Permanent Residence Visa Denied

[Ben54321]

Hello everybody,

the permanent residence visa of a friend of mine (cuban) was denied. The embassy said, that they dont believe in the relationship, because of the age difference.

What are the possibilities now? And does anybody has experience how long it can take or is there any limitation of time until when you have to get the Visa?

I have heard that if you go to court it takes between 8 or 12 months. But its only rumors i have no sure informations.

I hope you can help me.
Thank you very much and sorry for my poor english.

 

[RobsLuv]

The sponsor can appeal the refusal as long as the application was an "outland application", processed overseas. The sponsor will get information with the letter they receive about the refusal - they have 30 days after they receive the letter to send in their appeal request. After that, it's a waiting game. Typically it takes 90-120 days for the visa office to send the "Appeal Record" to the Immigration Appeal Division (IAD) so that they can schedule a hearing date. It's the general consensus that the sponsor does not need to retain an attorney until they have received the Appeal Record - at that point, sometimes they'll also receive a request for submissions and evidence. This is to help the IAD decide whether the case qualifies for what's called an Alternative Dispute Resolution hearing - it's sort of a mediation where they try to settle the case without it having to go to a full hearing. A lawyer should help the sponsor with the submissions and evidence in order to present a strong case.

In our case it took 11 months from the time we received the refusal to our ADR hearing. IF the ADR fails, as it did in our case, the sponsor has the right to request a full appeal hearing or drop the appeal. It typically takes at least another year to get a full hearing date. After the full hearing - if the appeal is allowed - the case then goes back to the visa office that originally processed it for re-processing. So far, for us that timeline has been 90 days from the time the appeal was allowed and we still haven't heard from the visa office that they have the file - but indications are (eCAS status activated) that maybe they've now received it. Another person I know of whose case is being processed at another visa office, and whose appeal was allowed around the same time ours was, saw their eCAS reactivated a month ago, but they've still not heard anything from the processing office.

So - unfortunately, once a case is refused, it's a long wait to get things back on track.

 

[Morena]

I was going to ask the same question about the age and if they are legally married. I wonder how relevant the age ia a "matter" for inmigration.

 

[Ben54321]

Thank you very much for your fast answers....

The age difference is 35 years and they are legally married....

Is their any rule how long the maximum of time can take until they get visa? Or any worst cases known?

Germany for example has a law, that its not allowed that the process takes more than 3 years.

If i understand you correct, in Canada the medium is about 1,5 years from the point of the denied visa until the arriving in Canada?

Thank you very much again!

 

[PMM]

Hi

Thank you very much for your fast answers....

The age difference is 35 years and they are legally married....

Is their any rule how long the maximum of time can take until they get visa? Or any worst cases known?

Germany for example has a law, that its not allowed that the process takes more than 3 years.

If i understand you correct, in Canada the medium is about 1,5 years from the point of the denied visa until the arriving in Canada?

Thank you very much again!

No there is no time limit. You friend has to win at the Appeal Division before any visa would be issued.

 

[Ben54321]

Thank you for your fast answers.

Has anyone else experience how long it takes until the embassy denied the visa?

And is it usual that the first ADR hearing fails?

 

[Ben54321]

Is it usual, that the first ADR hearing fails after the Embassy denied the Visa?

 

[boyee6576]

I am 11 years older than my husband but that was not one of the reasons for our refusal. Our application was refused on April 16, 2009 we had our ADR meeting for our appeal on March 16,2010 and we won that appeal. When your friend does his/her appeal they will have to really gather information and prove their case that they are in a genuine loving relationship and deserve and need to be together. We got letters from relatives and friends that could speak about our relationship, phone bills, chat logs, love letters no matter how personal. They need to see that your friend and his wife are truely a couple. When they finally do get the interview for the appeal you need to be very prepared. The meeting is only and hour and the decision is made right at the meeting, no waiting. If your friend wins his appeal great, your visa application will continue processing. If not then you go to a hearing and that is something you need a lawyer for. So its really good to be extremely prepare if your friends case goes to ADR ( which is mediation really) be extremely prepared. If they can speak about their relationship without hesitation and confidence and can have explanations for the reasons they have stated on the refusal letter then its pretty good chance they will win their appeal. Good luck

 

[lizzylou]

I am 11 years older than my husband but that was not one of the reasons for our refusal. Our application was refused on April 16, 2009 we had our ADR meeting for our appeal on March 16,2010 and we won that appeal. When your friend does his/her appeal they will have to really gather information and prove their case that they are in a genuine loving relationship and deserve and need to be together. We got letters from relatives and friends that could speak about our relationship, phone bills, chat logs, love letters no matter how personal. They need to see that your friend and his wife are truely a couple. When they finally do get the interview for the appeal you need to be very prepared. The meeting is only and hour and the decision is made right at the meeting, no waiting. If your friend wins his appeal great, your visa application will continue processing. If not then you go to a hearing and that is something you need a lawyer for. So its really good to be extremely prepare if your friends case goes to ADR ( which is mediation really) be extremely prepared. If they can speak about their relationship without hesitation and confidence and can have explanations for the reasons they have stated on the refusal letter then its pretty good chance they will win their appeal. Good luck

 

[Rocky636]

Hey Boyee, i am also going submit my file in New Delhi.

we have 14 year age gap she older then me and white girl.

as we have 2 years daily basis email record and gifts card plus skype talk recodes
what do u think it will be very hard or will be work?

 

[boyee6576]

Hi.. I have quite a long story I will message you my email and I will try and help you as much as possible

 

[Rocky636]

Thanks you boyee
here is my id if u can send email so i can get some help to u as u already faced that rude kind of IO

rocky_hello2002@yahoo.com

 

[lizzylou]

Hi everyone!
I have a question about the ADR conference... who exactly is required to attend, is it both parties or just the sponsor ?

 

[boyee6576]

I had ADR. There is you and your councel if you so choose, the lawyer for the Minister of Immigration, and the Dispute Resolution Officer who acts as a mediator. Thats it. Its only and hour long at the most and you are given your decision at the meeting.

 

[Amir Shuval]

I regularly represent clients at the IRB on 74 Victoria Street in Downtown Toronto.

In the ADR conference it is up to the sponsor to convince minister counsel to consent to the appeal.

Many times the minister counsel believes that although the sponsor is credible, having both sponsor and applicant under oath/affirmation is required , and they simply cannot consent at the ADR level.

The minister counsel, normally, try to give the sponsor a fair chance to make the case. But sometimes the case is scheduled for an ADR and I can tell no consent will be given. The minister counsel has to go through the motions but the case is so bad , I can tell the minister counsel, from the get go, was in the opinion the matter cannot be resolved at an ADR. Sometime the sponsor is fronted with some hard facts about addresses, dates, and such that cannot be explained and he or she loses all credibility 5 minutes into the ADR. I had ADR which lasted 5-10 minutes. The client did not advice/lied to me about certain issues and got completely exposed 3-4 minutes into the ADR. One more question and the minister counsel tell me she or he won't waste any more time sitting there.