ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[yoge]

My wife couldnt answer on Islamic question, some question on our development basically they lied a lot both Judge and Immigration officer. I belive that we should fight for our own right. The more we show them weak, they more they abuse us. So we have to more aggressive. We are trying to live for some years together and then we will fight.

If you believe your relationship is genuine Appel to federal court about your hearing decision

 

[PLATINA]

I also colombo VO we won our appeal last month 14th and file reopen 25th this month now waiting for new Pcc and other additional document . By the way which visa office request your medical and pcc ? Colombo or Ottawa ?
I think you can contact your mp to about your this situation. And order your gcms note then you can find what’s going on your application.
And what’s the reason for your refusal ?

Hi Yoge, We have replied to you in another forum as well. Our visa post is Colombo CHC. if we request for GCMS notes it will take another months. BTW What is the reason for your refusal. we refused under the basis of NON GENUINE MARRIAGE.

 

[BilalShaukat89]

If you believe your relationship is genuine Appel to federal court about your hearing decision

We will and in case there we receive the same result.
Kindly tell me what's next.

 

[yoge]

Hi Yoge, We have replied to you in another forum as well. Our visa post is Colombo CHC. if we request for GCMS notes it will take another months. BTW What is the reason for your refusal. we refused under the basis of NON GENUINE MARRIAGE.

We also refused for marriage is not genuine
And if you request gcms notes it’s not delay your process . I think it’s really longer process after won your Appel people got there PPR within 6 month according to this forum . My best advice pls contact your member of parliament about this and keep updated

 

[lion.com]

We will and in case there we receive the same result.
Kindly tell me what's next.

Why would you receive same result? Prepare! Tell your wife more about your culture, religion and family, and learn more about each other... it’s hard to believe genuine marriage get denial In court. you should prepare better or find a lawyer to make case stronger! unless your wife wants to move to your country, to me it is easiest and fastest way to be together...

 

[lion.com]

Hire a best lawyer..if ur marriage is genuine u ll win for sure..

Oh sorry it’s not me it was Bilal

 

[mithi678]

Need Advice
We lose our Full Hiring.
What should we do next?
Federal Court or my wife came to my home country and live with me for some years??
Is there any case where couple win after spending some years and reapplied again.
Thanks

Hire a best lawyer..if ur marriage is genuine u ll win for sure

 

[mithi678]

Oh sorry it’s not me it was Bilal

So sorry..

 

[PLATINA]

We also refused for marriage is not genuine
And if you request gcms notes it’s not delay your process . I think it’s really longer process after won your Appel people got there PPR within 6 month according to this forum . My best advice pls contact your member of parliament about this and keep updated

Thanks yoge, It's already passed 7 months after allowing our appeal. Yes we are planning to meet divisional MP very soon and praying for you, all members and applicants who is stuck in this blind cave.

 

[Ana Paula]

Do you mean DNA was the only reason to reject your appeal or was there any other reason as well?, mine has too a baby should i do it in advance?

I did the DNA and put it in my document folder, I learned that it is good to do this.

 

[Ana Paula]

Thanks yoge, It's already passed 7 months after allowing our appeal. Yes we are planning to meet divisional MP very soon and praying for you, all members and applicants who is stuck in this blind cave.

My hearing was in February and to this day immigration has requested medical exams and forms, and nothing else to this day, I have already lost my daughter's day care in Toronto, and none of them release my husband.
as I do to contact the MP.

 

[Zeehiw]

• I need help pls ,
  my wife and my two years daughter refused Canada visa last week because of fails to declare family member under section 117(9) d. I had no information before about 117(9)d.
  
  I got married after I granted permanent resident visa of Canada . However, Before I landed to Canada .
  
  My Daughter born after I landed in Canada .
  
  Section 117(9) d definition/meaning is amended on July 26 /2019. Like this , please read carefully and give me ur suggestions , thanks .Is it works for me ..,
  
  Excluded relationships
  
  (9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if
  • (d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
    
• Marginal note:Exception
  
  (10) Subject to subsection (11), paragraph (9)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.
  
  
• Marginal note:Application of par. (9)(d)
  
  (11) Paragraph (9)(d) applies in respect of a foreign national referred to in subsection (10) if an officer determines that, at the time of the application referred to in that paragraph,
  
  • (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or
    
    
  • (b) the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.
    
• Definition of former Act
  
  (12) In subsection (10), former Act has the same meaning as in section 187 of the Act

 

[lion.com]

• I need help pls ,
  my wife and my two years daughter refused Canada visa last week because of fails to declare family member under section 117(9) d. I had no information before about 117(9)d.
  
  I got married after I granted permanent resident visa of Canada . However, Before I landed to Canada .
  
  My Daughter born after I landed in Canada .
  
