How do I reapply after a failed appeal?

[canadianwoman]

I wish this post of mine could have been more positive, but the only way to battle this is with impartial facts, so that's my point of view at the moment. I hope my tone doesn't appear harsh.

No, it doesn't. I value other people's opinions about the case and about what I should do now.

 

[Black-Berry]

I feel sorry for you too Candianwoman. if you dont mind me asking what exactly did you give as proof of your relationship??. i know this is a wild thought but maybe you can try having a baby??. i know its prob hard at this point but maybe if you have a babyb it may help??. Can your husband get a canadian visa at this point?. because if he can maybe he can come into canada and apply inland??.. .
I hate that this happened to you!. Its just unfortunate and unfair!. have you spoken to the minister of Immigration about your case?. maybe take it to a higher level??. i dunno. AM just throwinbg everything out there!. But please shgare what you provided as proof of your relationship. maybe they werent satisfied with what u gave them>>

 

[lynw]

I feel sorry for you too Candianwoman. if you dont mind me asking what exactly did you give as proof of your relationship??. i know this is a wild thought but maybe you can try having a baby??. i know its prob hard at this point but maybe if you have a babyb it may help??.

Firstly, having a baby together proves nothing - people who have no relationship with each other do it all the time.

Secondly, IMHO that suggestion is just wrong wrong wrong. Creating a human being just to get a visa? Ugh.

 

[Black-Berry]

Firstly, having a baby together proves nothing - people who have no relationship with each other do it all the time.

Secondly, IMHO that suggestion is just wrong wrong wrong. Creating a human being just to get a visa? Ugh.

I am NOT suggesting they have a baby!. i am THROWING everything out there!!!. why are people sooo quick to jump to conclusions and look for the negative?. Im just "throwing' everything out there for her???. they have been together for seven years!. surely if canadianwoman sees fit to conceive with her husband who am i or you to judge?. .!!...
I do agree having a baby to get a visa is just wrong also having a baby for the wrong reasons is also just wrong!!. but you are obviously missing my point!!...

 

[locolynn]

I am NOT suggesting they have a baby!. i am THROWING everything out there!!!. why are people sooo quick to jump to conclusions and look for the negative?. Im just "throwing' everything out there for her???. they have been together for seven years!. surely if canadianwoman sees fit to conceive with her husband who am i or you to judge?. .!!...
I do agree having a baby to get a visa is just wrong also having a baby for the wrong reasons is also just wrong!!. but you are obviously missing my point!!...

I get what you are saying...if you were planning to have a baby anyway, why don't you go ahead and do it now, and that will be proof of a genuine relationship...

The sucky thing about that is canadianwoman will be left alone to go through pregnancy, and likely raising the baby on her own during the whole process...which is super long through accra. It is so painful and difficult to do this alone (I know, I'm doing it now). In the end, it might not even make a difference, then she is in canada with a baby and her husband is stuck in nigeria...and their options are far more limited.

They are much much better to go to 3rd country, live for a year together and reapply in the country where they are living. May I suggest Taiwan...lots of english teaching jobs, and the fastest office and I think the highest approval rating...

Lynn

 

[clubcanada]

@canadianwoman:
not quite sure, whether racism was the main reason for the refusal. Let's assume that racism was not the dominating factor, and see it from another perspective: thanks to thousands of applicants before him (especially male from third world countries) the probability (based on the history and resulting stats) that your husband becomes a runaway straight after landing are quite high. therefore, what could convince a neutral third person that your case is different? there are indeed some apsects that tend to make CIC suspicious: age difference (even worse: younger woman is sponsoring older man from third world country), long-term relationship with no children, etc.
as someone already stated: you said you'd move to your husband if his visa was refused. so, that's what you should do. give yourself 1-2 years and then re-apply. you should pro-actively address all aspects that were mentioned during the appeal and application process. in other words: apply your lessons learned. basically the new application needs to be treated completely isolated from the previous one. However, as this will be processed by a human being, what are the chances that this will be happen? so be prepared...

@toby

I think I would refuse to reside in Canada if my wife were denied her PR; why live in a country of petty bureaucrats?

150% agreed. If my wife got refused, I for sure would leave canada. I probably would not even go through the appeal as we've been separated for too long already.

