Spousal Sponsorship REFUSAL - help!

[rmurray]

So my MP office isn't proving helpful at all. I sent in all the supporting documents I'd sent to IRCC, and spoke with the office today.

She says she spoke to immigration & they advise I reapply. She just kept reading out their refusal letter of limited evidence, and telling me they advise I reapply.

I told her that wasn't really helpful, as I so obviously met the requirements, and I don't LOGICALLY understand how someone can look at all my evidence and refuse me. 3 pieces of government issued paperwork have us living together long before the requirement, I WAS 4 MONTHS PREGNANT WITH OUR CHILD, I had my letter from a past employer, our midwife, my bank statements showing I sent him money for the mortgage. Not to mention our NOTARISED common law declaration.

I just don't understand. I've said I wanted an explanation WHY that is considered limited evidence and hasn't been accepted.

She started advising me to ask all my neighbours to write me letters, as that can help (with a second application), but it honestly feels like a joke; letters from my elderly neighbours who probably can't even remember when they first saw me at the house, is worth more than my record of employment, and all my tax letters? Like, what?

She said she'd phone them back again, but that immigration "hardly ever reopens cases they refuse". She also said she'd phone other MP offices they work with, and ask around. But I feel like she's not really assisting me other than telling me how it is. I thought she'd be able to argue it with immigration, not just report back they want me to reapply.

I just don't understand. I'm thinking of contacting the appeal board - does the appeal process itself cost money, or is the expense just for legal counsel they advise you get?

I am at the end of my rope here - I can't believe I'm just being told to reapply. I have nothing more official to add to a second application, other than neighbours letters and more letters from other health professionals, that I was suggested to get.

**Edited; She also opened the phone call with "ok but you don't have an open case with immigration, correct?" I'm like, "well, no because it was just refused."
"Ok, well reapply so you have an open file and we'd be able to discuss more with immigration."
I just honestly feel so let down, and disappointed.

 

[YVR123]

I just don't understand. I'm thinking of contacting the appeal board - does the appeal process itself cost money, or is the expense just for legal counsel they advise you get?

Did you order the GCMS notes?

Since you apply inland, there is no appeal process. Get your GCMS notes and find out exactly why they think there isn't enough information to proof your common law relationship (12 month co-habitation with shared finance).

Other possible proofs:
Did your partner update his revenue Canada tax status? Did you make each other beneficiary of insurance (life, work, mortgage...etc). Did he add you to his work as common law partner and you to your work as well? How about having/using joint account to pay off the mortgage.
I personally think you already have a lot of proof. So see if you can find out more from the notes before you re-apply.

 

[rmurray]

Did you order the GCMS notes?

Since you apply inland, there is no appeal process. Get your GCMS notes and find out exactly why they think there isn't enough information to proof your common law relationship (12 month co-habitation with shared finance).

Other possible proofs:
Did your partner update his revenue Canada tax status? Did you make each other beneficiary of insurance (life, work, mortgage...etc). Did he add you to his work as common law partner and you to your work as well? How about having/using joint account to pay off the mortgage.
I personally think you already have a lot of proof. So see if you can find out more from the notes before you re-apply.

Yes, ordered the notes a few days after my refusal.

We've since updated our tax information to have each other as common-law partners, so we could use that. & I'm on his health benefits at work now, too. We don't have any joint accounts or bills, other than our phone bill which I already sent in.

Well shit, there's no appeal for inland? So realistically it's looking like my only option is re-applying, and finding out from my GCMS notes what the hell went wrong, so I can avoid a second refusal?

This is bullshit. No idea how we'll find the extra money for a second application. :'(

 

[Jazzercise]

Yes, ordered the notes a few days after my refusal.

We've since updated our tax information to have each other as common-law partners, so we could use that. & I'm on his health benefits at work now, too. We don't have any joint accounts or bills, other than our phone bill which I already sent in.

Well shit, there's no appeal for inland? So realistically it's looking like my only option is re-applying, and finding out from my GCMS notes what the hell went wrong, so I can avoid a second refusal?

