regarding spousal appeal

[deplix]

Ratings: +0

regarding spousal appeal
« on: August 23, 2013, 12:59:06 pm » Quote Modify Remove

--------------------------------------------------------------------------------

I will really appreciate if someone can help me i am so upset
here is case

me and my ex husband came here in canada together as skilled worker i was dependent spouse on application after landing here we dont have kids with 10 years relationship he gave me divorce within 5 month after landing
after 3 year i got marriage to another guy i have kid with that person i applied immigration for my husband and vo refuse under section 117 and said divorce been effective after marriage so your husband is not a member of family class

what option i have? what can i do?
its best to get remarry with same person and file appeal
who many chances to win appeal
please i need expert advice as i am so upset
i really appreciate if someone can help me.
now lawyer advice me to go for remarry with same person and bring marriage certificate and file appeal
who its works
?
there is any chace of winning appeal?

 

[canadianwoman]

I would remarry. Send in the proof of the remarriage to the Immigration Appeal Board that is looking after your appeal, and to the Canada Border Services Agency. They may decide to allow the appeal based on the documents submitted, or at least give you an ADR. I suggest you use a lawyer for this.
There is one forum member with the same situation, and after remarrying, they were able to get the PR visa.

 

[PMM]

Hi

I would remarry. Send in the proof of the remarriage to the Immigration Appeal Board that is looking after your appeal, and to the Canada Border Services Agency. They may decide to allow the appeal based on the documents submitted, or at least give you an ADR. I suggest you use a lawyer for this.
There is one forum member with the same situation, and after remarrying, they were able to get the PR visa.

1. It is not clear from the OP post, but if they were divorced in Canada within 5 months of "landing" the divorce would not be legal in Canada, as they would not have been separated for 1 year.

 

[zardoz]

I read it, bearing in mind that English is obviously not the OP's first language, that he started to divorce her 5 months after landing. Given that she states that it was 3 years later that she remarried, that would certainly allow time for the process to complete. For cruelty or adultery of course, there is no minimum wait period but she didn't offer the cause.

If the OP would give the EXACT wording from the refusal, it might help.

It doesn't help that she asked the exact same question in six different places on the forum, thereby fragmenting any reply sequences. Having looked back over all her previous posts, I see that there is a bit of a saga here. Not really sure what to make of it.

 

[deplix]

sponsor or the foreign national was at the time of their marriage, the spouse of another person.


I have reviewed your application .you have provided a divorce deed as a proof of divorce for your sponsors previous relationship. your sponsors first husband made a divorce deed on 11 december 2007 to terminate the marriage entered into with your sponsor on 1999 the deed was only received by the Arbitration council in November 2010. the divorce would therfore have come into effect at later date. when you married your sponsor on jan 2010 your sponsor was not in paksitani or canadian law, free to marry you as a result, i have determined that you are not a member of the family class.

Please any one help me whats option for me if i appeal. Chance to winnig appeal and what kind of documents i need to proof.
I am waiting your reply.

 

[zardoz]

It's all much clearer now. Due to a procedural error they don't consider you legally married.
If that's the case, you could (re-)marry your "husband" but I don't know if that would be enough to win an appeal. Maybe consult a lawyer?

 

[deplix]

Hi ,
thanx for replying me i just want to know after remarrying how much chance to win appeal? or its another sponsership application which option is best for that. i am waiting of your reply thanx
please give me any suggestion who i can solve my problem.

 

[MilesAway]

Please keep your posts to one thread. Don't start a new thread every 10 minutes, it makes it very difficult to help you.

I don't believe that re-marrying would help you win an appeal, as the issue wasn't the relationship, but the validity of the marriage. You weren't legally married, so therefore you didn't qualify under family class. I would suggest applying again, this time with a legally valid marriage.

I would recommend talking to a lawyer, to make sure that everything is legal and to get the best course of action.

 

[Betina]

deplix - how many applications for PR did you have until now? I see from your posts that you applied through the Skilled Worker, then Provincial Nomination Program and now you say you want to appeal a Family Class application.

Also from what you have written in the last years I understand you appealed the refusal under Family Class almost 2 years ago.

I applied my spousal appeal in vancouver office in december anybody know how long vancouver office take to deal appeal cases
please share with me i am so upset how long it will take me
thanx

Also it seems the refusal you now speak of happened somewhere in 2011, so you've known about the lack of validity of the marriage for 2 years. Why didn't you remarry until now?

Hi ,
Everone please i am in big trouble and i hoping some expert help me urgent

i got merry in may2009 at that time i have my divorce deed one i apply immigration someone told me u need arbitration council certificate so i apply that which they register on december 2009 and i submitt application now they saend me refusal because i was not free to merry because arbitration council say date of divorce affected december 2009 and u merry may 2009 they give me chance for appeal i am in pakistan now please help me which option good for me i will go for appeal or remerry and reapply but who i can remerry i have also one baby girl all function done in may 2009 please help me regarding this case i really thank ful u guys

I don't get what advice you're looking for. Have you, until now, spoken to an immigration lawyer?

 

[Tomorrow never dies]

Ratings: +0

regarding spousal appeal
« on: August 23, 2013, 12:59:06 pm » Quote Modify Remove

--------------------------------------------------------------------------------

I will really appreciate if someone can help me i am so upset
here is case

me and my ex husband came here in canada together as skilled worker i was dependent spouse on application after landing here we dont have kids with 10 years relationship he gave me divorce within 5 month after landing
after 3 year i got marriage to another guy i have kid with that person i applied immigration for my husband and vo refuse under section 117 and said divorce been effective after marriage so your husband is not a member of family class

what option i have? what can i do?
its best to get remarry with same person and file appeal
who many chances to win appeal
please i need expert advice as i am so upset
i really appreciate if someone can help me.
now lawyer advice me to go for remarry with same person and bring marriage certificate and file appeal
who its works
?
there is any chace of winning appeal?

if your husband divorced was not effective at the time of marriage so you guyz are not family class member as per VO said so hes is right, if you go in appeal more chances you wont win appeal and appeal takes time to decision, it would be better for you to re-marry and apply again to save your time, if the person who is getting marry he/she divorced must be effective or registered in Union Council before you get married and Union Council always issue you a divorce certificate showing your date of divorced and if divorced wouldnt registered in Union Council at the time of marriage then you wont be able to re-marry. Hope it helps