  Section 117(9) d definition/meaning is amended on July 26 /2019. Like this , please read carefully and give me ur suggestions , thanks .Is it works for me ..,
  
  Excluded relationships
  
  (9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if
  • (d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
• Marginal note:Exception
  
  (10) Subject to subsection (11), paragraph (9)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.
  
  
• Marginal note:Application of par. (9)(d)
  
  (11) Paragraph (9)(d) applies in respect of a foreign national referred to in subsection (10) if an officer determines that, at the time of the application referred to in that paragraph,
  • (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or
    
    
  • (b) the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.
• Definition of former Act
  
  (12) In subsection (10), former Act has the same meaning as in section 187 of the Act

From what I read and did some research: 10 does not apply to you because it was not the officer who decided not to do examination of your family members, it was you who did not tell officer that you got married or have a child before landing. If it was his choice than exception could apply to you...
11 also does not apply to you I think... because if officer told u to examine your spouse and child and for some reason you guys didn’t do it, than it would apply to
You.
It’s pretty simple, you didn’t declare your family members before landing and they were not examined. So now they are not considered your family members...
I hope someone will correct me if I am wrong!

 

[Zeehiw]

Subsection 11(1) of the Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. For the reasons set out above, I am not satisfied that you are not inadmissible and that you meet the requirements of the Act. I am therefore refusing your application.
I am sending a letter to your sponsor notifying of the appeal provisions of the Immigration and Refugee Protection Act. I am using the last known address for your sponsor:

 

[yoge]

Hi seniors today I got additional documents request email like this
Dear Xxxxxx-xxxxxx:
This refers to your application for permanent residence in Canada.
The Immigration Appeal Division (IAD) has allowed the Appeal on your application. As a result, your application will now be re-opened and re-assessed based on the decision of the IAD.
In order for our office to continue the processing of your application, we require the following documents:
1. An updated application kit which must include the following:
a. IMM 0008 - Application for Permanent Residence for yourself;
http://www.cic.gc.ca/english/pdf/kits/forms/IMM0008ENU_2D.pdf
b. IMM 5669 - Schedule A - Background Information for yourself and all your dependants over 18 years old;
http://www.cic.gc.ca/english/pdf/kits/forms/imm5669E.pdf
c. IMM 5406 - Additional Family Information for yourself and all your dependants over 18 years old;
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.PDF
2. An updated IMM 5476 - Use of a Representative form, if you are designating a representative. If you are no longer using your previous representative, please complete Section C of IMM 5476 to cancel your previous representative.
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5476E.pdf
3. If your province of destination is Quebec, you must provide a Certificat de sélection du Québec (CSQ). Instructions to obtain a CSQ can be found on this website: http://www.immigration- quebec.gouv.qc.ca/en/index.html.
4. A copy of the biometric page of your and any dependants’ valid passport.
Please note that your passport must be valid for at least 6 months prior to your entry to Canada.
5. A new Medical Examination as per the instructions on our website. If the medical report form (IMM1017) is not included in this letter, it will be sent to you in an email shortly. For more information visit: http://www.cic.gc.ca/english/information/medical/medexams-perm.asp.
6. Updated Police Certificates from: SRI LANKA
Case Processing Centre Mississauga Centre de Traitement des Demandes Mississauga
Website: www.cic.gc.ca Site web: www.cic.gc.ca

Instructions to obtain Police Certificates can be found on our website: http://www.cic.gc.ca/english/information/security/police-cert/index.asp.
7. Payment of the Biometric Fees. You can pay this online by visiting: https://eservices.cic.gc.ca/epay/. Instructions have been attached separately.
The above information/documents must be received in our office within 30 days from the date of this letter.
If you are unable to submit the requested document(s) within the timeframe given, you must notify our office before the due date and you must provide an explanation and proof as to why you are unable to submit the documents within the given timeframe.
If we do not receive the requested information within the time allotted to you from the date of this notice, a decision will be made based on the information on your file, which could result in the refusal of your application.
 Any document that is not in English or French must be accompanied by the English or French translation completed by a certified translator, and a copy of the original document. If any of the requested documents are not available, please submit a detailed written explanation. Any documents submitted which are not in English or French must be accompanied by a notarized translation in either English or French.
 Please send us scanned versions of the requested documents. Please do not submit originals, unless otherwise stated, as documents submitted will not be returned.
Please quote your complete application number on your correspondence and address your correspondence to:
Attn: Appeal Allowed Overseas Family Class CPC Mississauga – FCP OVS APR
PO BOX 6100, Station A
Mississauga, ON L5A 4H4
You may send the requested information/document(s) via the Case Specific Enquiry form at the following link: https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx
Sincerely,
Immigration Officer CPC Mississauga

My question is why my file didn’t handle by Ottawa. And is Mississauga resend file again to colombo visa office ?