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Reasons your spousal sponsorship has been refused?

Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Immigration Topics
Forum Name: Family Class Sponsorship
Forum Description: A review of current sponsorship programs (permanent residence) promoting the reunion in Canada of close relatives from abroad.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=2169
Printed Date: 29 Nov 2020 at 6:25am


Topic: Reasons your spousal sponsorship has been refused?
Posted By: verbalphantom
Subject: Reasons your spousal sponsorship has been refused?
Date Posted: 18 Apr 2010 at 8:48pm
Just want some mistakes to learn from......What reasons have you been refused? Mailing my applications on tuesday.



Replies:
Posted By: scylla
Date Posted: 18 Apr 2010 at 9:23pm
Verbalphantom -

Although I can't speak from personal experience (still putting my application together), I think you will find that most individuals on this message board who are dealing with refusals have not been refused due to what they would categorize as "mistakes".

Yes - it's true that applications are sometimes returned/rejected due to errors. So make sure you check and double check that you have completed all of the required forms, signed where necessary, provided all supporting documentation, completed the medical, supplied the police certificates, paid the required fees, etc. Also, make sure you qualify as a sponsor (i.e. not bankrupt, not on social assistance, etc.). Finally, make sure you supply sufficient evidence to prove that your relationship is genuine.

If you search through various threads on this message board, I think you will find that most of the spousal/common law refusals being discussed have been refused due to CIC not believing the relationship is genuine. In other words, it's not that these individual made "mistakes" in their application. Instead, for whatever reason, the CIC agent reviewing the application decided they didn't believe their relationship was real. There are many examples on this board where individuals have been refused even after providing hundreds of e-mails/chat transcripts, photos, wedding information, letters from family, etc.

I don't mean to scare you by saying all of this. I just think it's important to acknowledge that refusals occur even when the application submitted is technically "perfect".

-------------
Outland Spousal (Buffalo):
App recd: 05/28/2010
Sponsor approved: 06/28/2010
Processing started: 08/19/2010
Passport request: 10/01/2010
Landed: 10/05/2010


Posted By: verbalphantom
Date Posted: 18 Apr 2010 at 9:30pm
That's weird.....God Bless me and my wife for sure. Maybe its the people you get. 


Posted By: audball
Date Posted: 18 Apr 2010 at 9:48pm
Unfortunately, the country of origin can play a role in things.

Sad but true, some countries are looked at with more scrutiny as far as genuine relationship goes. Like if there's a huge difference in culture, CIC wants to figure out what brought the two individuals together. I suppose it's necessary due to fraud, but it makes you feel for people from some countries.

My application is in process in Buffalo so hopefully I'll only have good news to report. But I also see the genuineness of a relationship as the most common reason for refusal.


Posted By: RobsLuv
Date Posted: 19 Apr 2010 at 8:42am
It is true that the primary reason for refusal of spousal/common-law applications is either suspected relationship of convenience, or criminal inadmissibility.  In other family class applications (parents/grandparents/etc), it's probably most often medical inadmissibility.

Certainly not trying to say that people don't make "mistakes" when putting together their applications - but CIC makes their fair share of mistakes also.  I think the biggest mistake applicants make is that they don't understand the basics of qualifying to apply and so they don't realize what types of "proofs" they should include.  What to provide to "prove" a genuine relationship can be confusing.  I also think that a lot of people applying as common-law partners don't realize that they not only have to prove their genuine relationship, they have to prove that they qualify as common-law partners, also.  That's a big piece. 

