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| Subject: Spousal Appeal - Proving a Marriage |
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To All
Below is the Chavez decision which is the mainstay, pillar or case Law that all Immigration Appeal Division (IAD) members rely on to approve any Spousal Sponsorship Appeal. It is the applicants responsibility when submitting a Spousal Application to prove they are in a genuine relationship and that they are not using the Sponsor just to get PR status in Canada.
Many times couples are refused for a variety of reasons and when they appeal the refusal the IAD members use the following factors as a basic guideline when considering if the appellant has proven that their marriage is bona fide.
Chavez Decision to prove a genuine marriage.
1. Intent of the parties to the marriage,
2. Length of the relationship,
3. Amount of time spent together,
4. Conduct at the time of the meeting, engagement and/or wedding,
5. Behaviour subsequent to the wedding,
6. Knowledge of each other’s relationship histories,
7. Level of continuing contact and communications,
8. Provision of financial support,
9. Knowledge of sharing of responsibilities for the care of children brought into the marriage,
10. Knowledge of and contact with extended families of the parties and,
11. Knowledge about each other’s daily lives.
Roy
cvimmigration.com
[01-05-2013,08:38]
[**.229.22.41]
Roy |
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