Bad News..

[mrs B]

sent appl 14 nov 2009
appl received nov 19 2009
started procesing appl feb 1 st 2010
called them sept 6 2010. (ask why we never heard a thing)
e-cass change to decision made sept 9 2010
and letter sent on sept 9 2010
Well every one the good news we had so hoped for we didnt get, it looks like they never even read any off our documentation before they just made a decision, it states that the police certificate we send is a copy, I just called them and told them its not, that what we sent them is what we got from the netherlands THE ORIGINAL.. also my husband has never had any contact with his 2 kids because of bad relations with the ex,
they will not undergo any medical ect, immi just told me its the LAW here in Canada and if we dont have what they want we might as wel for get it,
This is the most unfair process we ever had to deal with..

 

[Black-Berry]

sent appl 14 nov 2009
appl received nov 19 2009
started procesing appl feb 1 st 2010
called them sept 6 2010. (ask why we never heard a thing)
e-cass change to decision made sept 9 2010
and letter sent on sept 9 2010
Well every one the good news we had so hoped for we didnt get, it looks like they never even read any off our documentation before they just made a decision, it states that the police certificate we send is a copy, I just called them and told them its not, that what we sent them is what we got from the netherlands THE ORIGINAL.. also my husband has never had any contact with his 2 kids because of bad relations with the ex,
they will not undergo any medical ect, immi just told me its the LAW here in Canada and if we dont have what they want we might as wel for get it,
This is the most unfair process we ever had to deal with..

Sounds to me like they are still giving you a chance to produce an "original" document?. Can you perhaps get the Netherlands police to directly send it to them??

 

[Godblesswife]

Mrs I agree with the earlier post get the netherlands to send them the police check Directly.
otherwise you may have to consider a new outland application.
it maybe tough but you need Hubby with you, so you have to fight.

All the best.

 

[RobsLuv]

Sounds like the certificate is not the only issue - there was also mention about the kids not undergoing medical examination. This is a real problem - I know of someone else from the UK whose application was recently refused because his ex-spouse would not allow their children to be medically examined. This does not adhere to the instructions given to processing officers in the OP2 Processing Manual, in Section 5.12:

5.12. Exclusion from membership in the family class – R117(9)(d), R117(10) and R117(11) (former OM OP 03-19)
Under both the previous legislation and under IRPA, both the applicant and the applicant's family members, whether accompanying or not, must meet the requirements of the legislation. There are no exceptions to the requirement that all family members must be declared. With few exceptions, this also means that all family members must be examined as part of the process for achieving permanent residence. Officers should be open to the possibility that a client may not be able to make a family member available for examination. If an applicant has done everything in their power to have their family member examined but has failed to do so, and the officer is satisfied that they are aware of the consequences of this (i.e., no future sponsorship possible), then a refusal of their application for non-compliance would not be appropriate. Officers must decide on a case-by-case basis using common sense and good judgment whether to proceed with an application even if all family members have not been examined. Some scenarios where this may likely occur include where an ex-spouse refuses to allow a child to be examined or an overage dependant refuses to be examined. Proceeding in this way should be a last resort and only after the officer is convinced that the applicant cannot make the family member available for examination. The applicant themselves cannot choose not to have a family member examined.

All that said, I haven't ever heard of anyone who was able to argue this with a processing officer - and that's frustrating. Our refusal was under similar circumstances - and also came within days of us "pushing the issue" of the application having been sitting with no word from them for more than 6 months. It felt like a punishment - and when we got the CAIPS notes it became quite clear that the assessing officer basically threw a temper tantrum after receiving our fax. She actually lied in the CAIPS, saying I had refused to allow my son to be medically examined in order to get him taken off our application so he wouldn't make me inadmissible due to his arrest - even though we had submitted proof of his medical examination with the application as required. There is no doubt that some officers are not playing by the rules - problem is that you'll be hard pressed to get anybody at CIC to admit that or to give an inch towards rectifying the injustice. You might have a shot at getting an appeal allowed on humanitarian and compassionate grounds, but be prepared to wait for a year or so to finally have your day in court.

 

[Aroundtown22]

Mrs B

Your comment about the police certificate from the Netherlands has me a little concerned. We just sent our app in including the police certificate from the Netherlands... they do look like copies but we definitely sent the original! ???

 

[mrs B]

Hello aroundtown
I called them yesterday and they said they will not accept this police report, even after I explained them it realy is the original,that i have called and talked to the people in holland,they said that even if we reapply the one they will send is the one imm already has,hope you have better luck,cause we are lost, dont know what to do now,to us it seems they never even read all our letters,that they just made a desicision....are you living here or still in the Netherlands.

To Robsluv
Thank you for your great response, I read all those pages and in them it clearly states that if an ex spouse will not get kids to do a medical ect imm cannot refuse our appl also we are willing to sign anything that we will not be sponsering anyone in the future..
it might take us longer than 90 days to try to get any info they want, our visitor per expires in dec can we get a renewal and for how long can you get a renewal, and what happens if we dont have what they want in 90 days (we probly wont be able to get it at al) and for a work permit do you have to have work first or can you get the permit first.....

 

[mrs B]

To Godblesswife, My Husband is with me, problem is if we cannot get pr for him we will have to go back to the Netherlands (Ihave been here 27 yrs)

 

[Aroundtown22]

We sent our application through the outland process and is going through Berlin. I am hoping that they have seen these records before and don't have an issue with it but I guess we'll wait and see...

 

[justina]

To Robsluv
Thank you for your great response, I read all those pages and in them it clearly states that if an ex spouse will not get kids to do a medical ect imm cannot refuse our appl also we are willing to sign anything that we will not be sponsering anyone in the future..
it might take us longer than 90 days to try to get any info they want,

My friend had to swear some declaration that he would never try to sponsor his child to come to Canada and that she was not at all interested. Same deal, bad relations. It delayed things a little but he was outland US and got here in 6 months. So take heart, there is proof it can work out from that aspect!!

 

[mrs B]

To Justina,
I wrote to vegreville saying we are willing to sign a declaration that we will not be sponsering anyone in the future, you think they will accept that,
and did they contact your friends ex or will they not go that far, cause this ex would love that, and create problems, so were hoping cic wont go that far, these are not little kids there 21 and 19. hope were as lucky as your friend and get PR

 

[mrs B]

To aroundtown....every one I have talked to says police reports from the Netherlands look like a copy, the woman in the Netherlands said that Canada Imm has been getting them for so many years and they have never had this problem....so who is doing our application at CIC..you wonder hey...and yes we do speak dutch