Recently, a client came to me with a matter to appeal on. My discussions with him made me realize the need to share my experiences with people in this regard.
Many individuals sponsor new spouses or other family members to come to Canada without understanding the process clearly. The result is rejection of many applications. Understand that the sponsorship process is complicated. Know if your sponsorship application is rejected you must file an Appeal within a time limit or you will lose your appeal rights. It is a lengthy process.
First and foremost, you must have a valid case for appeal. Sometimes, a couple even though validly and genuinely married, do not produce adequate proof to satisfy the concerned authorities. This could have caused the necessity for appeals.
The immigration officer is looking for evidence of a legally valid, genuine marriage. You can satisfy this requirement through marriage photos and other documents including communications exchanged.
Even in arranged marriages, though you have not met your spouse prior to getting married, at least you must satisfy the authorities that you know certain important basic facts about your respective families.
The authorities also need to satisfy themselves that you were properly introduced, that you were in constant touch, and you went on a proper honeymoon.
You should therefore keep all copies of phone records, letters and e mails received, hotel bills for trips together either whilst courting or after marrying.
There was a case where a couple was refused because their marriage, in the home country was not consummated, (i.e. they did not live as man and wife) before the husband left for Canada to sponsor the wife.
The reason was that their respective parents did not want them to live as man and wife until she arrived in Canada. We had to prepare several statutory declarations to show it was only because of cultural sensitivities, that their marriage was not consummated. I was happy to note that they now live happily as man and wife in Toronto.
In the case of sponsorship of parents, sometimes there can be problems with income of the sponsor which has to be at a minimum, failing which the application can fail.
There is a case where the husband did not have enough of an income. The good news is that during appeal he succeeded because by then he had the requisite income. This is the exception, rather than the rule.
The moral behind this is that make sure all your ‘ducks are in a row” as the saying goes before sponsoring your spouse or other family member.
The appeal process can be very stressful, and in the event that a professional is hired, make sure he or she is licensed. It is often a good idea to request a retainer agreement. It is also a good idea to request a partial “refund” clause in the retainer agreement, in the event the application fails
Sadick Keshavjee is a licensed immigration counsel, and also does appeals in the Immigration Appeal Division, as well as IAD’s there
He can be contacted at 416 422 3313 or email : skeshavjee786@yahoo.com www.cometcommercialservices.com
No comments yet.