Andrew or Jim - Please

Old Oct 30th 2006, 6:30 am
  #1  
TFI
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Default Andrew or Jim - Please

Hey Jim or Andrew,

This is TFI's wife let us know if you have any thoughts on this case:

I am a Canadian citizen by birth and I am contacting you regarding my husband, he is a dual British and Irish citizen. We have been in a relationship for over six years and have been married for five years. Since 2004 I have been residing in the U.K. with my husband and my two children (both also Canadian born citizens) (We left Canada in 04 when my husband got a 1 year exclusion for overstaying a visitor visa). We returned to Canada in September of this year, my husband is on a six month visitor visa.

On March 17th of this year, I mailed a family class sponsorship application to CIC-Mississauga, which according to CIC entered processing and received approval to sponsor on May 2nd (a total of one day). The sponsorship application was then mailed to the CHC visa office in London, England, where it entered their processing stage on May 12th.

Our case is relatively simple, a Canadian citizen sponsoring a British/Irish citizen; we provided all criminal/medical checks, paid all our fees upfront and performed any other tasks that CHC stated would expedite the process. (We have only ever lived in Canada & the United Kingdom, so the background checks should not be time consuming).

Despite this, we have still had no contact from CHC-London, six months after processing began. During this time we have watched numerous other family class applicants (spousal, common-law & conjugal) who applied after us receive passport requests. The CHC state on their website that all cases are processed in chronological order. We understand that every case is judged on its individual merit; however some applicants have not even sent in all police checks.

In the past few weeks we have made several attempts to contact CHC to find out why we have not yet received a passport request, including letters/faxes/emails and even requested our MP contact them, as yet we have had no reply.

When I applied to move the U.K., the British government issued my visa within twenty minutes; the Irish government granted me Citizenship within nine months based on our marriage. I cannot express how disappointed I am that my country is incapable of granting my husband permanent residence or even responding to us, after 5 years of marriage and six months of processing. (I should add that due to the wait my husband has had to refuse several job offers while he waits for his P.R., thus finically hurting our family).

Can either of you experts give us any clue as to what the hold up might be?
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Old Oct 30th 2006, 7:50 am
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Default Re: Andrew or Jim - Please

The only thing that may hold things up now are background and security checks, providing that there is no criminal record. If MP contacted CIC and still got no reply then either (1) visa post lost file and are trying to find it or (2) there are some serious security matters that need to be checked and cleared before anything can happen.



Originally Posted by TFI
Hey Jim or Andrew,

This is TFI's wife let us know if you have any thoughts on this case:

I am a Canadian citizen by birth and I am contacting you regarding my husband, he is a dual British and Irish citizen. We have been in a relationship for over six years and have been married for five years. Since 2004 I have been residing in the U.K. with my husband and my two children (both also Canadian born citizens) (We left Canada in 04 when my husband got a 1 year exclusion for overstaying a visitor visa). We returned to Canada in September of this year, my husband is on a six month visitor visa.

On March 17th of this year, I mailed a family class sponsorship application to CIC-Mississauga, which according to CIC entered processing and received approval to sponsor on May 2nd (a total of one day). The sponsorship application was then mailed to the CHC visa office in London, England, where it entered their processing stage on May 12th.

Our case is relatively simple, a Canadian citizen sponsoring a British/Irish citizen; we provided all criminal/medical checks, paid all our fees upfront and performed any other tasks that CHC stated would expedite the process. (We have only ever lived in Canada & the United Kingdom, so the background checks should not be time consuming).

Despite this, we have still had no contact from CHC-London, six months after processing began. During this time we have watched numerous other family class applicants (spousal, common-law & conjugal) who applied after us receive passport requests. The CHC state on their website that all cases are processed in chronological order. We understand that every case is judged on its individual merit; however some applicants have not even sent in all police checks.

In the past few weeks we have made several attempts to contact CHC to find out why we have not yet received a passport request, including letters/faxes/emails and even requested our MP contact them, as yet we have had no reply.

When I applied to move the U.K., the British government issued my visa within twenty minutes; the Irish government granted me Citizenship within nine months based on our marriage. I cannot express how disappointed I am that my country is incapable of granting my husband permanent residence or even responding to us, after 5 years of marriage and six months of processing. (I should add that due to the wait my husband has had to refuse several job offers while he waits for his P.R., thus finically hurting our family).

Can either of you experts give us any clue as to what the hold up might be?
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Old Oct 30th 2006, 8:15 am
  #3  
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Default Re: Andrew or Jim - Please

Originally Posted by Andrew Miller
The only thing that may hold things up now are background and security checks, providing that there is no criminal record. If MP contacted CIC and still got no reply then either (1) visa post lost file and are trying to find it or (2) there are some serious security matters that need to be checked and cleared before anything can happen.
Visa Post lost the file? WTF??? ... Okay, deep breaths, I've never had a problem with the law in my life, never convicted of any crime or accused of any crime. All Police checks, U.K & Canada, came back showing "Nothing in our Records pertaining to Mr.TFI"

So going on the 'assholes lost it theory'.....Is there anything I can do to get them to at least acknowledge my existence?
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Old Oct 30th 2006, 8:26 am
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Default Re: Andrew or Jim - Please

Originally Posted by TFI
Visa Post lost the file? WTF??? ... Okay, deep breaths, I've never had a problem with the law in my life, never convicted of any crime or accused of any crime. All Police checks, U.K & Canada, came back showing "Nothing in our Records pertaining to Mr.TFI"

