Spousal Appeal - Who To Hire?
You just received a spousal sponsorship refusal letter from IRCC and you’re FURIOUS! Get over your anger, you have a spousal appeal to prepare for and you need to know WHO TO HIRE! Never hire anyone who assisted you with submitting your spousal sponsorship application. Both you and they made mistakes. You need to accept some of the mistakes were yours. The issue now is where they big mistakes or minor mistakes.
The Visa Post Officer was clearly not satisfied with why you married a FOREIGNER or why you couldn’t find a suitable mate in Canada. The Visa Post Officer was not satisfied with why your spouse would want to marry a CANADIAN! Every couple have differences and whether they are age, education, ethnic background, weight, religion, language, occupation etc. etc. they must be explained why they are not relevant to the two of you.
The fee required (COST) to hire an Immigration Counsel to represent you and your spouse at your appeal is important but not as important as the amount of time the person you hire will allocate to prove your marriage is genuine and continuing. Only you know why you’re so comfortable with the other, why they can make you laugh so easily, why you’re special to them and them to you. An Immigration Counsel with decades of experience willing to put in the countless hours to learn all the details about how much you love one another should be retained.
Did you hire a major Immigration Law Firm to submit your application? Did their fancy office impress you? Did you have a say in which Counsel would be submitting your application? Did a Lawyer complete the application forms or an employee? What evidence was submitted to show how and why your relationship developed?
· Regardless of if you hired an Immigration Counsel, they knew your spouse was being called for a marriage interview on ____DATE___.
How many mock spousal marriage interviews did they put your spouse through? Did they tell your spouse what areas of concerns he/she would be questioned about? Was your spouse told how to answer questions so not to appear being evasive? Did they tell your spouse when confused about a question they could reply with a question?
MINOR MISTAKES
You will receive a letter from the Immigration Appeal Division (IAD) from a Dispute Resolution Officer offering you an (ADR) Alternate Dispute Resolution process where your appeal could be resolved. You and your Counsel will already have received the Ministers evidence (record). They will ask you and your Counsel to submit a disclosure document to the IAD and Hearings Office to overcome any misunderstandings. Unlike the application process there is no limit as to the number of photos you can submit with the submission package. Only the sponsor is called to answer questions. The ADR takes place around a boardroom table and the Dispute Resolution Officer starts by explaining the process. They will inform you the Ministers Counsel will have questions for you, and you must focus on the Minister Counsels questions. The first question will be a request to see your passport to ascertain your identity and the trips back and forth to visit your spouse. It is always best to dump a whole bunch of additional photos all over the table to let them look at something while awaiting your responses. When the Ministers Counsel is finished your Counsel will be given an opportunity to ask a couple of questions to clarify any answers you gave. Then the Dispute Resolution Officer and the Ministers Counsel will leave the room to discuss the case and come back with a decision yes or no.
No, you have an option to reapply or go to a Full Appeal.
BIG MISTAKES
You will have to wait a longer period to schedule your full appeal hearing date. At the full appear hearing your Immigration Counsel starts by asking you questions. Then the Ministers Counsels get their turn to question the sponsor. The IAD member can ask a question when ever they wish to clarify a point. Your Counsel will be given an opportunity to ask questions of you regarding the Ministers Counsels question and your replies.
The whole process repeats when your spouse/applicant is called to testify.
When all witnesses have been heard both your Counsel and the Ministers Counsel will normally verbally give their submissions.
The IAD member may render their decision at the end of the hearing or more normally will provide their decision in writing at a late date.
COST
Why pay two or three times the cost to hire a huge Law Firm that will charge you excessively. We can prove our experience. All we want to do is put back together loving couples.
· I am a former Hearings and Appeals Officer employed by IRCC. Some details of my experience and news paper articles can be found here. https://www.cvimmigration.com/about
· If you wish to have a FREE consultation, please request same with date and time via email cvimmigration@gmail.com
· We will provide IAD decisions to prove our experience.
Roy Kellogg
Cvimmigration.com