Permanet Residence application refused

[baz1941]

I am married to a Canadian wife. I am a UK citizen, in the UK at the moment. We submitted sponsorship/permanent residence paperwork to Missisauga in April 2010. Her sponsorship was accepted and my file was transferred to the High Commission in the UK in July 2010 for further assessment. On the 16th March this year I was informed that my application had been refused!!!
My wife has received paperwork for an appeal with 30 day cut off period (18th April 2011). We have been informed that it could take many many months for an appeal to be heard, then without much success. We have ben informed from an 'expert' that it would be quicker and cost less if we submit a 'new' application.
Has anyone got any information they could help us with or any advice would be most welcome.
Thanks

 

[scylla]

So sorry to hear this!

Do you know specifically why you were refused?

 

[missmini]

i'm sorry

were u refused without even an interview? if u had an interview what happened there?

there's a thread on this forum only about appeals...if u make a search i'm sure u'll find it...

some people say that even if u re-apply if u submit similar proof and ur situation does not change much their answer will b the same...others disagree...yes an appeal could take long time but if it's well prepared maybe it's worth to try

 

[Material]

Hey

If you like reading than I would suggest reading the different cases where appeals were required on the following link :

http://www.canlii.org/eliisa/search.do?language=en&searchTitle=Search+all+CanLII+Databases&searchPage=eliisa%2FmainPageSearch.vm&text=genuine+marriage+interview&id=&startDate=&endDate=&legislation=legislation&caselaw=courts&boardTribunal=tribunals

You can see many cases where appeals have been won and lost.

Good luck

 

[RobsLuv]

The important thing is why your application was refused. Typically a spousal application is refused for one of two reasons: they don't believe the relationship is "genuine" - in other words, you did not provide enough proof with the application supporting your relationship and they assume that you are only in it to get into Canada, but normally they will invite you to attend an interview first, before refusing for that reason. The second reason for refusal is that the applicant (or an accompanying family member) is medically or criminally inadmissible to Canada. Spousal applicants and their dependent family members are excessive medical demand exempt - except in cases where an illness poses a threat to Canadian public health and safety. So, in most cases, refusal of a spousal ap for inadmissibility is about a criminal conviction - sometimes one which the applicant felt was totally insignificant or a "mistake" made when young and stupid. When Immigration Canada gets involved, though, those things come back to bite.

So - again - everything depends on the reason for the refusal. If you simply didn't realize the need to provide supporting evidence of your "genuine" relationship, you may want to just start over again and be more prepared on a new application. If you did provide lots of proof, and you even had an interview, and they still didn't believe you were "genuine", an appeal would be the way to go - because in an appeal, humanitarian and compassionate discretion can be applied where a lack of solid evidence exists. If you are somehow criminally inadmissible to Canada, that's a bigger issue. The particulars of your case would have to be examined by someone qualified to make a recommendation in regards to whether or not you are at a point where you'd be eligible to apply for Rehabilitated status - and then file a new PR application; or if the situation was such that they might consent to allow an appeal on humanitarian and compassionate grounds. It's not a science - the particulars in such case would have to be carefully considered. My immediate advice - either way - would be this: have your wife fill out and submit the request for appeal. It does not lock her into that avenue - it simply preserves the option and gives the two of you time to consult with someone and decide how to move forward.

Again, for our purposes here, we really need to know what paragraph of the IRPA was cited in support of your refusal, and on what grounds. That will help us try to help you figure out how to move forward. Also, if you tell us which province your wife is in, we can tell which IAD office would handle her appeal and give you a general idea of how long to expect it would take. Having been through this myself, I feel your pain. But all is not lost. I disagree, to some extent (again, dependent on the reason for the refusal) with what you've been told about there not being much chance of success with an appeal. Most spousal appeals are, actually, allowed because of humanitarian and compassionate discretion. Again, it really depends on the reason for refusal. Feel free to PM me if you want your reason for refusal to remain private.

 

[rjessome]

Robsluv is right. The reasons for refusal are EVERYTHING.

If you apply again and haven't overcome the original reasons for refusal, you will be refused again based on res judicata (already decided).

So more detail is necessary.

 

[baz1941]

Thanks everyone who replied, especially "Robs Luv".
The letter from immigration at the High Commission here in London UK says, "I have now completed the assessment of your application for permanent residence visa as a memeber of the Family Class. I have determined that you do not meet the requirements for immigration to Canada."
Immigration then quote various Subsections 12(1), Section 117(1), and Section 4.
At the end of the letter they sum up by saying, "Having reviewed all the information provided, including your latest submission, I am not satisified that your relationhip is conjugal and meets the requirements of the act."
I do not have a police record in the uk, having submitted a police certificate stating "None".
I have no police record either, in Canada. My medical was ok, and I have no medical problems.
I purchased an apartment in Canada, purchased a car, and all brand new furniture for our apartment. My wife lives in that apartment now, in Surrey, BC.
If my wife and I decided to submit an appeal does anyone know how long it will be before there is a hearing? Again any further help from anyone who has experienced any of this?
Thanks.

 

[Material]

I am not satisified that your relationhip is conjugal and meets the requirements of the act."

