+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445
Client Portal

Help needed please

C

coleman

Newbie
May 7, 2016
7
0
Hey

I am new to this site so please help my out[/b]

We applied for the inland spousal sponsorship on the 27th Jan 2016 and received a reply from cic on 28th March saying they received our application and it was currently being processed.
The issue is, we had an outstanding appeal application. the appeal was heard on the 11th April and we won the appeal. To date we have neither heard from the courts nor cic with regards to us winning the appeal and next steps nor have we heard from cic with regards to our inland application
We am getting a little worried because when we call cic they only say the application is being worked on and we should hear from them soon.

My question is, have these two applications being merge or are we going to receive an open work permit for my spouse and process the other separately.

Secondly he came on the 28th December which means as on 28th June he would have been 6 months. do we need to extend his visa since the requirement is we extend this as of the 28th May.

thirdly since we applied thru the London office, is it advisable for her to returns to London and wait for the next step.
I read on this site that it might take over 3 - 6 months before it is all finalised.
Should she return to the UK or just stay here with me
 
coleman said:
Hey

I am new to this site so please help my out[/b]

We applied for the inland spousal sponsorship on the 27th Jan 2016 and received a reply from cic on 28th March saying they received our application and it was currently being processed.
The issue is, we had an outstanding appeal application. the appeal was heard on the 11th April and we won the appeal. To date we have neither heard from the courts nor cic with regards to us winning the appeal and next steps nor have we heard from cic with regards to our inland application
We am getting a little worried because when we call cic they only say the application is being worked on and we should hear from them soon.

My question is, have these two applications being merge or are we going to receive an open work permit for my spouse and process the other separately.

Secondly he came on the 28th December which means as on 28th June he would have been 6 months. do we need to extend his visa since the requirement is we extend this as of the 28th May.

thirdly since we applied thru the London office, is it advisable for her to returns to London and wait for the next step.
I read on this site that it might take over 3 - 6 months before it is all finalised.
Should she return to the UK or just stay here with me
Click to expand...

Your statements are ALL contradictory to one another.

If you have an Inland application, what is on appeal?

Is your spouse a he or a she?

Why would you apply for an OWP and then leave the country? If you do that, then your OWP will be denied and likely your inland sponsorship as well, since the sponsored spouse is supposed to be IN Canada ....
 
To the best of my knowledge you can't submit a second spousal sponsorship application if you have a first that is in the appeal process. I would expect the second is going to be refused for that reason once CIC starts reviewing it.

Agreed that many of your statements are extremely confusing. If you applied inland, it's not going to be processed through London and certainly won't take 3-6 months (more like 2 years).
 
Why was your first application refused? Is she a UK citizen? Why would you apply again if you won the appeal?
 
sorry if my statement was a little confusing

we applied for a common law in 2014 and in 2015 this was refused on the grounds that we did not have any reasons not to get married.

We appealed against this decision and this is the appeal which we subsequently won

In 2016 we go married in Toronto and sent a second application under the inland process.

Hope this helps
 
I don't think CIC will process your second application while your first appeal is still in progress.
 
thanks for the information

since cic sent us an acknowledgment on 28th March (inland application) and the appeal was heard and won on the 11th april. (old common law application)

we should make an assumption that both applications have been merged.

In this case any idea of what is likely to be the time lines and since the spouse is in Canada can they travel and return.
 
coleman said:
thanks for the information

since cic sent us an acknowledgment on 28th March (inland application) and the appeal was heard and won on the 11th april. (old common law application)

we should make an assumption that both applications have been merged.

In this case any idea of what is likely to be the time lines and since the spouse is in Canada can they travel and return.
Click to expand...

They don't merge applications. They probably just haven't figured out yet that you have to applications in the system. At least that's what I believe.

Inland application processing times are around two years. You are supposed to remain in Canada for the duration of application processing. If for any reason you leave and cannot return, this cancels the inland application. It's unlikely someone from the UK would be denied entry - but technically anything is possible.
 
so should we inform cic that we have two applications or should we just leave it

is it advisable to withdraw the in land one and allow the one with the appeal to be followed up and wait for that

when we check our inland application on cic website it says

- we received your application on 27th Jan
- we sent you correspondence on the 29th march
- we started working on your application on the 28th march

I am now confused on the way forward and what we should do now
 
They will not have merged the applications. At the moment it seems both are progressing. I would withdraw the inland application; if the outland gets refused again, I would just reapply outland. You could just wait and see what will happen with the inland application for now.
The outland application that was refused: since you won the appeal, it will be sent back to the visa office to continue processing. They cannot refuse you for the same reason, but they can refuse for a different reason. Was one of the reasons you won because you got married? If that was not mentioned in the appeal, I think you should send proof you got married to the visa office to be added to your application.
The processing after winning an appeal can still take some time, sometimes longer than a new application.
I suggest you order your GCMS notes to see what is going on with the outland application. You could also go to your MP's office to see if they can get some information or help you.
 
the main reason for the refusal was that we did not have any reason not to be married

We also think the main reason for winning the appeal was that we are now married and can show our commitment to the relationship.

saying the process after winning the appeal can take a lot longer than a new application is a little scary to us.

we are just very confused now with what our next step should be and what time lines should we be thinking of

should we go ahead and send additional documents to the London office or wait until we hear from the IAD and cic before we do any thing next
 
coleman said:
the main reason for the refusal was that we did not have any reason not to be married

We also think the main reason for winning the appeal was that we are now married and can show our commitment to the relationship.

saying the process after winning the appeal can take a lot longer than a new application is a little scary to us.

we are just very confused now with what our next step should be and what time lines should we be thinking of

should we go ahead and send additional documents to the London office or wait until we hear from the IAD and cic before we do any thing next
Click to expand...
If you won the appeal i think it is better to withdraw the inland application because there is no need for it anymore.
In all cases you will hear from cic about your outland application before the inland one
 
coleman said:
the main reason for the refusal was that we did not have any reason not to be married
Click to expand...

Common-law apps aren't refused for that reason. If they were going to refuse common-law applicants for not getting married, there would be no point in even having the common-law stream.

Did you apply as conjugal?
 
OK, that makes sense. The visa office knows you are married, right? They will have the results of the appeal that will show you are married, but if they do not have a copy of your marriage certificate, I would send it to them.

It is impossible to know how much longer it will take. I would try asking your MP's office for advice. Some MPs are very helpful, and can get an answer from CIC where we cannot.
 
You must log in or register to reply here.