Hello friends. My Heartbroken today i got my refusal latter. Thy said your mariage was not genuine. Decision made in Poland. Any one tell me when I apply for apeal how long will take for final result? Any one got refusal? After that sumit reapeal? Please guite me
There have been other posts and responses here that clarify some of the history of your application - I've seen some of that but perhaps not all, so this is only some thoughts. Also - I'm not an expert on the appeals process and few posters here are; you REALLY should consider a lawyer, at least consulting with a lawyer to get more information.
You have a 'representative' - not clear whether this is some immigration consultant or a proper lawyer. If not a lawyer, your 'immigration consultant' is
not a substitute for a lawyer. (And if a lawyer, you should consider very carefully whether you need a second opinion ie a different lawyer). You should regardless be thinking about whether you want to keep your representative - and if there is anything that indicates the representative did not share/tell you everything or made serious mistakes, fire the rep.
-You only have a certain period of time to appeal (30 days?); since that is a hard deadline, you must file the appeal before then, even if you decide later to drop or withdraw the appeal. I'd still file the appeal. You will need some information i.e. gcms notes (see below) that you will probably not get before the deadline.
-You did not provide much about what was in the appeal letter -
read it carefully. There are parts in that letter that may be extremely important, and particularly whether there is any mention of misrepresentation. Since misrepresentation can have very serious consequences (eg five year ban), you need to know that. (Another reason to consult a lawyer if you are not 100% certain about this).
-There appears to be an issue that your representative sent the response to 'additional document request' by courier instead of electronically. (Did your representative
follow the instructions?). And, therefore, whether the physical submission was 'attached' to the file or not.
This is really important. If they gave the refusal based on not receiving the information, i.e. they deemed you not to have responded, your next steps may have to be different.
-You should order gcms notes - and you should order them
twice. There is an option in gcms notes to order just the extracts from the gcms system - order this; it usually should take thirty days. There is an option to order the 'complete file' (including all scanned documents and submissions by you) - you should order this
in addition to just the notes. And note, this 'complete file' may be returned to you by mail on a CD and not by email and so may take longer.
You need to know exactly what was submitted and received by IRCC.
-You should also request your representative send you a
complete file and copy of everything that was submitted to IRCC on your behalf
and all correspondence received from IRCC.
-You want to also compare this info with the complete file above. As others have noted, not all representatives (esp consultants) are equally diligent and professional, and some are neither diligent nor professional. If you were sent (for example) a procedural fairness letter and you did not get a copy from your representative, that is a big deal.
-On the appeals process itself: I do not know much about it. I occasionally read a bit in the related appeals-titled threads here. They take a VERY long time (it seems). There is a process of alternative dispute resolution I believe that may be a bit quicker - but I don't know much about that.
-Based on what you find out, you will need to decide whether to proceed with your appeal or not. I believe the alternative is to simply withdraw your appeal and re-apply. The difference between them and what is preferable is not an easy topic without knowing details.
-If (for example) - and this is only a hypothetical - the refusal is basically because the evidence you submitted was weak
and you can improve on that (an example would be that you have now resided with your spouse together for some additional time), it may be better to re-submit the entire application and start from scratch. Include new/extra information and a letter of explanation that you have better evidence now and have decided to re-submit rather than appeal. Obviously you need to look carefully at whatever you can discern from the file/notes about why they refused and whether you can 'correct' this.
-There are some reasons for refusal (notably misrepresentation) where you will need to appeal.
-There
may be some possibility to request the visa office to look at information that was not taken into consideration (which
might be the case if they didn't see the response to the document request that was sent by courier). I do not know whether that might be faster than re-submitting - but you will need to know (as above) what IRCC actually had when they made the refusal decision.
If IRCC did not get or did not properly consider the additional documentation you provided (because submitted physically rather than electronically), it
may be preferable to withdraw the appeal and just resubmit an entire, new, better-prepared file, including the information that was submitted later (since now you have a better idea of what was considered missing originally). I do not know, but I would suspect that this would be preferable to a full appeal (i.e. unless the visa office agrees to reconsider the file right away - and I do not know if they will do this).
Hope this helps.