 

[tgchi13]

@ toby150% agreed. If my wife got refused, I for sure would leave canada. I probably would not even go through the appeal as we've been separated for too long already.

Personally, I'd suggest both, the appeal or reapplication, and the application to the spouses country.

 

[locolynn]

there are indeed some apsects that tend to make CIC suspicious: age difference (even worse: younger woman is sponsoring older man from third world country)

Did you mean the opposite...younger man, older woman? This tends to be a much more suspicious marriage in the eyes of immigration.

I know what you mean about taking the 3rd party perspective before concluding racism, but canadianwoman and her husband have been married for 9 years - or something ridiculous like that how can they deny that it is a genuine relationship...9 years!

Unless we don't have all the information...it would seem like at best some preconceived notions were in play.

Lynn

 

[boyee6576]

Thats the thing that really gets me angry. Who in the right mind would stick with a spouse for 9 years if they were only wanting to get into the country? Wouldnt they move on to another potential victom and I would think would want to move alot faster than a snails pace to get here? Call me stupid but that really doesnt even make sense. No one would go 9 years of being married without ditching them if it was only for a visa. If a 9 year marriage, living together for that duration doesnt prove anything, then honestly, what the hell does?

yes my two cents or no sense LOL

 

[tgchi13]

Thats the thing that really gets me angry. Who in the right mind would stick with a spouse for 9 years if they were only wanting to get into the country? Wouldnt they move on to another potential victom and I would think would want to move alot faster than a snails pace to get here? Call me stupid but that really doesnt even make sense. No one would go 9 years of being married without ditching them if it was only for a visa. If a 9 year marriage, living together for that duration doesnt prove anything, then honestly, what the hell does?

yes my two cents or no sense LOL

Here here!!

 

[locolynn]

why they will not give u appeal right?

this is ur right u must get it

read the subject line...it says FAILED appeal. They had an appeal...they lost it.

Lynn

 

[joecreosta]

read the subject line...it says FAILED appeal. They had an appeal...they lost it.

Lynn

sorry about that.

 

[clubcanada]

@ locolynn:

Did you mean the opposite...younger man, older woman? This tends to be a much more suspicious marriage in the eyes of immigration.

of course, you're right - my mistake.

and I agree that 9 years seems to be a good argument. I don't know the specific details of canadianwoman's case, however - playing devil's advocate here, one could simply argue in the other direction: what happened in those 9 years? was the couple living together? what took them so long to apply for a visa? does the couple have children resulting from this marriage - if no, why not? Again, this raises even more questions when you try to see it from the view of a conservative CIC officer or judge who feels the need to protect you as a canadian citizen (even though you might give sh*t)...
and again if the woman is older (I got it right this time), the sponsored person has relatives in canada, etc. the stats play against them.
If you don't have really really good answers to these questions, you're screwed...
I feel sorry for canadianwoman but I kind of understand CIC as there have been a number of cases of runaways recently that went through the press (one case was of a canadian woman with indian decent sponsoring a younger indian man. the case was refused in the first place, but they won the appeal. the first thing hubby did after landing was ditching her). If I were in canadianwoman's situation, I would move to him and re-apply in 1-2 years by pro-actively addressing potential doubts...

 

[rjessome]

canadianwoman,

You mentioned that you both gave the same responses to the IAD. I would SERIOUSLY consider judicial review. It sounds like, if the only reason for refusal was genuineness, that an error in law may have been made. Contact a lawyer who specializes in JRs and get an opinion. Best of luck. Your story is very sad and I'm hoping you get some excellent legal advice that will give you a positive result.

 

[Black-Berry]

Well Said.. And thank you Locolynn for seeing my point ....
You are receiving excellent advice. As we dont know the details ie how long youve been together and actually lived together and such . I dont know what actually raised the IO red flags to deny him.
Can you actually re-apply after losing an appeal?. If you can, i would suggest you build a strong VERY STRONG case that can leave absolutely no doubt to your relationship.
It is very very sad what you have gone through i would never wish that to even my worst enemy or hater!.. (Ok maybe just my hater but oh well!)
have you considered going public with your story?. Normally publicity does wonders!. am sure the canadian government doesnt want such a negative effect and you would get at least a sympathetic ear. Am suree CNN would take your story ..
Im just saying!!