The biggest mistake on CIC's end: I think visa officers can sometimes be blinded by the responsibility of their task.  There is a very fine line between looking at an application and assessing it for legitimacy and looking at an application with an eye towards finding a reason to refuse it.  I believe that officers are given way too much freedom to interpret the Act & Regulations, and too much power to make a decision that isn't reviewed by anybody before it's finalized.  The sheer volume of cases that are won on appeal is testimony to that.  Yes, there are people who would do anything to get into Canada, but that doesn't mean that every "foreigner" in relationship with a Canadian is just trying to get into the country.  And, yes, there are people who are criminally inadmissible to Canada, but that doesn't mean that in every case, their family members are inadmissible also.  I believe the Act/Regs are being misinterpreted and misapplied in every Canadian visa office on the planet, and that some applicants are unfairly intimidated and deliberately misinterpreted during interviews to facilitate refusal.  Until there are advocates for applicants AND sponsors, and the appeal process begins to acknowledge that some refusals are not valid, or were not obtained under adherence to the principles of Procedural Fairness, we'll continue to be plagued by "mistakes".


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3/2007-applied
1/2008-Refused
12/2008-ADR failed
1/2010-Appeal allowed
4/2010-In Process(Again)
5/2010-request FBI/meds
8/2010-FBI recd
11/30/10-APPROVED!
1/31/11-LANDED!


Posted By: verbalphantom
Date Posted: 19 Apr 2010 at 4:17pm
Thank you, that was helpful. My definition of mistakes was just reasons for refusal I guess. I should've been more specific. My wife is a very sweet woman, and has never asked me for a cent. I even have to convince her to buy her anything when I'm there with her. Just trying to think here on what I could add to back it up further before I send them off tomorrow. We will definitely be praying every night together after its sent off. Lets see how it goes. 


Posted By: Saya
Date Posted: 19 Apr 2010 at 4:31pm
Originally posted by RobsLuv RobsLuv wrote:


The biggest mistake on CIC's end: I think visa officers can sometimes be blinded by the responsibility of their task.  There is a very fine line between looking at an application and assessing it for legitimacy and looking at an application with an eye towards finding a reason to refuse it.  I believe that officers are given way too much freedom to interpret the Act & Regulations, and too much power to make a decision that isn't reviewed by anybody before it's finalized. 
 
I could not agree with you more!!! If an application is being denied simply because of ONE person's opinion then there should be some sort of a 2nd review in place. I think it would benfit the process as a whole. There is a lot that goes into these applications and it's kinda harsh knowing that it could all be based on whether or not the IO had a bad day. (Which I hope is never the case)


Posted By: boundary47
Date Posted: 19 Apr 2010 at 8:08pm
I wonder how many of us can truthfully say we've never thought to ourselves, "Hey, what is that beautiful young woman doing with the fat old guy"? Anna Nicole Smith, anyone?  

That's an example of the kind of bias some couples are up against. Whether it's because the Applicant is from a poor country and is 15 years younger than the Canadian sponsor, or because of the atypical circumstances of their relationship and marriage, anything extraordinary is more likely to arouse suspicion. 

We can't help it if the one we meet and fall in love with is "out of the ordinary" according to society's averages.  But it means we've got a much tougher task to "prove" to the IO that our relationship is authentic.  That's one element of the "luck of the draw".

The other is which IO your file happens to be assigned to.  Like everyone else, IOs have biases.  And also like everyone else, some of them are good at being objective in spite of them, while others are not so good.  And like the rest of humanity, there are probably a few genuinely unhappy and miserable souls among them who will have a much higher reject rate than their colleagues.  We can't help that, either -- it's also the "luck of the draw".

So, we're not in control, and the best we can do is to assemble the best possible documentation for our own case, and to present it as persuasively as possible.  That is the only thing we can focus on, because the rest will drive us crazy if we let it.  


-------------
B47
Jan 29 App. sent
Mar 1 Sponsor approved
Mar 9 Passport requested
Mar 24 RPR Fee paid
Apr 15 File under review
Apr 30 Decision made
May 11 Decision mailed
May 13 Visa received
May 20 Landed


Posted By: verbalphantom
Date Posted: 19 Apr 2010 at 8:45pm
Very interesting stuff! I'd say me and my wife are around the same area on social status, but its ridiculous that would help us lol.....It's no surprise though, especially after some airport encounters with power tripping officers. One guy went through my laptop looking for child porn for no good reason at all. lol



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