You sponsored your spouse yourself and they got refused! You’re frustrated because the refusal letters don’t really say why! It does not reflect badly if a Visa Post Officer refuses too many applications but will reflect badly if they approve too many marriage applications.
The following are some examples of refusals we have won on appeal.
A). Young 17 year old girl Ming immigrates to Canada with her parents. Ming leaves her boyufriend Zhang behind who she loves deeply. Ming and her boyfriend maintain contact on a daily basis by video chat. Ming and her boyfriend are both students who are working part time. Ming’s boyfriend has limited English ability but is taking clases to improve his English. Ming returns to China twice with her parents and visits her boyfriend while on summer holidays from school. Ming graduates secondary school and is enrolled in the University of Toronto. Just before graduation Ming returns to China marries her boyfriend and submits a spousal sponsorship application. Her boyfriend Zhang gets refused because of IRPA section A39. Income is not supposed to an issue when sponsoring a spouse or dependent child. Ming had submitted her previous years notice of assessment, marriage license and photos of her marriage which her parents attended and supported. Lots of evidence proving the marriage was genuine and continuing. At the time Ming submitted her spousal application she was only working part time. To get married in China persons must be 21 years of age or older so when Ming turned 21 she could wait no longer and returned to China to marry true love. Ming filed a spousal appeal with our assistace.
IRPA A39 A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.
It takes several months for the hearings office to get the spousal file from the visa post and create the governments evidence called the record. There was no evidence that the visa post officer felt that they were not in a genuine marriage. Ming had just gotten hired and was now earning $135,000.00 a year. We submitted her proof of income and the Minister Counsel who conceeded the appeal and ordered the visa post toi continue processing Zhang application for permanent residency. Appeal approved!
B). Sponsor Wang is a Long Haul Truck Driver hauling from Mississauga, ON to St Louis, USA and return on a regular basis. Applicant Chenhua lives in northern China and parents of sponsor live in southern China. Chenhua had never met sponsors parents prior to marriage. During spousal interview at visa post applicant was asked how much does her husband earn. She replied 40 cents a mile driving to and from USA. Visa post Officer said in Canada we use kilometers are you sure it is 40 cents per mile? YES! Why did you not meet his parents before marriage. I could only get so much time off for wedding and honeymoon I met them during my honey moon. They are elderly and ill and could not attend our wedding but we have letters of support and photos with them. Wang filed a spousal appeal with our assistace.
During the full spousal appeal Ministers Counsel kept objecting me from asking how Wang is paid for driving. Finally the member interupted the Ministers Counsel to inform her that he had been a Long Haul driver for many years and he knows all trucks need to have a clock in them based on miles and hours driven incase they are stopped by highway patrol officials in the States. He also went on to state that now all most all Long Haul Trucks are built in the USA. He then stated that the sponsors parents provided proof of their medical issues and why they did not go to the wedding. Appeal approved!
If your spouse is ever refused retain only a Counsel that can show you positive decisions from the Immigration Appeal Division.