Canada Immigration Discussion Forum: brick wall

Alex Atkinson - Immigration Lawyer

brick wall
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I applied to bring my fiance here from China in May2001 and was accepted for sponsorship in Nov2001. Application was made to Beijing Embassy for the visa and we waited until Dec2002 to be given an interview date in Feb2003. This form was under NEW legislation enacted in Jul2002 and contained information which was impossible to produce after the fact. My fiance made the 3 1/2 hour plane trip to Beijing only to be told our application did not qualify under the "family class" and that the documentation asked for two months earlier was incomplete. The "family class" was changed under new legislation Jul2002 to exclude fiance. On the CIC web site it states that any application received and fees paid before June2002 will be processed under the old legislation. The reasons given for refusal were lack of sufficient proof of relationship. Not convincing the official of intent to marry, use of calling cards for communication and lack of English skills. The reasons on the refusal form are primarily that fiance is not in the "family class" and also that we failed to satisfy the officer of our intentions. We have called each other almost every day for the past year, my fiance using calling cards which have no call records. We were not informed of this requirement as it falls under new legislation. My call records were presented. Before that we communicated over the Internet and she had it translated. Some other documents requested do not exist but I was not given the opportunity to explain. She was questioned under 356 of the regulations but this is a recommendation for married applicants only as to their relationship. I was never contacted although it was a requirement that I be available at this time.
CIC tell me I have a right to Appeal but given the delays in the system this could be years. If I travel to China to be married it will negate the application as a fiance and we will be forced to apply from the beginning with my wife in China.
It seems as if there are many people out there with similar problems but we are powerless to do anything. Letters to my MP may result in something but they only agreed to forward my concerns to the Minister responsible. Anything to the Beijing Embassy is like sending to a black hole!
Can any one give me some advice because I am at my wits end. One bright spot is that this has solidified our relationship and we are doubly determined to be together

Posted on Mar 3, 2003, 9:42 AM

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Bad Luck. Mary, Mar 13, 2003, 11:57 AM
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