Appeal with the IAD

[inlimbo]

I sent in a request for an appeal with the IAD at the IRB in Vancouver, in late September. I still have not heard anything.
Is this normal?

To those of you who have been through the appeal process, what was your experience like?

Thanks in advance.

 

[humpakwatankaylog]

I sent in a request for an appeal with the IAD at the IRB in Vancouver, in late September. I still have not heard anything.
Is this normal?

To those of you who have been through the appeal process, what was your experience like?

Thanks in advance.

I have not been through one and it takes about a year before you get a date so its normal.

Check this thread for experiences:
http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.0.html

 

[Habibti]

I sent in a request for an appeal with the IAD at the IRB in Vancouver, in late September. I still have not heard anything.
Is this normal?

To those of you who have been through the appeal process, what was your experience like?

Thanks in advance.

Hello! I am in the Vancouver area too! I sent a request for an appeal in the 3rd week of November. Let's keep in touch in case of new developments, ok? What were the reasons for your denied visa?

 

[hambzik]

Hello! I am in the Vancouver area too! I sent a request for an appeal in the 3rd week of November. Let's keep in touch in case of new developments, ok? What were the reasons for your denied visa?

Yes its long wait. We sent application for appeal in March and our appeal was in June first week with ADR. We received letter in Late April. However, if this appeal was not approved by ADR, the appeal board hearing would have taken almost 6 months.

If you hired a lwyer, which one should in appeal cases, you should ask your lawyer. They must have more cases like yours and they can tell you when are other cases going on, so you will have the idea.

Good Luck.

 

[Habibti]

Yes its long wait. We sent application for appeal in March and our appeal was in June first week with ADR. We received letter in Late April. However, if this appeal was not approved by ADR, the appeal board hearing would have taken almost 6 months.

If you hired a lwyer, which one should in appeal cases, you should ask your lawyer. They must have more cases like yours and they can tell you when are other cases going on, so you will have the idea.

Good Luck.

Sorry, I misunderstood you. I thought you applied for appeal and you were waiting for the date of the appeal. You had appeal already, yes? You had an ADR in June, yes? How was it? Did you win? Why your spouse were denied visa?

I don't understand something... what are you waiting for if you had ADR?

I hired an immigration consultant who is working under the supervision of a lawyer.

 

[hambzik]

Sorry, I misunderstood you. I thought you applied for appeal and you were waiting for the date of the appeal. You had appeal already, yes? You had an ADR in June, yes? How was it? Did you win? Why your spouse were denied visa?

I don't understand something... what are you waiting for if you had ADR?

I hired an immigration consultant who is working under the supervision of a lawyer.

we were refused at the time of the interview. I dont want to talk about the reasons here, since those reasons doesnt even make sense. Anyways, yes we applied for appeal it went to ADR and we won the appeal.

Ok, you need to understand the following:

1) Appeal is a process where you are challanging the decion of refusal, its not easy but if you are genuine you can win it.
2) You need all kind of evidence in the world to prove that your case is genuine and the decision of refusal was a error.
3) Its upto ADR if they want to accept your case and go to ADR or full appeal board hearing.
4) After you win the Appeal or ADR hearing, the file is sent to Canadian High commision in your country to resume processing
5) It stilltakes time, your spuse may have to submit Medical and Police clearance again along with all the forms and documents.
6) The case will go through security clearance and Background check before they issue your spuse a Visa and PR.
7) In ND, its long wait, We won the appeal in June first week and we are still waiting for PR, it may take another 4-6 months.

Dont hold your breath for fast processing after you win the case in appeal. It still takes time. If you submit the appeal this month, the earliest I would guess your spuse will get PR willbe sometime in July or August.

I am not sure about delays in Colombo, it might be earlier if they are not delayed much.

Good Luck

 

[Habibti]

Thank you so much for your detailed answer! So if what you say happens, July or August is just 8 or 9 months away! That is not too bad! I thought the whole thing would take from 18 months to 2 years!

I would have liked to know more about your experience at the ADR. Where you went, the people there, the questions, the procedures, how long was the meeting, etc... anything to help me getting mentally prepared lol In our case they don't believe our relationship is genuine. We got the news on November 14 and the week after the papers were sent for appeal. In the letter, there were no arguments, no reasons, no facts, to explain why they accuse my husband got married to gain entrance to Canada! His interview was 40 minutes long and nobody can't know in such a short amount of time what is in the heart and mind!

 

[inlimbo]

Yes its long wait. We sent application for appeal in March and our appeal was in June first week with ADR. We received letter in Late April. However, if this appeal was not approved by ADR, the appeal board hearing would have taken almost 6 months.

If you hired a lwyer, which one should in appeal cases, you should ask your lawyer. They must have more cases like yours and they can tell you when are other cases going on, so you will have the idea.

Good Luck.

Your time line isn't bad at all. Since I haven't heard since applying for an appeal in late September, does it look like I'm not being selected for an ADR?

 

[canadianwoman]

Yes, unfortunately; but it is not for sure. Try phoning the appeal office and talking to an agent - they may be able to tell you when the appeal date will likely be. I had to phone several times in order to get through and talk to an agent every time. If you know French, I had better luck and more help when I pressed 2 for French service (through the Vancouver office).