REFUSED RIGHT AFTER THE INTERVIEW

[rathika2011]

MY HUSBAND HAD HIS INTERVIEW NOV 15 IN SRILANKA I WAS ALSO THEIR BUT THE VO NEVER WISH TO TALK WITH ME....THE INTERVIEW WAS FINE MY HUSBAND ANSWERED ALL THE QUESTIONS PERFECT...BUT STILL THE VO REFUSED HIM CAUSE I WAS ON ODSP. SHE SAID THAT THE MONEY I GET FROM ODSP IS ONLY ENOUGH FOR ME AND THAT I CANT SUPPORT HIM AFTER HE COMES TO CANADA... BUT I DONT UNDERSTAND WE CAN SPONSOR WHILE BEING ON ODSP........BUT WE GOT REFUSED STILL ..ANYONE WHO WENT THREW THIS CAN GIVE ME ANY ADVICE. AND SOME GOOD LAWYERS IN TORONTO...HOW LONG IT WILL TAKE...

 

[kuku]

I am sorry to hear that.

the only option is appealing the case. Would you mind sharing your education level ? Sometimes it is useful to convince the VO if the sponsor is not working but one of the spouse's education is good which could be a reason to argue when VO is not convinced about the financial stability.
appealing could take up to few months..Consult a good lawyer and work on that.

Good Luck

 

[PMM]

Hi

MY HUSBAND HAD HIS INTERVIEW NOV 15 IN SRILANKA I WAS ALSO THEIR BUT THE VO NEVER WISH TO TALK WITH ME....THE INTERVIEW WAS FINE MY HUSBAND ANSWERED ALL THE QUESTIONS PERFECT...BUT STILL THE VO REFUSED HIM CAUSE I WAS ON ODSP. SHE SAID THAT THE MONEY I GET FROM ODSP IS ONLY ENOUGH FOR ME AND THAT I CANT SUPPORT HIM AFTER HE COMES TO CANADA... BUT I DONT UNDERSTAND WE CAN SPONSOR WHILE BEING ON ODSP........BUT WE GOT REFUSED STILL ..ANYONE WHO WENT THREW THIS CAN GIVE ME ANY ADVICE. AND SOME GOOD LAWYERS IN TORONTO...HOW LONG IT WILL TAKE...

It would appear that if s/he is refused will be based on the fact that you are on ODSP and that your spouse doesn't have a trade or skill and that s/he doesn't speak either French or English so would have difficulty obtaining employment. So that you both would have no option other than welfare to live.

FRom the Act

Financial reasons

39. A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.

You will have to appeal the refusal, so you are looking at about 12-18 months to get to the hearing.

 

[humpakwatankaylog]

MY HUSBAND HAD HIS INTERVIEW NOV 15 IN SRILANKA I WAS ALSO THEIR BUT THE VO NEVER WISH TO TALK WITH ME....THE INTERVIEW WAS FINE MY HUSBAND ANSWERED ALL THE QUESTIONS PERFECT...BUT STILL THE VO REFUSED HIM CAUSE I WAS ON ODSP. SHE SAID THAT THE MONEY I GET FROM ODSP IS ONLY ENOUGH FOR ME AND THAT I CANT SUPPORT HIM AFTER HE COMES TO CANADA... BUT I DONT UNDERSTAND WE CAN SPONSOR WHILE BEING ON ODSP........BUT WE GOT REFUSED STILL ..ANYONE WHO WENT THREW THIS CAN GIVE ME ANY ADVICE. AND SOME GOOD LAWYERS IN TORONTO...HOW LONG IT WILL TAKE...

They can refuse if they believe you will not be able to support husband or he will not be able to get a job for whatever reason (lack of education, ability to speak english etc) and you are also not able to support. It seems like the VO had his mind made up even before the interview. Interview was probably just a formality to give it procedural fairness to explain further to see if it will change the VO's mind. It seems like it didnt work in your case.


I know a relatieve who was able to sponsor but was also refused for not being able to support the husband when he comes to Canada. She then had to leave her studies and start full time work in order to show that she could support him and then she won the appeal .

 

[rathika2011]

HI GUYS THANKS ALL YOU FOR UR REPLY.......I WAS ON ODSP CAUSE I HAD SOME SERIOUS INJURIES FROM THE PAST. ME AND HUSBAND HAD THE SAME EDUCATION LEVEL WHICH IS GRADE 12.........HE HAD THE INTERVIEW IN ENGLISH AND HE IS A BUSINESS MAN HE HAS A BUSNIESS HERE IN SRILANKA AND HAVE A CERTIFICATE IN 3D AMINATION AND AROMA THERAPHY AS WELL.........HE CAN SUPPORT ME..AND HE SPEAK VERY GOOD ENGLISH

 

[humpakwatankaylog]

HI GUYS THANKS ALL YOU FOR UR REPLY.......I WAS ON ODSP CAUSE I HAD SOME SERIOUS INJURIES FROM THE PAST. ME AND HUSBAND HAD THE SAME EDUCATION LEVEL WHICH IS GRADE 12.........HE HAD THE INTERVIEW IN ENGLISH AND HE IS A BUSINESS MAN HE HAS A BUSNIESS HERE IN SRILANKA AND HAVE A CERTIFICATE IN 3D AMINATION AND AROMA THERAPHY AS WELL.........HE CAN SUPPORT ME..AND HE SPEAK VERY GOOD ENGLISH

In that case you have good strong grounds to win the appeal. Order caips/gcms to see what reasons the VO gave for believing that he/you will not be able to support once in Canada. Good luck with the appeal and I would suggest David Cohen and there are couple others as well that I cant recall off the top of my head.

