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| Subject: outside common law visa denied- must appeal! |
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Hello,
I am writing to you from Italy.
I am a Canadian who has been living/studying in Italy since 2003 but returning to Canada 2-3 times per year (totally over 2 months). My Italian boyfriend applied for a common law visa from outside of canada and it was rejected because of ME. The reasoning was:
"E S does not reside in CAnada and did not do so on the day on which the application was filed and from that day until the day a decision was made in respect to the application. Specifically, I am not satisfied that E S resided in Canada from 2003- 2008. She does not meet the requirements of subsection 120. As a result, A P deosnt meet the requirements"
I am wondering if we get denied for the appeal can we try again when we are married or is this a one shot deal?
Also, if I am a Canadian Citizen and technically a resident (I dont have residency here in Italy, I have a Canadian license, health card, car insurance, RRSPs, bank account and card, visa etc). how can they deny me?
Any help would be appreciated. And if you think my case has just cause to fight for and you can represent me wiht half decent fees please contact me through email.
Thanks.
[06-10-2008,06:53]
[**.18.14.43]
Elena |
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(in reply to: outside common law visa denied- must appeal!)
I just wanted to add that I studied with a study visa in Italy from 2003-2005 and met my boyfriend in 2005 and a year later moved in with him.
I am assuming that if the reasoning above is the only thing written about why it was rejected then everything else in the application was ok??
What do you think our chances are of winning the appeal.
This is my life and the only reason I remained with him in Italy was to wait for the visa to be processed and to put it together. If we cannot reapply once married, does this mean I am trapped here in Italy? It all just doesn´t seem fair.
thanks.
[06-10-2008,08:04]
[**.18.14.43]
Elena |
(in reply to: outside common law visa denied- must appeal!)
Elena
So you like others believed that you can do all applications yourself. You won´t be the last person to get conned by the Federal Government.
Did your partner even get an interview?
You messed up (BIG TIME) somewhere in the forms if you failed to even get an interview.
Then you posted here in the first posting that your willing to appeal but want to know the cost! Having a just cause or what you consider a fair fee is not valid reasons to appeal.
You failed to show that the two of you were indeed in a common law relationship.
Okay think what you submitted..........
The onus is on you to prove your relationship.
Most Consultants charge around $3,000.00 for an appeal and some Lawyers will charge $6,000.00 for the same situation.
If you do not go to a full appeal and win at the Alternate Dispute Resolution ADR the price drops.
Do you have copies of all of your forms and submissions?
It might be better to resubmit and do it correct this time. It could result in another refusal based on the differences in the forms of each spousal sponsorship application.
Without the clear facts it is difficult to advise.
Roy
www.cvimmigration.com
[06-10-2008,11:07]
[**.52.219.106]
Roy |
(in reply to: outside common law visa denied- must appeal!)
Have U read regulation 133?
Roy
www.cvimmigration.com
[06-10-2008,12:17]
[**.158.57.193]
Roy |
(in reply to: outside common law visa denied- must appeal!)
Thank you for the reply.
I believe we did prove our relationship because that was not on the rejection letter.
It is nto clear, how did i mess up big time by not getting an interview..how do you even get an interview??
would I atually be able to resubmit my application?
and can i resubmit as a married couple or is it a one shot deal?
[06-10-2008,12:54]
[**.14.136.147]
Elena |
(in reply to: outside common law visa denied- must appeal!)
http://laws.justice.gc.ca/en/showdoc/cr/SOR-2002-227/bo-ga:l_7-gb:l_2//en#anchorbo-ga:l_7-gb:l_2
Read 120 then 133 and 137 the issue appears to be you Elena!!!
Roy
www.cvimmigration.com
[06-10-2008,15:44]
[**.158.57.193]
Roy |
(in reply to: outside common law visa denied- must appeal!)
hi thank you.
I read it over and I do not apply to paragraph 133. I am a resident of Canada and I fall into the common law category, thus not having to have income to support my boyfriend. My friend called the hotline today in Canada and they said that I would need to show that I have "roots" in Canada, such as being accepted to a College, which I was just accepted to a college to start in January. Secondly, I have already been approved as a sponsor (in July) after my paperwork was looked over in mississauga.
also, part 137- I am not a resident of Quebec, I am from Ontario.
Sorry if I read incorrectly the link you sent me!
I am just writing to you what I have understood from it.
Thank you SO much for your help and writing back to me so quickly. I really appreciate it!
[06-10-2008,16:07]
[**.18.14.43]
Elena |
(in reply to: outside common law visa denied- must appeal!)
this could be as simple as - you must show intent that you are returning to Canada before you sponsor anyone.
I would not appeal, I would apply again and do it right. Make sure you show that you are returning home to Canada, make sure you have proof that your commonlaw relationship is legit and you will likely be on your way.
Roy´s probably right... CIC has an issue with YOU not your partner.
[06-10-2008,16:44]
[**.155.160.37]
Sharon |
(in reply to: outside common law visa denied- must appeal!)
If your a resident of Canada as you just posted on the 6th of October how can you be living common law with someone in another country?
Are you a citizen or a permanent resident?
I bet your a Permanent Resident!
Roy
www.cvimmigration.com
[09-10-2008,09:25]
[**.52.219.162]
Roy |
(in reply to: outside common law visa denied- must appeal!)
I study in Italy on a family visa and in the past a study visa.
I was born in Canada, am a Candian citizen and resident of Canada.
Anyways they got back to me and the file has been re-opened and I was told to ignore the denial letter. But I will not get my hopes up.
[09-10-2008,09:37]
[**.18.14.43]
Elena |
(in reply to: outside common law visa denied- must appeal!)
update
His visa was approved (even without an interview).
ps. It is spelled you´re not your.
[11-10-2008,15:51]
[**.18.14.43]
Elena |
