spouse visa rejection. HELP!!

[nehakhan]

Hi
My husband (canadian citizen) sponsored me about 2 years ago. He got approved as a sponsor but in the first 6 months of the application, our marriage was rocky and I emailed cic and told them to hold the application. About a year ago upon email from cic, I unpaused the application. In september I got a call for an interview with the immigration officer. In December I went on the interview by myself as my husband wad overseas. The immigration officer was rude and kind of a bully. My husband was overseas at the time so he couldn't make it. The officer advised me to withdraw the application and reapply in 6 months as she believed my marriage was genuine but I wasn't ready to move and we did not send any supporting docs . Eventually the application was rejected 2 weeks ago. Now to appeal or reappy?

 

[mikeymyke]

You need to give more details. If he believed the marriage was genuine, as long as he didn't determine you were marrying for PR, then you shouldn't be refused.

 

[nehakhan]

At interview I told her I was planning on migrating to canada in 12 months after I have a baby in australia. Apparently my husband doesn't meet the criteria for R130 (2) that he will reside in canada once I get pr. I told her we would both go and live in canada. She was just rude and abrupt and told me I only had 2 options : either get the application rejected or ask my sponsor to withdraw and then reapply in 6 months. She had made up her mind when she called me for an interview. Additionally we also did not send any documents I.e. marriage certificate or evidences. We thought we would be asked for all of these. At the interview she wasn't even interested in looking at photos of us.

 

[Becki567]

You need to give more details. If he believed the marriage was genuine, as long as he didn't determine you were marrying for PR, then you shouldn't be refused.

not true, you also need to prove intent to reside in Canada

 

[nehakhan]

We did give intention. I advised the immigration officer that my husband has a house there. I'm thinking that maybe we should appeal?

 

[Rob_TO]

At interview I told her I was planning on migrating to canada in 12 months

To get approved for PR, you need to show intent you will move to Canada as soon as you get PR approved. By saying you don't intend to move until 12 months later, the visa officer seems justified in telling you to wait 6 months to apply again, and it has nothing to do with genuineness of relationship.

I wouldn't bother appealing. Just apply again in 6 months. If you plan to stay in Australia for another year anyways I don't see what the problem is as that will get you PR right around the time you actually intend to move here.

 

[nehakhan]

Did she say to reapply in 6 months because there is a cooling period? Or just wait until I'm ready?

 

[Rob_TO]

Did she say to reapply in 6 months because there is a cooling period? Or just wait until I'm ready?

Most likely because you told her you don't plan on actually moving to Canada till 12 months later. If you have no intention to move to Canada upon getting PR, then the VO is right to reject you.

Applying in 6 months, will get you PR around the time you are actually ready to move to Canada

 

[mikeymyke]

not true, you also need to prove intent to reside in Canada

I was only reading her first post, she only said her husband was "overseas at the time", I assumed that meant he was there just temporarily.

The good news for the OP is that despite the VO being rude, they determined the relationship is genuine (most important part), so when they re-apply, they shouldn't have much problem.

 

[nehakhan]

Thanks for the feedback. My husband was temporarily back in canada as his brother had passed away. I think we will wait a bit and then reapply.