family class appeal

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Subject: family class appeal
  We received the letter from Immigration stating that immigration officer reviewing my partner´s application found that they were "not satisfied that you are not inadmissible" and the main reason seems to be based on a line "neither *your sponsor* nor your Canadian lawyer know how to contact you in the US"...

We are entering year five of daily contact and they appear to be basing this claim on an email they received from a lawyer we had been asking to be removed from the file (accompanied by the proper form and with assistance of our MP´s office no less!) This lawyer reported that when they asked me how to contact my partner I responded that the best way was via email. I was not asked nor did I say that was the only way.

I´m a Canadian-born citizen and he is an American-born citizen and hearing them claim that he views our relationship as "nothing more than your best means of obtaining permanent residence status".

I´m Canadian! He´s American! We are TWO years into this application and have only gotten this far by utilizing our MP and we get this??

Can anyone provide information regrading the appeal process please?

[24-11-2009,18:49]
[**.172.123.216]
tgchi
(in reply to: family class appeal)
TGCHI

Well I have heard of some really unusual decisions by Visa Officers and this rates right up with the most bizarre ones.

I´m assuming you filed outside Canada through the US. There is a question on the forms regarding maintaining contact. It is your obligation to prove your in a real relationship and that your maintaining contact.

Web Cam communication (which is basically free) is the easiest to show and the hardest to disprove by the Visa Post.

Calling by phone cards prove you have collected a bunch of used phone cards and does not show whom was called using those cards.

Removing Counsel from an application is easy. The Use of Representative form is the formal process and a letter is acceptable.

Now the two year into this application comment is what seems strange.

Why so long, unless your talking about research time and filling the forms in and collecting items to be submitted.

Submit your appeal and apply for the CAIP´s notes NOW.

According to your post communication was the main issue so prove your communicating by showing frequency of calls and duration on your phone bills! You need to also include as well lots of photos of you two communicating via web cam. I sure hope you kept correspondence showing you wanted that counsel removed?

Research quality representation and make sure you get references before you decide to retain. sometimes the time saved and the benefits of hiring a quality representative are well worth it. The problem you claimed was that you may have not done enough research before retaining.

Using a MP is not the best because the MP staff are the ones that contact CIC and they have the experience of as long as they have had that job which could be from the last election!!

Roy
www.cvimmigration.com


[25-11-2009,06:50]
[**.52.216.166]
Roy
(in reply to: family class appeal)
Thank you Roy, I was hoping you´d respond (I sent you a private email before posting the original request here. You are correct that the two years is from date of original filing and includes time spent gathering information and fulfilling requirements. He did file from the US (although using a Canadian lawyer). The website says they started processing his application on July 14, 2008.

Our MP´s office are the ones who advised us to have the lawyer removed ASAP which we proceeded to do, numerous times, in writing submitting both the form and a written request. Conveniently, they only removed the lawyer after making their rejection decision. Yes, we have copies of the requests.

You are right about the lawyer, but we thought we were making a knowledgeable decision. Not knowing anyone else who had been through immigration, we took the recommendation of my lawyer who was in the same firm. The incompetence was immediately evident: Our deposit was misplaced for weeks, she then went on mat leave (with no one handling her work load) and we would get sporadic 2am email replies. She returned from mat leave only to take an out of country vacation (again with no one covering her workload) and when she returned from vacation we received notice she had changed law firms (to a nearby city). Things went downhill from there. Providing incorrect information able obtaining police records (having to pay for processing numerous times because she didn´t know the forms had changed)...I could go on.

Anyway - to the present:

There is something in the (appeal) letter that frightens me due to my lack of understanding:

"If the Appeal Division finds that an applicant is not a member of the family class, the Appeal Division will not have jurisdiction to consider the appeal."

How is that possible? How is the IAD to determine that he is family class until after considering the appeal? I´m not wording this well at all but it seems like a catch-22, and not in our favor.

We don´t use phone cards, we use cell phone and Vonage. Vonage had this lovely way of not only tracking each call but also emailing you your phone messages. Skype, we use occasionally - when we get desperate to see each other but I (excuse my ignorance) don´t see how a web cam shot can prove that we were talking with each other.

Frankly, up until July, he lived here with me every moment of the last two years that he was legally able to.

[25-11-2009,10:36]
[**.172.123.216]
tgchi
(in reply to: family class appeal)
TGCHI

I´m in school this week at Osgoode Hall with the Law Society of Upper Canada and if you e-mailed me from a hotmail type e-mail address your e-mail is in the junk folder. Never saw it!

In certain countries construction workers have to do all things good enough because there is not enough work for just a bricklayer or a carpenter by themselves.

So you probably got stuck with a junior member of the firm who had little or no experience. In fact many people who answers questions here may have been better to assist.

Read regulation four, you have to prove that relationship is genuine and that it was not just entered into to gain an advantage under the Act aka residency.

In a couple days when my site is updated all the information to explain everything will be there but in the mean time find the IAD site and read the info they got there pretty good stuff.

Roy
www.cvimmigration.com

[25-11-2009,19:14]
[**.52.216.166]
Roy
(in reply to: family class appeal)
Thanks Roy, I emailed from gmail - I´ll email again using fastmail account. I actually spent most of the afternoon on the IAD site and now have my hope back. This *should* be pretty easy to appeal but I would like to know about hiring you to consult or represent.

I think the relationship being valid is easily provable but I still don´t understand how the Appeal Division can find that an applicant is not a member of the family class, before considering the appeal and so not have jurisdiction to consider the appeal.

Talk soon!

[25-11-2009,19:25]
[**.172.123.216]
tgchi
(in reply to: family class appeal)
Roy, thank you for taking time today to meet and speak with me. Wow! What a frenetic office! (I thought my job was intense...)

Your kindness, sincerity and ethics were well evident, and I am respectfully impressed.

I´ll be in touch soon,

tgchi

[28-11-2009,17:31]
[**.212.29.192]
tgchi
(in reply to: family class appeal)
Not sure what Roy thinks but I would personally not appeal. I would start again. Not only do I think it will be faster but an appeal is your last resort and if it is as screwed up as it sounds, you don´t get another chance.
[28-11-2009,18:22]
[**.154.241.87]
Sharon
(in reply to: family class appeal)
That is a normal Saturday but thank you for your nice comment.

If the England issue can not be resolved they may not provide you with an ADR opportunity and Sharon may have a valid point.

Either way England is the main solution you need to find.

Deal with England and the LSUC regarding that competent individual. www.lsuc.ca and you know the rest.

Roy
www.cvimmigration.com

[28-11-2009,20:57]
[**.52.216.166]
Roy
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