This is bullshit. No idea how we'll find the extra money for a second application. :'(

Given how your MP has been of absolutely no help up to now, it seems as though your only recourse is to reapply as either common-law again or, if you decide to sacrifice your ideal wedding arrangement, married.

And yes, you're right. It is bullshit! Sounds as though you did everything absolutely right. What a nightmare.

Please keep us posted. Hopefully good news somewhere down the road.

 

[scylla]

Yes, ordered the notes a few days after my refusal.

We've since updated our tax information to have each other as common-law partners, so we could use that. & I'm on his health benefits at work now, too. We don't have any joint accounts or bills, other than our phone bill which I already sent in.

Well shit, there's no appeal for inland? So realistically it's looking like my only option is re-applying, and finding out from my GCMS notes what the hell went wrong, so I can avoid a second refusal?

This is bullshit. No idea how we'll find the extra money for a second application. :'(

Did your partner file his 2017 taxes as a single individual or as common law? Hopefully he filed as common law. If he filed as single, that's pretty problematic and he should definitely go back and refile his 2017 tax return as common law. (If you filed in 2017 and filed as single as well, you need to do the same.)

It will be very interesting to see what your case notes say...

 

[rmurray]

Given how your MP has been of absolutely no help up to now, it seems as though your only recourse is to reapply as either common-law again or, if you decide to sacrifice your ideal wedding arrangement, married.

And yes, you're right. It is bullshit! Sounds as though you did everything absolutely right. What a nightmare.

Please keep us posted. Hopefully good news somewhere down the road.

I think we'd apply as common-law again. I'm not getting married without my mum & siblings. Immigration can mess with me, but they can't mess with my wedding, ha.

Did your partner file his 2017 taxes as a single individual or as common law? Hopefully he filed as common law. If he filed as single, that's pretty problematic and he should definitely go back and refile his 2017 tax return as common law. (If you filed in 2017 and filed as single as well, you need to do the same.)

It will be very interesting to see what your case notes say...

I'm pretty sure we filed as common-law, but I'll definitely double check, thank you for pointing that out!

 

[canuck_in_uk]

So my MP office isn't proving helpful at all. I sent in all the supporting documents I'd sent to IRCC, and spoke with the office today.

She says she spoke to immigration & they advise I reapply. She just kept reading out their refusal letter of limited evidence, and telling me they advise I reapply.

I told her that wasn't really helpful, as I so obviously met the requirements, and I don't LOGICALLY understand how someone can look at all my evidence and refuse me. 3 pieces of government issued paperwork have us living together long before the requirement, I WAS 4 MONTHS PREGNANT WITH OUR CHILD, I had my letter from a past employer, our midwife, my bank statements showing I sent him money for the mortgage. Not to mention our NOTARISED common law declaration.

I just don't understand. I've said I wanted an explanation WHY that is considered limited evidence and hasn't been accepted.

She started advising me to ask all my neighbours to write me letters, as that can help (with a second application), but it honestly feels like a joke; letters from my elderly neighbours who probably can't even remember when they first saw me at the house, is worth more than my record of employment, and all my tax letters? Like, what?

She said she'd phone them back again, but that immigration "hardly ever reopens cases they refuse". She also said she'd phone other MP offices they work with, and ask around. But I feel like she's not really assisting me other than telling me how it is. I thought she'd be able to argue it with immigration, not just report back they want me to reapply.

I just don't understand. I'm thinking of contacting the appeal board - does the appeal process itself cost money, or is the expense just for legal counsel they advise you get?

I am at the end of my rope here - I can't believe I'm just being told to reapply. I have nothing more official to add to a second application, other than neighbours letters and more letters from other health professionals, that I was suggested to get.

**Edited; She also opened the phone call with "ok but you don't have an open case with immigration, correct?" I'm like, "well, no because it was just refused."
"Ok, well reapply so you have an open file and we'd be able to discuss more with immigration."
I just honestly feel so let down, and disappointed.

Make an appointment for an in person meeting with the actual MP. You and your partner may need to get a bit forceful to get help. Write the formal complaint letter about IRCC; send it the MP, IRCC, the minister's office, run it up the chain as high as you can and hit everyone in between.