 

[kuku]

HI GUYS THANKS ALL YOU FOR UR REPLY.......I WAS ON ODSP CAUSE I HAD SOME SERIOUS INJURIES FROM THE PAST. ME AND HUSBAND HAD THE SAME EDUCATION LEVEL WHICH IS GRADE 12.........HE HAD THE INTERVIEW IN ENGLISH AND HE IS A BUSINESS MAN HE HAS A BUSNIESS HERE IN SRILANKA AND HAVE A CERTIFICATE IN 3D AMINATION AND AROMA THERAPHY AS WELL.........HE CAN SUPPORT ME..AND HE SPEAK VERY GOOD ENGLISH

I believe the reason was not only ODSP but also an education level. No offense intended but they would like to see how will you both support yourselves as none of you are going to make money atleast for few months after he lands here ( If he is lucky enough to get a job in a short time).. Doing business in home country wont help much as it is not going to be considered here.

Not trying to disappoint you here. I wish you get a positive response on appeal. Order CAIPS notes in order to know the reason for refusal. Work hard , hire a good attorney. You will be good to go.

 

[Harisha]

i am really sorry to hear that. Now days its too hard to get the visa. My husband visa was refused on March,2011 because he couldnot submit the Malaysian police clerarance at that time.

So I had appealed and I got the Adr hearing on Sep 14, 2011. Now they re open my file in Sri Lanka. But they didnot send any letter to request to re do the medical or police clearance. I do not know how long its going to take to get the visa?

I am so upsed and sad because i got married in january 2009, still i couldnot go and see my husband because of my mom health condition.

Don't worry u will won the appeal. You have to wait atleast 6 months to get the hearing date. my lawyer is Robert Blansky.

 

[canadianwoman]

HI GUYS THANKS ALL YOU FOR UR REPLY.......I WAS ON ODSP CAUSE I HAD SOME SERIOUS INJURIES FROM THE PAST. ME AND HUSBAND HAD THE SAME EDUCATION LEVEL WHICH IS GRADE 12.........HE HAD THE INTERVIEW IN ENGLISH AND HE IS A BUSINESS MAN HE HAS A BUSNIESS HERE IN SRILANKA AND HAVE A CERTIFICATE IN 3D AMINATION AND AROMA THERAPHY AS WELL.........HE CAN SUPPORT ME..AND HE SPEAK VERY GOOD ENGLISH

You should appeal. Continue with gathering evidence that your relationship is genuine - i.e., document all your communication and any trips taken to see each other. (Because they might question the bona fides of the relationship later.)
Then try to gather evidence showing that you and he will be able to support yourselves once he arrives in Canada. Show proof of his education, English ability, and business skills. He should try to save as much money as possible - proof of his savings can be used to show the appeal court that you can support yourselves while he looks for a job or business opportunity in Canada. He could try looking for a job in Canada as well, though that will be difficult before he arrives.
Get the CAIPS/GCMS notes to see what the visa officer thought were the main problems. Then try to address each of these issues.

 

[rathika2011]

hi guys thanks to all of u for ur replies and advices.......yes i am going to appeal their is no way i will give up cause i love my husband so much ...i would fight this till the end cause i want to be with my husband even after appealing if they say no a bad decision ..even then i my self or my husband not gona give up.. i will be moving back to srilanka and be with him i dont care about where i live as long as i live with my husband ..the only reason is that life would be better for both us if we are in canada but.. if canada government dont want my husband to be their in canada with me its also fine cause i will give up anything in my life for my husband...i was very upset with the result after the interview..but everything happens for a reason..as far as i know we have 1 more chance of appealing i will wait for that date to come ...if nothing changes then i will be changing my life and move back with my hubby.....but i want to thank everyone for their comments on this ....

 

[456987]

Dont worry and hang in there. I'll pray for you.....

 

[Lemondrop78]

I thought the income of the spouse who is sponsoring didn't matter as long you stated how you were going to financially get on track after being sponsored over. I am wondering cause i have been unemployed for 6 years now and stay at home mom. My husband is the provider for our family right now. If he gets granted residency in Canada, then when we move we will both look for a job while my parents watch our littlest child. The other 2 will go to school. So how come you were refused? is it cause of the disability you were getting from the government?

 

[rajsitha]

Hi rathika...very sorry to know the rejection of your husbands file.
my son has also have sponcerd his wife amd right now he just got laid off
his application went to Colombo in august....we here know how hurt you are..
sorry

 

[rathika2011]

thanks 4 ur reply Lemondrop78 well being on odsp they say that we are allowed to sponsor but on the interview letter they mainly said about bring proof of comminication and photos. etc, nothing about being on odsp so we were'nt prepared 4 the refusal on that base...i'm going to see the lawyer tomorrow and see what happens..i just back last night from srilanka i was with my husband i already miss him..dont know how long i have to wait more...

thanks rajsitha yes it does hurt alot but i know that no matter what happens we will never leave each other...good luck with ur son's sponsor keep me updated..

 

[Lemondrop78]

Did they tell you you were refused because of the disability payments? I hope it works out for you!