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Author Topic: Withdraw or appeal or what?  (Read 509 times)
Grudi
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Posts: 6
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« on: December 21, 2011, 09:55:43 pm »

I was refused sponsorship because of default on previous sponsorship agreement (ex spouse collected welfare without my knowledge)
Documents were sent to corresponding visa office for PR processing. Meanwhile I manage to pay my dept in full and submit clearance papers both to CPC Mississauga and Visa office hoping they will take it in consideration and continue with the application.Unfortunately they sent me this yesterday:     


"Dear Sir.
 
We have been notified by CPC Mississauga that they cannot change their sponsorship determination as the confirmation of repayment is dated 15NOV2011, after  their determination dated 16AUG2011. As such, you, as sponsor, can either withdraw this sponsorship and submit another or wait for our decision (refusal under IRPA Regulations 120 and 133g) and than go to Appeals.
Kindly advise our office if you wish to continue the processing of the current application. If you decide to withdraw this sponsorship and submit another one, kindly advise CPC Mississauga accordingly."


Anybody has an idea how to deal with the situation. How to deal with this not willing to cooperate visa officer. Why reapplying when reason for refusal has been taken care of. Why starting from scratch and waiting so many months again.
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jamaicanincanada
Star Member
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Posts: 94
Ratings: +3
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 21-04-2011
AOR Received.: 03-08-2011
File Transfer...: 24-05-2011
Med's Done....: 01-03-2011
Passport Req..: 28-10-2011
VISA ISSUED...: 10-11-2011
LANDED..........: 10-11-2011

« Reply #1 on: December 21, 2011, 11:50:23 pm »



Anybody has an idea how to deal with the situation. How to deal with this not willing to cooperate visa officer. Why reapplying when reason for refusal has been taken care of. Why starting from scratch and waiting so many months again.

Because the decision was made before you repaid the welfare payments. Its probably just better to withdraw the application and just reapply. God only knows how long that appeal that they are talking about will take if you decide to go the appeal route.
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SweetG
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Posts: 49
Ratings: +0

« Reply #2 on: December 21, 2011, 11:54:51 pm »

I agree with above statement....if you can gather all your info again and resubmit, withdraw and do it again....you loose about 2months...instead of 6months to 1yr with appeal....
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Grudi
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Posts: 6
Ratings: +0

« Reply #3 on: December 22, 2011, 07:56:18 am »

Reapplying would be faster than appeal. Before I take that road should I get my MP involved and try to get them to accept the fact sponsorship problem is fixed
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sidkrose
Hero Member
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Posts: 323
Ratings: +8
Category........: FAM
Visa Office......: Berlin
App. Filed.......: 26-07-2011
AOR Received.: 24-10-2011
Med's Done....: 08-07-2011
Interview........: Waived
Passport Req..: 15-11-2011
VISA ISSUED...: 25-11-2011
LANDED..........: 10-12-2011

« Reply #4 on: December 22, 2011, 01:55:09 pm »

Reapplying would be faster than appeal. Before I take that road should I get my MP involved and try to get them to accept the fact sponsorship problem is fixed

I'm not sure that an MP could do anything, since the decision has already been made. I would would re-submit.
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Spousal sponsorship, common-law category
canadianwoman
Champion Member
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Posts: 2856
Ratings: +89
Category........: FAM
Visa Office......: Accra, Ghana
App. Filed.......: 30-01-2008
Interview........: 05-05-2009

« Reply #5 on: December 22, 2011, 04:57:56 pm »

I would just reapply. You would probably win the appeal, but waiting for the appeal can take a year or more, and then the application has to start processing again, which can take longer than a new application. Unless your application was sent to visa office with an extremely long wait time (such as Accra, Nairobi, or Islamabad), it would be faster to just reapply.
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Misplaced Brit
Star Member
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Posts: 132
Ratings: +9
Category........: FAM
Visa Office......: Vegreville
App. Filed.......: 22/10/2010

« Reply #6 on: December 23, 2011, 04:23:56 am »

I would just withdraw and reapply if I were in your shoes.  That way, you lose maybe a couple of months as opposed to a year or more if you decide to appeal ... and don't forget, if you lose the appeal, you'd have to start all over again anyway.
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visita44
Star Member
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Posts: 184
Ratings: +4
Category........: FAM
Visa Office......: Vegreville
App. Filed.......: Mar 4, 2011
Med's Done....: Jan 27, 2011
Interview........: Mar 13, 2012
LANDED..........: Mar 13, 2012

« Reply #7 on: December 24, 2011, 06:30:04 pm »

I would just withdraw and reapply if I were in your shoes.  That way, you lose maybe a couple of months as opposed to a year or more if you decide to appeal ... and don't forget, if you lose the appeal, you'd have to start all over again anyway.

Sometimes it's just better to follow the suggestion of the immigration to withdraw and apply again specially if you are the one who committed the mistake of applying with a default. Are they giving you a refund from you application fees ?
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Grudi
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Posts: 6
Ratings: +0

« Reply #8 on: December 25, 2011, 10:30:03 am »

Not sure about refund of the fees.I presume if not application is withdrawn they will issue a refund. Anybody has experience with MP office. I know they are always very polite and helpful but what about any results?
Are they just trying to keep us happy or actually doing anything for real.

Thank you
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