what does it mean by "no appeal"?
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September 02, 2014, 04:21:02 pm
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Author Topic: what does it mean by "no appeal"?  (Read 1411 times)
yogini
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« on: February 23, 2012, 10:11:08 am »

So I read that if I try to apply Common-Law Sponsorship (Inland), if failed, I would lose the rights to appeal, what exactly does that mean?
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pinklady
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« Reply #1 on: February 23, 2012, 10:24:48 am »

If means if they refuse the permanent residency application and do not issue a visa you cannot appeal the decision.
Appealing means trying the get the decision changed.

You can only appeal the decision if you apply outland.
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yogini
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« Reply #2 on: February 23, 2012, 11:13:50 am »

Hi Thanks, I understand that, what i dont understand is, if i could re-apply (Inland) again right away the refusal? or there is no more chance to apply Inland in my lifetime???
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pinklady
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« Reply #3 on: February 23, 2012, 01:21:55 pm »

You can re apply, but the person being sponsored might have to leave the country unless they have valid status.
You should also only reapply if you can correct the reason for refusal.

But yes, you are free to reapply, just not appeal the decision.
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PMM
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« Reply #4 on: February 23, 2012, 04:01:39 pm »

Hi


Hi Thanks, I understand that, what i dont understand is, if i could re-apply (Inland) again right away the refusal? or there is no more chance to apply Inland in my lifetime???

Suggest you read the definition of Res Judicata
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PMM
yogini
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« Reply #5 on: February 23, 2012, 04:05:45 pm »

Hi thanks for the reply. You mentioned "unless they have valid status", that might include "Visitor Satus" (by stating that the reason of extending Visitor visa is to Re-apply Common-Law Sponsorship-Inland? ) or "work permit" or "student visa" Huh? Smiley

I am still filling in all the forms that I need and I have just applied for extension of my Visitor Visa yesterday in order to apply for PR and OWP, i think it would take at least 2 months to get all the documents that I need. Just being stressed out and paranoid about everything.  Your reply does help to calm me down, knowing that we could still re-apply if anything went wrong.

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pinklady
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Category........: FAM
Visa Office......: London
App. Filed.......: 16-12-2010
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LANDED..........: 09-04-2011

« Reply #6 on: February 23, 2012, 04:08:14 pm »

Couldnt you apply outland? Just because your spouse is in canada doesnt mean you have to apply inland. I applied outland through London while on visitor status in Canada.
Where is your spouse from? The VO for their country may be faster than inland.
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yogini
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« Reply #7 on: February 23, 2012, 04:18:18 pm »

Hi there, we are going for Inland because I thought I must apply Inland if I want to live with my boyfriend in Canada? And if I apply Outland, I will have to go outside Canada to have interview, I have read something on CIC saying that I might be rejected to get in Canada again once I left for interview?Huh  It scares me that I might not be able to get back to Canada. I might have misunderstood it since English is not my native language. Please help me clarify.

My common-law/spouse/boyfriend is Canadian, he was born and raised in Canada. I am from Hong Kong. I am the applicant, he is the sponsor.....
He has been busy at work so i am doing most of the application stuff, but he will be able to help me out this week, so we could go through everything together.
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CharlieD10
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« Reply #8 on: February 23, 2012, 06:13:24 pm »

You cannot appeal a rejected Inland PR status application.  If you re-apply, you will be advised that the matter is "res judicata" or "already decided" and that you are barred from applying in that way again.

You may apply Outland via the Hong Kong visa office while residing temporarily in Canada.  If you support your application properly with proof of your relationship, you may not have to attend an interview at all. 
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Adjusting to Canada, one day at a time.
yogini
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« Reply #9 on: February 23, 2012, 06:51:45 pm »

Thank you very much Charlie,  :)I think my boyfriend and I will have to apply for outland then. Because:
1) Outland is faster.
2) I will have my rights to appeal.

We do have alot of proof and the records should be sufficient. Thank you for your help! Cheesy
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