INLAND APPLICATIONS 2010

[Latvian]

Hi all!

I have the following "situation":

my wife has PR, I have valid Work Permit with PR in process and our 3 year old son has Temporary Resident Status under Visitor Extension with PR in process.

My question is - would he be allowed to re-enter Canada if we decide to go visit family in Latvia? I'll have WP valid on the time of travel, so will Immigration at the border let him back in to Canada with us?

Latvia is a visa exempt country so citizens of Latvia can stay in Canada for 6 months without a visa.

Your help will be highly appreciated.

Thanks in advance!

 

[komar]

Komar, may I ask you what was the ground of your refusal? They must have outlined something in the refusal letter. Did you reapply inland again?

Hey Ditta,

They gave three reasons:

1. Joint bank account was opened and closed the same day.
Our bank account was never closed. It is open since 2009 to date. The account statement that we had submitted showed the closing balance for the month which the IO took to mean that the account itself is closed.

2. We met and got married within 9 day.
We had submitted evidence like hotel bills and boarding cards to show that we had known each other for 8 months before we got married.

3. Income tax returns show 'single' status.
Taxes are filed for the previous year. We got married in 2009 so we filed our taxes sepeartely for the year 2008. Reason: We were not married in 2008 and were never in a common-law relationship.

They could have asked for clarification or more evidence. They could have called us for an interview to find out for sure but they didnt. The application went to local office on Dec18 and we got the letter on Dec31. Remember that it was the christmas season. Must be a record for Canada. And imagine what a happy new year it was for us and the toll the whole thing took on our relationship was huge too.

We left no stone unturned. We wrote to MPs, senators, Governor General, Prime Minister, immigration minister, manager of the local immigation office. We appeared in radio, tv and newspaper reports but the response was always the same: Inland refusal has no right of appeal. An application on which a decision has been made cannot be reopened or looked at again even though everyone admitted that it was a mistake.

The only way for us: apply again. Which we did. And the wait began once again... Our mantra the whole time: what doesnt break you, make you stronger.

 

[ditta]

I`m so very sorry, Komar, I am shocked! The reasons you mentioned could have been clarified with further evidence- like your joint bank account and an interview based on your quick marriage. I think the taxes thing is absolutely ridiculous. For the first point- not every couple want to maintain joint accounts, many would keep the finances separate but we are forced to have a joint. The fact that the IO mistook the closing balance with the account being closed shows that this person was an amateur and should be fired. So sad that we are in the hands of someone whose mistake can determine our lives.
I still don`t see why there is no appeal inland- it could save time, money and a lot of heartache.
I know other stories like yours, some have children or pregnant wives involved and were refused for invalid reasons.

You are very brave to try inland again, I wish you an easier way this time! Hopefully you will get a more professional IO!

 

[Spring4.6.]

Komar, it is a shock for me to see what happened with you. And as some people said, you are a hero for applying again, dont quit and stay strong. i hope everything goes well and fast for you!

 

[Material]

Hey Ditta,

They gave three reasons:

1. Joint bank account was opened and closed the same day.
Our bank account was never closed. It is open since 2009 to date. The account statement that we had submitted showed the closing balance for the month which the IO took to mean that the account itself is closed.

2. We met and got married within 9 day.
We had submitted evidence like hotel bills and boarding cards to show that we had known each other for 8 months before we got married.

3. Income tax returns show 'single' status.
Taxes are filed for the previous year. We got married in 2009 so we filed our taxes sepeartely for the year 2008. Reason: We were not married in 2008 and were never in a common-law relationship.

They could have asked for clarification or more evidence. They could have called us for an interview to find out for sure but they didnt. The application went to local office on Dec18 and we got the letter on Dec31. Remember that it was the christmas season. Must be a record for Canada. And imagine what a happy new year it was for us and the toll the whole thing took on our relationship was huge too.

We left no stone unturned. We wrote to MPs, senators, Governor General, Prime Minister, immigration minister, manager of the local immigation office. We appeared in radio, tv and newspaper reports but the response was always the same: Inland refusal has no right of appeal. An application on which a decision has been made cannot be reopened or looked at again even though everyone admitted that it was a mistake.

The only way for us: apply again. Which we did. And the wait began once again... Our mantra the whole time: what doesnt break you, make you stronger.

I dont know what to say (shocking is not enough) all I could say is hope everything works out this time and applying again and going through the process again just shows how dedicated to each you are just keep it going and as you said what doesnt break you doesnt hurt you !!

best wishes

 

[adzees]

Komar, were you married at the time you filed your taxes.
I mean i do understand that you were single in 2008, but at the time you sent your tax return to CRA. What was your status?