 

[rmurray]

I haven't been able to get through to my MPs office, but I called the Immigration Appeal Department and they said you can appeal Inland Spousal Sponsorships applications, the only requirement is that the sponsor is a Canadian citizen or permanent residence.

So I'm thinking I'm going to appeal it. She said a lot of people do choose to do it without legal counsel (which we really can't afford), and if at a later date I want to seek legal help that's no problem to loop them in.

The MP office said she would call IRCC again, and ask around other offices, but I feel like she's not going to do anything. I will push to meet the MP himself, but at this point, if appealing is an option and doesn't cost anything I might try that route.

I have my work permit until May 2020, so I have a little time to try and appeal it, before reapplying. I'd rather try every single last option before losing out on all the fees for a second application (not to mention the 20years it will age me).

Has anyone had any experience with appeals? If we can do it without legal counsel that eliminates the cost factor.

 

[scylla]

I haven't been able to get through to my MPs office, but I called the Immigration Appeal Department and they said you can appeal Inland Spousal Sponsorships applications, the only requirement is that the sponsor is a Canadian citizen or permanent residence.

So I'm thinking I'm going to appeal it. She said a lot of people do choose to do it without legal counsel (which we really can't afford), and if at a later date I want to seek legal help that's no problem to loop them in.

The MP office said she would call IRCC again, and ask around other offices, but I feel like she's not going to do anything. I will push to meet the MP himself, but at this point, if appealing is an option and doesn't cost anything I might try that route.

I have my work permit until May 2020, so I have a little time to try and appeal it, before reapplying. I'd rather try every single last option before losing out on all the fees for a second application (not to mention the 20years it will age me).

Has anyone had any experience with appeals? If we can do it without legal counsel that eliminates the cost factor.

It's not a regular appeal (you don't have that option with inland). You have to appeal through the Federal Court. This requires a lawyer - you cannot do it on your own.

 

[rmurray]

It's not a regular appeal (you don't have that option with inland). You have to appeal through the Federal Court. This requires a lawyer - you cannot do it on your own.

Well I called Immigration & Refugee board in Vancouver, was put through to Immigration Appeal Department, my first question was "can I appeal for an inland spousal sponsorship refusal?" She said yes, just the sponsor had to be Canadian, I asked if i was required legal counsel, and she said no.

 

[scylla]

Further details about the Federal appeal process:

https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/after-apply-next-steps/refusal-options/federal-court-review.html

Note:

Under Canada’s immigration law, you can ask the Federal Court of Canada to review decisions related to immigration. A lawyer must apply for judicial review on your behalf.

 

[scylla]

Well I called Immigration & Refugee board in Vancouver, was put through to Immigration Appeal Department, my first question was "can I appeal for an inland spousal sponsorship refusal?" She said yes, just the sponsor had to be Canadian, I asked if i was required legal counsel, and she said no.

I would call them back and ask about appeals at the Federal level (not at their level). See the link I provided above. To the best of my knowledge this cannot be done without a lawyer.

I think they weren't listening to your question and answered it as if you were going through the Immigration & Refugee board appeal process (i.e. their process). You won't be going through that process - you'll be appealing to the Federal Court (different process).

 

[rmurray]

I would call them back and ask about appeals at the Federal level (not at their level). See the link I provided above. To the best of my knowledge this cannot be done without a lawyer.

I think they weren't listening to your question and answered it as if you were going through the Immigration & Refugee board appeal process (i.e. their process). You won't be going through that process - you'll be appealing to the Federal Court (different process).

Oh my god, this is such a joke. Is there ANYONE who actually knows what the hell they're doing?

I think the deadline for Federal Appeals is 15 days, and we've passed that.

 

[rmurray]

Ok, so just phoned the Federal Court of Appeals here in Calgary, have been told the deadline for inland spousal sponsorship is 15 days, but when I file the appeal I can ask for an extension. She also said it's not a requirement I have legal counsel.

 

[np08]

Jesus, this whole thing is such a nightmare. I'm so sorry you're going through this and I'm keeping my fingers crossed you get it sorted as soon as possible.