his stay before the six month limit is due or if the passport has a stamp with a "leave by" date he can also extend his stay as long as he applies to do so 30 days before his status in Canada expires. Here's a link you can use: http://www.cic.gc.ca/english/visit/extend-stay.asp
It's up to the officer to allow him to extend his stay, usually they want you to have a reason to stay, which you do, you both can write a letter to add to the supporting documents (you'll see this section when you apply online) stating that you'd like to stay together while you go through the appeal process. If you are extending the stay as a visitor, you can ask for whatever amount of time you want, but you may want to ask for something reasonable, say a year, since appeals can take a year or so. If by then your appeal isn't over, he can always extend his stay again, always making sure you do so 30 days before the last visitor record is due to expire.
 

BilalShaukat89

Star Member
Feb 9, 2016
121
16
Category........
FAM
Visa Office......
LVO
Passport Req..
Soon INSHAH ALLAH
Hi
We were refused last month. My wife send the appeal form with refusal letter. Yesterday we received a letter and again they are asking us to submit refusal letter again. I don't know why they are asking again refusal letter again.
We received our refusal letter by email and one letter my wife received by mail as well which CIC send it.
Should we send the refusal letter by Fax and courier as well?
Is it accepted?
The IAD office is near and if she go personally and deliver the letter. Is it fine?
One more question
What is IRB File Number?
 

cbelgrave

Member
Jan 25, 2016
13
0
US citizens don't need TRVs to come or stay in Canada, so I'm assuming your husband is currently here as temporary resident or has a work permit, in which case, he can extend his stay before the six month limit is due or if the passport has a stamp with a "leave by" date he can also extend his stay as long as he applies to do so 30 days before his status in Canada expires. Here's a link you can use: http://www.cic.gc.ca/english/visit/extend-stay.asp
It's up to the officer to allow him to extend his stay, usually they want you to have a reason to stay, which you do, you both can write a letter to add to the supporting documents (you'll see this section when you apply online) stating that you'd like to stay together while you go through the appeal process. If you are extending the stay as a visitor, you can ask for whatever amount of time you want, but you may want to ask for something reasonable, say a year, since appeals can take a year or so. If by then your appeal isn't over, he can always extend his stay again, always making sure you do so 30 days before the last visitor record is due to expire.
Thank you for the reply. Correct we didn’t need a TRV but because we cross the border frequently one of the agents there suggested we go inside and get a visitor record. He had the first issued for one year and we have just renewed it for another 12 months.

I wasn’t sure if the denial would affect his ability to leave and re enter Canada as a visitor while our appeal is in process?
 

scylla

VIP Member
Jun 8, 2010
93,604
20,907
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you for the reply. Correct we didn’t need a TRV but because we cross the border frequently one of the agents there suggested we go inside and get a visitor record. He had the first issued for one year and we have just renewed it for another 12 months.

I wasn’t sure if the denial would affect his ability to leave and re enter Canada as a visitor while our appeal is in process?
If he was denied for criminality reasons - this would mean he's currently inadmissible to Canada. This wasn't caught when he entered as a visitor or applied for an extension (he should have been refused entry into Canada). I would definitely not leave Canada now that CIC is aware he's inadmissible. Yes - you should expect problems re-entering Canada until the criminality issue is addressed and resolved.

What's the criminality issue? Depending on the answer - there may be no point appealing.
 

ninche

Full Member
Jan 29, 2017
28
0
Category........
Visa Office......
accra
Job Offer........
Pre-Assessed..
App. Filed.......
07-07-2016
Doc's Request.
not yet
Nomination.....
n/a
AOR Received.
23rd august 2016
IELTS Request
n/a
File Transfer...
29th august 2016
Med's Done....
upfront meds
Interview........
not yet
Passport Req..
not yet
VISA ISSUED...
not yet
LANDED..........
not yet
hi everyone. ..our sponsorship was refused based on lack og genuiness of marriage...out of frustration my wife sent a refusal of appeal letter.its not 30 days yet can we now decide to appeal??
 

VG73

Star Member
Jul 7, 2015
172
77
Hongkong
Visa Office......
Hk.
App. Filed.......
1-10-2014
Med's Request
21-08-2017
Med's Done....
28-08-2017
hi everyone. ..our sponsorship was refused based on lack og genuiness of marriage...out of frustration my wife sent a refusal of appeal letter.its not 30 days yet can we now decide to appeal??
You should have your refusal letter and the form to apply for the appeal with in 30 days dated to your email to send before the due date .. I don't think you can now decide to appeal as it they will review your case and cic will decide e.g adr of full hearing.
 

