reapply
- Thread starter mehitu
- Start date
RobsLuv
Champion Member
- Jul 14, 2008
- 1,837
- 128
- 125
- Category........
- Visa Office......
- Buffalo
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- Original:14Mar2007; Reprocess began after appeal:26Apr2010
- Doc's Request.
- Original:9May'07; Reprocess:7May'10
- AOR Received.
- Original:28Apr'07; Reprocess:26Apr'10
- File Transfer...
- n/a
- Med's Request
- Reprocessing:7May2010
- Med's Done....
- Jun2010
- Interview........
- n/a
- Passport Req..
- 30Nov2010!!
- VISA ISSUED...
- 31Dec2010!!
- LANDED..........
- 31Jan2011
You mentioned in your other thread that the officer assessing your application to sponsor your wife did not believe that the relationship was "genuine". That means that s/he was not convinced that your wife did not just enter into relationship with you in order to get into Canada. The fact that an appeal panel upheld that decision is a pretty strong indication that the two of you were unable to provide anything that proved otherwise. Unless you were completely unaware of what it means to prove a "genuine relationship" when you submitted the first application, and when you were preparing for the appeal . . . chances are a new application would be refused for the same reason. You can reapply - and they will reassess - but proving your genuine relationship involves being able to document how you met, how the relationship developed, that it is ongoing with substantial contact between you, etc. If you couldn't/didn't do that before, how will you do it now?
Did you have an attorney represent you in your appeal? If so, I would think the attorney should have helped you understand your "burden of proof" - and if you couldn't provide enough evidence during appeal to even have it allowed on humanitarian and compassionate grounds, I would expect another refusal if you re-apply right away. If this really is a genuine relationship, give it some time. When you can supply the evidences you need to support the relationship, then reapply.
You asked in your other thread whether you and your wife could reapply inland if she came to Canada on a visit visa. Not advised. First of all, chances are that she will not be able to get a visit visa at this point in time because of the failed attempt to get permanent residence. Secondly, the inland process requires the same evidences of a "genuine relationship" that the outland process does - it's not easier to get around that requirement just because someone applies inland. And, if she was to get into Canada and apply inland, and that application failed also, she'd be compelled to leave Canada immediately - no chance of appeal on an inland ap.
If you really are a genuine couple, your best friend is time . . . spend time together, collect your supporting evidences along the way, and in a year or so (when you're better prepared with the proofs you need) reapply outland with a stronger application and hope for the best. At that point they will be able to see that, in spite of the refusal, you guys have maintained your relationship and that will count a lot towards proving its about more than just her getting into Canada.
Did you have an attorney represent you in your appeal? If so, I would think the attorney should have helped you understand your "burden of proof" - and if you couldn't provide enough evidence during appeal to even have it allowed on humanitarian and compassionate grounds, I would expect another refusal if you re-apply right away. If this really is a genuine relationship, give it some time. When you can supply the evidences you need to support the relationship, then reapply.
You asked in your other thread whether you and your wife could reapply inland if she came to Canada on a visit visa. Not advised. First of all, chances are that she will not be able to get a visit visa at this point in time because of the failed attempt to get permanent residence. Secondly, the inland process requires the same evidences of a "genuine relationship" that the outland process does - it's not easier to get around that requirement just because someone applies inland. And, if she was to get into Canada and apply inland, and that application failed also, she'd be compelled to leave Canada immediately - no chance of appeal on an inland ap.
If you really are a genuine couple, your best friend is time . . . spend time together, collect your supporting evidences along the way, and in a year or so (when you're better prepared with the proofs you need) reapply outland with a stronger application and hope for the best. At that point they will be able to see that, in spite of the refusal, you guys have maintained your relationship and that will count a lot towards proving its about more than just her getting into Canada.