Sponsorship denied but has a 1 year Visitor Record

[irishred]

Hi
I was just chatting with a fried of mine.
She applied to sponsor her UK husband....Inland
She just found out today that her application was denied
Her husband has a visitor record until Jan 2013
Can he stay here and they re-apply through London? Or will he have to leave?
As you can imagine she is very upset.
Thanks for any info you can provide

 

[belee1985]

There is no need in reapplying for sponsorship, as it will only be reassessed if his/her circumstances change. Given that there are no income requirements for sponsoring spouses, it could only have been denied if s/he is on welfare in Canada, has a family member that would cost too much for Canadian health care or if s/he has a criminal record, making the person inadmissible for permanent residence in Canada. In either case, this cannot be changed, so there is no use in reapplying.
As for the work visa, the person can still stay until the visa expires but the person will probably not get an extension, given that PR has been denied.

 

[pinklady]

You can re apply through London. And her husband will be able to stay on the visitor visa until January 2013.
They will have to correct the reason for refusal though otherwise they will get the same outcome applying outland.

Was it the sponsorship portion that was denied or the PR application?
Sponsorship can be denied if the sponsor is on welfare or if the IO cannot see how the couple plan to support themselves.

The refusal letter will state the reasons why.

If the reasons can be corrected there is no reason why they can't apply again outland asap.

By the by, applying outland is a much better route for people who are visa exempt anyway! Through london, the whole process can be completed in as little as 4-5 months.

 

[belee1985]

no, income has nothing to do with a refusal. I am a student, with NO income and my sponsorship got approved. There is no income requirements for spousal sponsorships, even though you are supposed to send them income information. My lawyer told me that and showed me the text in a massive book that he had on his shelf. And as I said, if the reason for denial is because of criminal background and/or welfare, then reapplying is not going to change it since it will still show that s/he has been on welfare and/or has a criminal record. Result: denied, once again...

 

[computergeek]

Without knowing the reasons it was denied, it is impossible to really provide much guidance on how to move forward. If the denial just arrived, the decision can be appealed, but there is a very narrow window for requesting judicial review of denial in an inland sponsorship case (as I recall, its 15 days.) In addition, this is a process in which an experienced attorney would be essential.

Another option would be to have the spouse apply in one of the other categories, such as FSW. If there are compelling H&C reasons, an H&C application can be filed (this would be appropriate if there were children involved, for example.) But H&C applications are very low-yield at best.

 

[pinklady]

I know there is no income requirement HOWEVER, if an IO thinks you won't be able to support yourself or your spouse and will go on welfare you can be denied. I have seen cases of this happening.

If the sponsor is currently on welfare, they can stop the payments, then apply again after a period of time.

I don't know much about criminal inadmissability.

 

[pinklady]

If the denial just arrived, the decision can be appealed,

You can't appeal an inland application, only outland.

 

[irishred]

Thanks /uys
She will have to wait for the letter and see what the reason is.
Its odd because she has no criminal history and has a full time job.

 

[scylla]

no, income has nothing to do with a refusal. I am a student, with NO income and my sponsorship got approved. There is no income requirements for spousal sponsorships, even though you are supposed to send them income information. My lawyer told me that and showed me the text in a massive book that he had on his shelf. And as I said, if the reason for denial is because of criminal background and/or welfare, then reapplying is not going to change it since it will still show that s/he has been on welfare and/or has a criminal record. Result: denied, once again...

FYI - We have actually seen a handful of refusals on this board due to no income (where the sponsor was not on welfare and not bankrupt). So regardless of what your lawyer told you, this can and does happen (albeit very rarely). CIC refused these applications because the spouse had no income and no way to support the applicant when he/she arrived - and because CIC also felt the applicant would also not have the means to support the couple once he/she arrived (due to language barriers, level of education, etc.).

 

[computergeek]

FYI - We have actually seen a handful of refusals on this board due to no income (where the sponsor was not on welfare and not bankrupt). So regardless of what your lawyer told you, this can and does happen (albeit very rarely). CIC refused these applications because the spouse had no income and no way to support the applicant when he/she arrived - and because CIC also felt the applicant would also not have the means to support the couple once he/she arrived (due to language barriers, level of education, etc.).

While true, the OP did not state that was the basis for the rejection. Without knowing why the application was rejected, all we can do is speculate (and reminisce about the prior reasons people have seen for rejections.)

 

[canadianwoman]

Thanks /uys
She will have to wait for the letter and see what the reason is.
Its odd because she has no criminal history and has a full time job.

Maybe he has a criminal record? Or the visa officer didn't believe the marriage was genuine. Let us know when they get the refusal letter, please.

 

[Amy612]

Hi
I was just chatting with a fried of mine.
She applied to sponsor her UK husband....Inland
She just found out today that her application was denied
Her husband has a visitor record until Jan 2013
Can he stay here and they re-apply through London? Or will he have to leave?
As you can imagine she is very upset.
Thanks for any info you can provide

Is you friend a PR or a notarized citizen? If so and if she did not mention her husband in her PR application, she can not sponsor him. If she was not married at that time, but she was in a conjugal relationship with him still she had to declare in her PR application. If this is the case, and she didn't declare that before, she can not sponsor him. They will verify the information.