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ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

Alexis1971

Hero Member
Feb 16, 2020
737
510
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.
We all feel your pain as we are going through it too, There is really nothing we can do at this time. My application has been in process since July 2018, won appeal January 2021, file stuck in Mississauga....sorrry.
 

armoured

VIP Member
Feb 1, 2015
15,226
7,753
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.
Ah, now I see.

I think outright refusals on the basis of no intent to return are relatively few - although they can ask for more info. So if you mean that your plan is to move to join your spouse, I think that is a decent approach. If you keep some ties in Canada you should be okay.

I think they would need to issue a PFL if they did wish to refuse on that basis, at which point you could return and advise of change of address. (More typical is they just ask for more info about your plan to return).

But I do not know the technical question of whether they can on appeal disregard. I warn I think this is overthinking - but I did read a case where the sponsor had returned to Canada specifically for the appeal and the IAD didn't accept that evidence; but the other aspects of the case were all rather extreme and the spouse who returned had clearly returned only for the appeal and was sort of living out of a suitcase. And I don't think that case turned on the 'intent to return' part, it was just one aspect, possibly just as H&C [meaning the part where they considered whether H&C outweighed all the other stuff that had been established]. In other words, I don't think they would routinely do this nor have much of a leg to stand on except in quite extreme cases.

I doubt they have plans or contingency plans about your case. It's mostly just a bureaucracy.
 
Last edited:

Phalos

Champion Member
Jun 19, 2020
2,566
1,293
Ah, now I see.

I think outright refusals on the basis of no intent to return are relatively few - although they can ask for more info. So if you mean that your plan is to move to join your spouse, I think that is a decent approach. If you keep some ties in Canada you should be okay.

I think they would need to issue a PFL if they did wish to refuse on that basis, at which point you could return and advise of change of address. (More typical is they just ask for more info about your plan to return).

But I do not know the technical question of whether they can on appeal disregard. I warn I think this is overthinking - but I did read a case where the sponsor had returned to Canada specifically for the appeal and the IAD didn't accept that evidence; but the other aspects of the case were all rather extreme and the spouse who returned had clearly returned only for the appeal and was sort of living out of a suitcase. And I don't think that case turned on the 'intent to return' part, it was just one aspect, possibly just as H&C [meaning the part where they considered whether H&C outweighed all the other stuff that had been established]. In other words, I don't think they would routinely do this nor have much of a leg to stand on except in quite extreme cases.

I doubt they have plans or contingency plans about your case. It's mostly just a bureaucracy.
thank you, sound advice as usual. if u ever come across an appeal based on residency, let me know, would be interesting read.
I meant their contingency plan to anybody who decides to join their spouse abroad, thereby making all ircc accusations of non genuine - moot.....so their contingency is to try to get you on the intent to return clause.
I have not decided what to do yet, there are multiple possibilities, we are still waiting official refusal letter.
 

armoured

VIP Member
Feb 1, 2015
15,226
7,753
I meant their contingency plan to anybody who decides to join their spouse abroad, thereby making all ircc accusations of non genuine - moot.....so their contingency is to try to get you on the intent to return clause.
I understood what you meant.

I know this will be very hard to do or believe at this point, given what's happened, but I think it won't help you to think of IRCC 'trying to get you.' There may be some with fixed ideas about your file - but probably not a plan.
 

Phalos

Champion Member
Jun 19, 2020
2,566
1,293
I understood what you meant.

I know this will be very hard to do or believe at this point, given what's happened, but I think it won't help you to think of IRCC 'trying to get you.' There may be some with fixed ideas about your file - but probably not a plan.
I didnt mean on a personal level, ircc is out to get ALL of us, it is our job to not give them teeth against us, obviouly I failed to do my research before applying and now trying to dig myself out of the hole I dug mself.
Visa Offices does not have compassion when considering outland apps. Just look how many appeals are won....nearly every one on appeal thread have won their case- that tells u something.
 

passenger19

Hero Member
Feb 5, 2020
609
542
Category........
FAM
Visa Office......
Warsaw
We all feel your pain as we are going through it too, There is really nothing we can do at this time. My application has been in process since July 2018, won appeal January 2021, file stuck in Mississauga....sorrry.
I really wish appealed cases could go to Ottawa instead of Mississauga. There are not that many of them. And it could be processed much faster even if recently submitted files would be prioritized. As I’ve seen some 2020-2021 applications that went to Ottawa were processed within 3-4 months. I don’t understand how is that possible that Ottawa works and Mississauga doesn’t if they are in the same province. Hope they won’t extend Stay at Home order after June 4th so Mississauga wouldn’t have any more excuses.
 

Phalos

Champion Member
Jun 19, 2020
2,566
1,293
Folks, how long after interview did they send REFUSAL letter????
Are they going to damn take their time so I wont be able to appeal?
There is no end to this nightmare.
 

passenger19

Hero Member
Feb 5, 2020
609
542
Category........
FAM
Visa Office......
Warsaw
Folks, how long after interview did they send REFUSAL letter????
Are they going to damn take their time so I wont be able to appeal?
There is no end to this nightmare.
You have 30 days to appeal after you receive the refusal letter.
 

passenger19

Hero Member
Feb 5, 2020
609
542
Category........
FAM
Visa Office......
Warsaw
yes I know, Im asking how long does it take them to send out R letter
Okay. I just wanted to reassure you that you would still have time to appeal. As of how long it takes...depends on the officer who works on a case. Some people receive theirs on the very next day and some people wait for months. I can’t recall the full story but one person in the Warsaw thread has been waiting like 3 months or so to receive the letter. I got the letter a week after my status on ECAS changed to Decision Made. So my advice would be to order new GCMS notes and wait for the letter.
 
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rosamor228

Star Member
Jan 5, 2021
64
4
I was told if we appeal I would never be allowed to sponsor him ever.
Reapply problem is it still goes back to Accra - corrupt people
Yes, we will get notes and see what fake bullshit she put down for objection
People with no time together all from a certain country be getting in in under 20 minutes
we been together for 4 years and we are not genuine - it is laughable
What is your situation now after all this happened? Did you make a decision to reappeal?
 

MurphyA

Star Member
May 7, 2018
187
190
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.
we are all in this together. We’ve been in process since July 2019, won our appeal in January 2021. Have no update since.
 
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Alexis1971

Hero Member
Feb 16, 2020
737
510
Folks, how long after interview did they send REFUSAL letter????
Are they going to damn take their time so I wont be able to appeal?
There is no end to this nightmare.
I think you need to take a break, keep busy doing something that makes you happy. You've asked so many what if questions/situations. No one can predict what's going to happen. You're in an appeal forum and your case hasn't even been decided. You told us if your case is denied you will not appeal and wait like we are doing. So why all the questions. Just wait and see. I cannot answer your question about interview as we never had an interview, we had a full hearing and had to wait up to 6 weeks for decision. Breath!!
 

Phalos

Champion Member
Jun 19, 2020
2,566
1,293
I think you need to take a break, keep busy doing something that makes you happy. You've asked so many what if questions/situations. No one can predict what's going to happen. You're in an appeal forum and your case hasn't even been decided. You told us if your case is denied you will not appeal and wait like we are doing. So why all the questions. Just wait and see. I cannot answer your question about interview as we never had an interview, we had a full hearing and had to wait up to 6 weeks for decision. Breath!!
We might appeal. I can ask questions, you dont have to answer. If you cant answer dont respond.
I am an active member on this forum and it makes me happy, thank you very much for your concern.