Your are leagally married right ?? why did you apply as conjugal I think you made a mistake you should have applied under the spousal catogory not conjugal ??
This is what conjugal means :
conjugal partner (not married nor common-law; by some very specific reasons u did not manage to get married or live together (strong and serious reasons like war, visa requirements, etc))I think thats the reason why your application was refused u shouldnt go further with the appeal you should submit a new application under the spousal catogory not conjugal by reading your post either you made a mistake while filling the app or the visa office made a mistake with processing your app ( which is highly unlikely)

The following can be found on this link :
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#conjugal

Conjugal partner
This category is for partners—either of the opposite sex or same sex—in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.

A conjugal relationship is more than a physical relationship. It means you depend on each other, there is some permanence to the relationship and there is the same level of commitment as a marriage or a common-law relationship.

You may apply as a conjugal partner if:

you have maintained a conjugal relationship with your sponsor for at least one year and you have been prevented from living together or marrying because of:
an immigration barrier
your marital status (for example, you are married to someone else and living in a country where divorce is not possible) or
your sexual orientation (for example, you are in a same-sex relationship and same-sex marriage is not permitted where you live)
you can provide evidence there was a reason you could not live together (for example, you were refused long-term stays in each other's country).

You should not apply as a conjugal partner if:

You could have lived together but chose not to. This shows that you did not have the level of commitment required for a conjugal relationship. (For example, one of you may not have wanted to give up a job or a course of study, or your relationship was not yet at the point where you were ready to live together.)
You cannot provide evidence there was a reason that kept you from living together.
You are engaged to be married. In this case, you should either apply as a spouse once the marriage has taken place or apply as a common-law partner if you have lived together continuously for at least 12 months.

 

[scylla]

I agree with Material.

I would re-apply via either the common law or married route. Appealing the conjugal application will likely lead to another refusal since you really don't qualify under this category.

 

[baz1941]

Thank you to everyone who has replied to me.
Just to clarify because I think that there may be confusion from some of the answers I have received.
Firstly I am married to my wife. The marriage took place legally with a marriage commissioner in Delta BC in 2005, with guests attending. After attending to business needs in the UK, I moved to Canada to be with my wife.To show immigration that my marriage was NOT a "marriage of convenience", I purchased an apartment, and furniture, and my wife and I lived there. We decided that it would be better for us to submit sponsor/PR paperwork from "Without Canada", as we were informed it would be much quicker. The paperwork was filled out in the Family Class as a sponsor sponsoring a spouse. In fact our wedding certificate was included in the submission together with wedding/reception photos etc.
Hope this clarifies.

 

[rjessome]

ALL relationships in the spousal/CL/Conjugal category of the family class must be conjugal. It's just that they also have a particular type of application for those that are ONLY conjugal. Easy definition of conjugal is "marriage like" but to expand further it means sharing your life in a physical, financial and intimate way. So if you are in a bona fide marriage, it IS a conjugal relationship.

They don't believe your marriage is genuine. Were you interviewed?

 

[Patricksgirls]

Perhaps this was a mistake on the CIC? If you filed under married spouse then there should be no conjugal even mentioned in the letter

 

[rjessome]

Perhaps this was a mistake on the CIC? If you filed under married spouse then there should be no conjugal even mentioned in the letter

Not true. All genuine relationships in this category MUST be conjugal as well.

 

[Material]

ALL relationships in the spousal/CL/Conjugal category of the family class must be conjugal. It's just that they also have a particular type of application for those that are ONLY conjugal. Easy definition of conjugal is "marriage like" but to expand further it means sharing your life in a physical, financial and intimate way. So if you are in a bona fide marriage, it IS a conjugal relationship.

They don't believe your marriage is genuine. Were you interviewed?

Hmmm this is interesting ... so this (At the end of the letter they sum up by saying, "Having reviewed all the information provided, including your latest submission, I am not satisified that your relationhip is conjugal and meets the requirements of the act) doesnt mean that they assessed it as a conjugal relationship ?

I have read such cases where they say the relationship not genuin instead of saying that (not satisified that your relationhip is conjugal )

WEIRD.... read and learn I guess

 

[rjessome]

Hmmm this is interesting ... so this (At the end of the letter they sum up by saying, "Having reviewed all the information provided, including your latest submission, I am not satisified that your relationhip is conjugal and meets the requirements of the act) doesnt mean that they assessed it as a conjugal relationship ?

I have read such cases where they say the relationship not genuin instead of saying that (not satisified that your relationhip is conjugal )

That's just semantics. The VO is using a different (but correct) word to say the same thing. But I totally see why this would be confusing. Sigh. CIC says this is so easy yet they confuse everybody themselves! Anyway, See OP Manual 2, page 20, section 5.25:

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

I think this paragraph says it best as far as what I mean about ALL of these relationships being conjugal:

Persons in a conjugal relationship have made a significant commitment to one another. A married
couple makes the commitment publicly at a specific point in time via their marriage vows and
ceremony, and the marriage certificate and registration is a record of that commitment. In a
common-law or conjugal partner relationship, there is not necessarily a single point in time at
which a commitment is made, and there is no one legal document attesting to the commitment.
Instead, there is the passage of time together, the building of intimacy and emotional ties and the
accumulation of other types of evidence, such as naming one another as beneficiaries of
insurance policies or estates, joint ownership of possessions, joint decision-making with
consequences for one partner affecting the other, and financial support of one another (joint
expenses or sharing of income, etc. When taken together, these facts indicate that the couple has
come to a similar point as that of a married couple – there is significant commitment and mutual
interdependence in a monogamous relationship of some permanence.