mr chuahdary

Full Member
Jul 29, 2017
24
10
Hi
We were refused last month. My wife send the appeal form with refusal letter. Yesterday we received a letter and again they are asking us to submit refusal letter again. I don't know why they are asking again refusal letter again.
We received our refusal letter by email and one letter my wife received by mail as well which CIC send it.
Should we send the refusal letter by Fax and courier as well?
Is it accepted?
The IAD office is near and if she go personally and deliver the letter. Is it fine?
One more question
What is IRB File Number?
mr bilalshukat how are you hope you are fine and good by health but i think your interview were at islambad
 

SV670

Star Member
Feb 20, 2016
193
90
Toronto
Category........
FAM
Visa Office......
New Delhi, India
App. Filed.......
26-Jan-2012
Doc's Request.
26-Jan-2013
Interview........
25-June-2014
Hi
We were refused last month. My wife send the appeal form with refusal letter. Yesterday we received a letter and again they are asking us to submit refusal letter again. I don't know why they are asking again refusal letter again.
We received our refusal letter by email and one letter my wife received by mail as well which CIC send it.
Should we send the refusal letter by Fax and courier as well?
Is it accepted?
The IAD office is near and if she go personally and deliver the letter. Is it fine?
One more question
What is IRB File Number?
Hi,

It's OK to submit the appel form/letter or any other documets by hand.
I did it, and now I have my full hearing on Dec 6, 2017.
 

SV670

Star Member
Feb 20, 2016
193
90
Toronto
Category........
FAM
Visa Office......
New Delhi, India
App. Filed.......
26-Jan-2012
Doc's Request.
26-Jan-2013
Interview........
25-June-2014
You applied in 2012 and it took you 2 years to get an interview:eek:? Damn
Need help to prepare for hearing, also looking for a lawyer, who is smart and shrewd, and who can handle Crown Prosecutor from CBSA (Immigration).
Any suggestions??? I'm in Toronto.
 

Jamaicanwife

Star Member
Oct 4, 2017
196
105
2 weeks before my appeal interview and I’m starting to Panic, not because I don’t know my stuff but the “what if’s” are starting to sneak up on me. Any advice on what they may ask if denied on “marriage not genuine” bases. Anyone who has done their appeal, and won, want to share some info?? TIA
 
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TRISHGD

Hero Member
Apr 14, 2016
228
54
Brampton
Category........
FAM
Visa Office......
Kingston
App. Filed.......
02-02-2016
Doc's Request.
26-07-2016 (RPRF)
AOR Received.
14-04-2016
File Transfer...
21-04-2016
Med's Request
Upfront
Med's Done....
05-10-2015 (extended until July 25,2017)
Interview........
24-11-2016
Passport Req..
24-11-2016 (arrived @ KVO on 04-12-2016)
2 weeks before my appeal interview and I’m starting to Panic, not because I don’t know my stuff but the “what if’s” are starting to sneak up on me. Any advice on what they may ask if denied on “marriage not genuine” bases. Anyone who has done their appeal, and won, want to share some info?? TIA
I'm stating to have those too:(:(:(:(
But I'm praying and praying begging God to work on the officer so that they can give me a positive answer. I'm so nervous.
 

VG73

Star Member
Jul 7, 2015
172
77
Hongkong
Visa Office......
Hk.
App. Filed.......
1-10-2014
Med's Request
21-08-2017
Med's Done....
28-08-2017
I'm stating to have those too:(:(:(:(
But I'm praying and praying begging God to work on the officer so that they can give me a positive answer. I'm so nervous.
there's is no need to panic be confident since you have know your stuff nothing to worry about it . Be yourself .
 

VG73

Star Member
Jul 7, 2015
172
77
Hongkong
Visa Office......
Hk.
App. Filed.......
1-10-2014
Med's Request
21-08-2017
Med's Done....
28-08-2017
Need help to prepare for hearing, also looking for a lawyer, who is smart and shrewd, and who can handle Crown Prosecutor from CBSA (Immigration).
Any suggestions??? I'm in Toronto.
You should be able to handle it for yourself. .. your should know better detail about you and your spouse past life ...gather all your new evidence to proved them they are wrong that' your marriage is guniene. . Study what is in your blue book know each other background just a matter of getting for both of you get to know the past.
 

BilalShaukat89

Star Member
Feb 9, 2016
121
16
Category........
FAM
Visa Office......
LVO
Passport Req..
Soon INSHAH ALLAH
mr bilalshukat how are you hope you are fine and good by health but i think your interview were at islambad
Hi Mr Chuahdary
I am fine. Yes my interview was in Pakistan.
I am now confused. I received a letter from IAD Registry office Toronto.
They give me IAD file number.
On the second page of that letter (IAD Registry office Toronto) they said, if you did not include the CIC refusal letter when you provided your notice of appeal to us, you must immediately send to this office. The CIC refusal letter is the letter that visa office send it to family member that you sponsored. it gives the reason why your family member's applications to come to Canada was refused. It is not the letter which explains the appeal process.
Kindly explain me is they send this letter every one who send the Appeal form + Refusal letter to IAD Registry office Toronto?