FSW APPLICATION DENIED, CONFUSED... |
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avance
New Member Joined: 19 Dec 2009 Status: Offline Points: 3 |
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Posted: 19 Dec 2009 at 4:42pm |
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Hello, I am an USC and my husband is French. I applied for FSW at Buffalo, transferred to Detroit, and submitted all required documents, medicals, and RPRF. My FSW application was denied because my husband was deemed inadmissible because of his criminal background. Last year, he applied for rehabilitation at the Paris Embassy, and the officer concluded that, based on his criminal background, the rehabilitation was unnecessary!!! So confused, want to appeal this nonsense decision!!! Please help! Thanks |
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IslandGirl
Average Member Joined: 29 Nov 2009 Location: On an island Status: Offline Points: 228 |
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Did you include the documentation showing that with your application?
The Paris Embassy and Detroit might read things differently. IE - Detroit might have read his police checks and equated them differently than Paris
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Used to be known here as "feb7" - there's no doubt to my gender this way
My previous profile |
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canvis2006
Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574 |
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You can go live in France with him.
He can get you french residency as he is french. |
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avance
New Member Joined: 19 Dec 2009 Status: Offline Points: 3 |
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That's just the thing... My lawyer did not include the notes from Paris stating that my hursband's rehab was not required.
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IslandGirl
Average Member Joined: 29 Nov 2009 Location: On an island Status: Offline Points: 228 |
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Then I'd say your lawyer owes you an explanation - sounds like s/he fooked up
Sorry I think, note I said think, that you can send in information that might be relevant within 30 days of rejection & ask for it to be reconsidered. I do not know for sure! PMM would be a good person to have look at this thread
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Used to be known here as "feb7" - there's no doubt to my gender this way
My previous profile |
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ralph dzegniuk
New Member Joined: 05 Dec 2009 Location: Toronto Status: Offline Points: 60 |
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Your FSW refusal can only be Judicially Reviewed within 60 days of receiving the refusal letter. If you are outside of that time frame, you are out of luck. Also, if the appropriate documentation and/or submissions regarding your husband's criminal background were not included with the application then the VO could have made an error - the burden of proof is always on the applicant (however, if error was made, you'd have had grounds for a JR). For instance, arguments why deemed rehabilitation applies in this case - assuming it does, i'm not sure why Paris determined Rehab app. was not necessary, but i'm guessing this could be the reason, especially if the required pd. of time has elapsed since completion of sentence - have to be included with the application.
Ralph Dzegniuk, Barrister & Solicitor (B.A., L.L.B.) Migration Law Chambers 82 Richmond Street East, Suite 305 Toronto, ON. M5C 1P1 Phone: (416) 548 9072 Fax: (416) 548 9092 www.migrate-2-canada.com [email protected] [email protected] |
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STARCHILD
New Member Joined: 17 Oct 2010 Status: Offline Points: 3 |
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how do you prove refusal received. I only received e-mail today, but letter was dated Sept 13, 2010. TraNscript for MBA wasnot submitted to CHC.
I have e-mails informing consultant of request and e-mails of request for transcripts from Uni.
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Applied CIC July 09
Applied POS Dec 09 waiting |
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