So going on the 'assholes lost it theory'.....Is there anything I can do to get them to at least acknowledge my existence?
The problem with the present spousal sponsorship procedures is that you submit everything they need up front. Sooo, they have no need to contact you and normally would not interview your husband. The procedures take about 6 months or sometime longer so your case is well within the norms. Visa offices do not often lose files although it does happen when an officer puts one in his desk drawer and goes away on vacation but that is infrequent to say the least. The result is a longish "dead" period while they process and you get more and more antsy because you have no contact over a period of months. I would relax as there does not seem to be any problem with the application and the only possible one would be the security check. My advise - relax.
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Old Oct 30th 2006, 8:35 am
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Default Re: Andrew or Jim - Please

Originally Posted by Jim Humphries
The problem with the present spousal sponsorship procedures is that you submit everything they need up front. Sooo, they have no need to contact you and normally would not interview your husband. The procedures take about 6 months or sometime longer so your case is well within the norms. Visa offices do not often lose files although it does happen when an officer puts one in his desk drawer and goes away on vacation but that is infrequent to say the least. The result is a longish "dead" period while they process and you get more and more antsy because you have no contact over a period of months. I would relax as there does not seem to be any problem with the application and the only possible one would be the security check. My advise - relax.

Well just to ask, any reason why u think my security check would be a problem, as I've never had a criminal/legal problem EVER?

I'm getting antsy yes, but It's just that it seems that people who applied weeks ago are getting visas, while I am having to refuse jobs and been waiting months?
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Old Oct 30th 2006, 8:53 am
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Default Re: Andrew or Jim - Please

Originally Posted by TFI
Well just to ask, any reason why u think my security check would be a problem, as I've never had a criminal/legal problem EVER?

I'm getting antsy yes, but It's just that it seems that people who applied weeks ago are getting visas, while I am having to refuse jobs and been waiting months?

I guess I did not make it clear that I see no problem with your security check, but they do take a few months and cannot be avoided. Also, during the Summer temporary residence and student authorization applications increase greatly somewhat delaying things a little beyond the average.
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Old Oct 30th 2006, 9:20 am
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Default Re: Andrew or Jim - Please

Criminal/legal problems, if any, apply only to criminal chack, not to security check.

Please search in this forum for "security check" and you'll find at least a dozen or so explanations of what security check is posted by myself here in past several months.

Ask your husband if he has ever been involved or been in any way associated with anyone in IRA or someone connected in any way to it or to other similar or terrorist group anywhere in the world.

If yes then it would explain delays in process if caused by security concerns.

If it is not caused by security check then file has been misplaced or process is delayed for other reasons.


Originally Posted by TFI
Well just to ask, any reason why u think my security check would be a problem, as I've never had a criminal/legal problem EVER?

I'm getting antsy yes, but It's just that it seems that people who applied weeks ago are getting visas, while I am having to refuse jobs and been waiting months?
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Old Oct 30th 2006, 9:30 am
  #8  
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Default Re: Andrew or Jim - Please

Originally Posted by Andrew Miller
Criminal/legal problems, if any, apply only to criminal chack, not to security check.

Ask your husband if he has ever been involved or been in any way associated with anyone in IRA or someone connected in any way to it or to other similar or terrorist group anywhere in the world.

If yes then it would explain delays in process if caused by security concerns.

If it is not caused by security check then file has been misplaced or process is delayed for other reasons.
My husband has never known anyone who (to his knowledge) was involved with / part of / or even remotely interested in terrorism and the closest he ever got to spying or espionage is watching the James Bond marathon on boxing day. So that should rule out security concerns.

If it's a misplaced file / or "other reasons" is there anything we can do to find out?
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Old Oct 30th 2006, 10:07 am
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Default Re: Andrew or Jim - Please

Originally Posted by TFI
My husband has never known anyone who (to his knowledge) was involved with / part of / or even remotely interested in terrorism and the closest he ever got to spying or espionage is watching the James Bond marathon on boxing day. So that should rule out security concerns.

If it's a misplaced file / or "other reasons" is there anything we can do to find out?
You could apply for the CAIPS notes to see what remarks exist in the file.
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Old Oct 30th 2006, 11:48 am
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Default Re: Andrew or Jim - Please

Originally Posted by Jim Humphries
You could apply for the CAIPS notes to see what remarks exist in the file.
Would my 1 year exclusion in 2004 cause a delay in processing?
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Old Oct 30th 2006, 12:19 pm
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Default Re: Andrew or Jim - Please

Originally Posted by TFI
Would my 1 year exclusion in 2004 cause a delay in processing?
They will have the inland immigration computer system notes and information. A simple overstay should not make much difference in the processing time.
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Old Nov 20th 2006, 10:24 pm
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Default Re: Andrew or Jim - Please

Originally Posted by Jim Humphries
They will have the inland immigration computer system notes and information. A simple overstay should not make much difference in the processing time.
If an overstay would not make any difference, any idea what would, because we are lost, and yes I know Jim has stated before that London can take up to 8 months and beyond, so our 6 plus months is not unusual, however...

There is no such thing as "Current Processing Times" and judging against the cases of others on this board are all we have to go on, so if people who applied in the same class as us (and lived in multiple places) are getting PPRs before us that indicates to me that there is an issue with our case, however CHC still will not respond to correspondence. Other than letting the MP know we had a Nov 5th BF'd? Which as Andrew has stated b4 may mean nothing at all.

It's weird, people who applied the same week as us have already been called for interviews and had PPRs, while we have heard nothing?
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