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| Subject: Spousal Sponsorship Appeal |
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My spousal sponsorship application was recently rejected because my spouse failed the interview. I´m planning to find a lawyer and apply for appeal to IAD or Federal Court. I´m just wondering during the hearing, do I have to be present and answer questions from the judge or the lawyer will represent me and do all the answering for me. I get very nervous at this kind of situation and I afraid I´ll ruin the case because I do not speak very well when i´m nervous. Thanks for your help,
Steve,
[05-06-2009,13:04]
[***.183.93.178]
Steve |
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(in reply to: Spousal Sponsorship Appeal)
Yes you are the appellant, you have to attend and answer their questions!
50% of all appeals can be explained away at the ADR alternate dispute resolution stage if your offered to attend an ADR.
ADR is an informal setting with you and the CBSA officer at the table asking and answering questions so that the reasons for refusal can be explained away. The DRO Dispute Resolution Officer (IRB Member) and your counsel ask only a few questions. You need to get the officer to understand your relationship is genuine.
YOU NEED TO FOCUS ON WINNING AT THIS STAGE!
You should retain an authorized representative but make sure they have (experience with spousal appeals) and will put you through a spousal appeal interview at least three times themselves before you have to attend the appeal division. That will make you more relaxed on your appeal dates. If you retain a large firm make sure you know the experience of the person that will be at the IAD with you.
The Authorized Representative´s work has to be done long before you ever get to the Immigration Appeal Division. The Representative´s job is to ascertain why the refusal happened in the first place and fix the errors.
The representative needs to immediately get your CAIP´s so you can see the officers notes and understand his/her interpretation of what answers where given at the Visa Post interview.
CAIP´s do not let anyone understand the tone of the questions or answers given. CAIP´s will highlight things like why did your partner not know where you work, your birthday, when first contact happened, why there is no phone bills, lack of photos or your lack of plans for the future. There could be errors in the forms and their answer were correct, so prove that.
Remember men are from Mars and women are from Venus!
Get to work fixing anything highlighted as soon as possible.
Your representative should go over everything you did not submit and put together a submission package to clarify the officers concerns in the CAIP´s.
When the record comes your representative should sit with you to ensure you know his/her parents names, the name of the restaurant where the reception was held, your partners phone number based on the forms. Most people screw up the forms so most questions will be based on what was submitted and the officers notes in the CAIP´s will refer to the answers given in the forms.
When speaking about your partner be sure to call him/her by their name. Don´t say my husband/wife does this or that and smile when using their name. When asked why anyone should believe this is a genuine marriage say alot more then "I Love HIM/HER".
Who ever you retain make sure they let you speak to other clients of theirs who have already been through the spousal appeal process.
The representatives job is to prepare you for 90 plus percent of the possible questions you will be asked so that you will be relaxed during the process.
Hope this helps Steve.
Roy
www.cvimmigration.com
[06-06-2009,08:47]
[**.52.216.86]
Roy |
Reapply from within Canada (in reply to: Spousal Sponsorship Appeal)
Dear All,
Have a Good Day,
I need your help,
I´m a canadian living outside Canada, amd wanted to go back with my family (wife and 2sons-the younger is now canadian), I applied to sponsor my wife and the other son, but the application is refused and the appeal as well, I have been told that I have not the intination to move to canada and I could not approve that by resign letter or a school letter .. etc, the next step in very limited time to go to the court, but because I´m still outside Canada I´ll not be able to be in time there, Is it possible to reapply the sponsoring from within Canada.
thank you in advance.
Milad Louis
[06-03-2012,04:15]
[**.91.113.174]
Milad Louis |
(in reply to: Spousal Sponsorship Appeal)
you can return to Canada without your family, get a job and then apply to sponsor.
[06-03-2012,14:15]
[**.16.209.125]
Sharon |
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