And ofcourse you have no right to appeal, but you can sue CIC if you have your proofs, and their reasoning letter behind the refusal.

 

[komar]

Komar, were you married at the time you filed your taxes.
I mean i do understand that you were single in 2008, but at the time you sent your tax return to CRA. What was your status?

And ofcourse you have no right to appeal, but you can sue CIC if you have your proofs, and their reasoning letter behind the refusal.

Ditta, Spring4.6 and Material,

Thanks for the good wishes guys!

Adzees, we were married at the time we filed our taxes but you file taxes for the previous year like in 2011 you file for 2010. so in 2009 (though we were married) we filed taxes for 2008 which shows status as single. When we applied in 2009 the latest tax returns that we could attach to our application were for 2008. You would think an IO would know that...

Yes you can sue and we did consult lawyers but the cases drag for years and we didnt have thousands of $ to pay the lawyers.

 

[TeresaLynn]

Komar what office was your file transferred to? What country are you from? So sad why not try filing outland?

 

[Material]

Ok I just got a call from my MP saying that the file is in the Etobicoke office where I was told by mail that its at the mississauga office ????????online it is says that its at the mississauga office as well ok now Im confused!!! where should I mail the updates and the foss notes request??
and whats frustrating even more is that she said the file is scheduled for reviewing at the end of April??? does that mean they havnt even looked at it???

 

[Inlandappl]

Hey again

Just a quick question if an inland sponsorship application is refused can it be appealed??

thanks

Like suenim said you cannot appeal but you can always go outland and apply again

 

[komar]

Ok I just got a call from my MP saying that the file is in the Etobicoke office where I was told by mail that its at the mississauga office ????????online it is says that its at the mississauga office as well ok now Im confused!!! where should I mail the updates and the foss notes request??
and whats frustrating even more is that she said the file is scheduled for reviewing at the end of April??? does that mean they havnt even looked at it???

Call the CIC helpline and say you have to send updates to your application so you want to know the mailing address of the local office. Dont tell them what the MP or the online thing says. Call a couple of times to talk to different reps to confirm the file location. This way you would know for sure.

For the Foss notes mail/ fax the request to:

Manager, Access to Information and Privacy
Ontario Regional Office
25 St. Clair Avenue East, Suite 200
Toronto, Ontario M4T 1M2
Telephone: 416-954-7857
Facsimile: 416-954-7837

They handle the requests for the whole of Ontario.

Yes chances are that April would be the first time the local office would review your file. On a positive note, they will get the updates before then so hopefully they wont waste much time in finalising the application in your favour!

 

[Babyhangon]

Hello everyone. I called the CIC call center again today since my new/replacement package was successfully delivered on Tuesday Feb.15. The agent was even worse than last time. He wouldn't tell me anything about my new app, not even confirm they have received it or not. He simply says it's too early to tell me anything and asks me to call 2 or 3 months later while last time I was asked to call after 1 month! I am really frustrated now. I just want to know if they have received my new package and started building my case but I couldn't get anything. Another 2 or 3 months with no information at all? I am speechless. It has been over 2 months since we first sent our app in but so far zero information with high uncertainty. This is killing me. I read other posts. Maybe I should order a FOSS note? Will that help at all since we're still in the very early stage? Anybody can offer any advice? What else can I do? Or simply wait?

 

[Babyhangon]

Friends, another question: at what point of the application process, my wife can leave Canada for a break? She is currently out of status here and too late to renew her status. She wants to visit her parents back home as soon as possible. I'd like to know if she has to wait till AIP granted or final receipt of PR card? From AIP to PR card, how long will it normally take? Sorry for so many questions. This whole thing is new to me. try to gather information as much as possible. thanks, everyone. good luck, everyone.

 

[adzees]

Ditta, Spring4.6 and Material,

Thanks for the good wishes guys!

Adzees, we were married at the time we filed our taxes but you file taxes for the previous year like in 2011 you file for 2010. so in 2009 (though we were married) we filed taxes for 2008 which shows status as single. When we applied in 2009 the latest tax returns that we could attach to our application were for 2008. You would think an IO would know that...

Yes you can sue and we did consult lawyers but the cases drag for years and we didnt have thousands of $ to pay the lawyers.

No you had to put your status as married at the time of filing your tax. It doesn't matter if you were married in the tax year or not. Although this is not a valid reason to refuse an application. This is something that could have been resolved in an interview.

 

[komar]

No you had to put your status as married at the time of filing your tax. It doesn't matter if you were married in the tax year or not. Although this is not a valid reason to refuse an application. This is something that could have been resolved in an interview.

From what we were told, if your status on tax return is married, you have to file taxes as a couple too.