I first sponsored my husband from nigeria for Canadian PR card after we got married in October 2010. He was denied. I then appealed our case with IAD, our case was viewed before a IAD "judge " in july 2013. We where denied again. I re sponsored my husband again in march 2014. We had our baby girl in august 2013. We just found out yesterday we have been denied again. Immigration is saying they believe he just entered our married to gain entry to canada. I don't know what to do next. I have been crying all day please give advice
my husband has been denied twice now
- Thread starter ptdelight
- Start date
It's difficult for us to comment without a lot more information about CIC's specific reasons for refusing you (why did they think the relationship wasn't genuine?) and a lot more information about your relationship.
ptdelight said:
As Scylla mentioned above, you need to give a lot more details about your case if you want any advice at all.
The only thing that does come to my mind though. Based on your first denial, then subsequent denial on appeal, what did you both manage to change in order to make the last application different? You know why they denied you, what did you include to alleviate those issues? Simply being married for longer doesn't do it. There must be some sort of proof to alleviate the previous denials. The same thing will happen again if you were to sponsor using all the same details tomorrow.
Suggestion 1, without knowing all your details. Go and live with your husband in his country, do this while your daughter is young and not in school. This will help CIC to believe your marriage is genuine and you obviously need to cast doubt on their ideas that it is a marriage for other purposes.
Good luck to you.
canadianwoman
VIP Member
- Nov 6, 2009
- 6,211
- 291
- Category........
- Visa Office......
- Accra, Ghana
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 30-01-2008
- Interview........
- 05-05-2009
Yes, you need more proof the marriage is genuine and was not entered into just for immigration purposes. The IAD means by 'more proof' different proof than you originally submitted. That is, more of the same types of proof you originally used will not be enough. (Though certainly include more proof of contact, visits, etc.) The baby is certainly new proof - usually a child is enough on appeal to win, though because you were denied the second time after the baby was born, it may not be enough here. The visa officer did know about the baby, right?
The proof you need is that the marriage is genuine now, and that it was genuine when you got married. I have seen an appeal that was denied because the IAD 'judge' believed that the marriage was genuine at the time of appeal, but still thought that originally it had not been genuine. It is hard to prove the intentions of the foreigner at the time of marriage. Some proof that has worked has been: 1. showing just that the marriage has continued and developed since the first refusal - if the foreigner really did marry you just to get into Canada, he would probably give up after losing the appeal; 2. the birth of a child - this is not conclusive, but usually people will not have a baby just to pretend their marriage is real; 3. going to live with your husband in his country or some other country is really good proof, but of course can be difficult to arrange.
The proof you need is that the marriage is genuine now, and that it was genuine when you got married. I have seen an appeal that was denied because the IAD 'judge' believed that the marriage was genuine at the time of appeal, but still thought that originally it had not been genuine. It is hard to prove the intentions of the foreigner at the time of marriage. Some proof that has worked has been: 1. showing just that the marriage has continued and developed since the first refusal - if the foreigner really did marry you just to get into Canada, he would probably give up after losing the appeal; 2. the birth of a child - this is not conclusive, but usually people will not have a baby just to pretend their marriage is real; 3. going to live with your husband in his country or some other country is really good proof, but of course can be difficult to arrange.
gsize
Hero Member
- May 2, 2009
- 958
- 48
- Category........
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 2009....denied Feb 2010.....appeal allowed (August 2012)..waiting for processing
- Doc's Request.
- 04/04/2013
- File Transfer...
- 30/01/2013
- Med's Done....
- 04/2013 (second time)
- Passport Req..
- 21/02, 2014
- VISA ISSUED...
- 18/03/2014
- LANDED..........
- 05/04/2014
ptdelight said:
so sorry you are going through this. I know what its like. Call an immigration lawyer/consultant to see what they can offer. (many will give you a free Consultation)
Stay strong !
Mazar_Sponsor
Hero Member
gsize said:
In addition, did you receive a letter stating why you were rejected? You better get a lawyer to deal with this
M
mikeymyke
Guest
If they denied you even after having a child, then that must mean you haven't addressed the concerns that CIC has about your relationship.
As others mentioned, you can't just simply submit a new application with the same old relationship evidence, you have to show something different other than just being married longer.
As others mentioned, you can't just simply submit a new application with the same old relationship evidence, you have to show something different other than just being married longer.
