Previous Undertaking no longer in effect Sponsorhsip application will be refused

[ASyed]

Hi,

I've been found inelgible as per my notes but my husbands application has still been transfered to Islambad because I ticked the box. Their has been work done on it up until last year April 2014. The reason for my inegibilty no longer effects me.

Apparently a letter was sent to me Dec 27 as per my ECAS but I never received it. I'm assuming the letter was pertaining to the following concern

Due to previous undertaking that was not completed at that time of application submission (Sept 27 2012) but now is completed (Dec 7 2012)

I was not aware that the undertaking was still ongoing because I had no contact with him. This is an honest error on my part. I was married for 9 years and we had no children. So I started a new life and have a beautiful daughter with my understanding husband.

We were separated Oct 2010 and finally divorced May 2012. I submitted a new application for my current husband Sept 2012. We also had a daughter Sept 2012. Ex husband no children (he wasn't able to have)

Now there's this new law that came out in Mar 2012 about not being allowed to sponsor for 5 years. Well my 5 years end this Dec 2014

As per notes they are investigating previous undertaking which is no longer affiliated with me
CHC OTT transferred my file Dec 2012 to Islamabad because on IMM1344

If you are found ineligible to sponsor indicate whether you want to:
I checked off the
Proceed with the application for permanent residence. Processing Fees will be retained.



Question - Do I email CHC and ask them to cancel sponsorship and I will re sponsor husband in Dec 2014. Even though we have wasted 17 months of precious family time?

OR

Do I wait it out and see if they refuse my case and then appeal?

OR

Do I send a letter with additional information to fight for my family to remain togther?

I'm so fustrated with this whole process and because I love my husband so much and do not want my 17 month old daughter effected by this nightmare. For her to have live without her dad for so many years is just not fair.

I'm not giving up without a fight.

Any assistance in this matter would be greatly appreciated. Any comments will be welcome.

ASyed :'( :-[ :-\

 

[scylla]

Can you first clarify your past history? Did you sponsor your first husband for PR or did he sponsor you? Which one of you was the sponsor and which the applicant?

If you sponsored him, then the 5 year rule doesn't apply to you - it only applies to him since he was the applicant / person sponsored.

 

[scylla]

I looked up your old posts. I think you're a Canadian citizen by birth - which would mean that you sponsored your first husband. If that's correct, then the 5 year rule doesn't apply to you because you were the sponsor (rather than the applicant).

 

[elmatador]

The undertaking is valid for 3yrs from the time your ex got his PR. Did you submit the app within the three years?

 

[elmatador]

This is not exactly the same as your case but in this case the applicant was inadmissible to Canada for 2 years. This applicant applied while he was inadmissible to Canada. The judge then allowed the appeal because although the application was filed within that period, the appeal was after the two year period elapsed.

I am not sure about the appeal process and how long it would take to get a date but given that it has already been 17months I would appeal. Please talk to a good immigration lawyer about this though. You may have an option to file for appeal while it is in process? I am not sure though.

http://immlawyer.blogs.com/files/amandeep-kaur-sohal-ta8-04950.pdf

Also, remember that Case Law plays a huge role in a judge's decision. If your previous undertaking is over now there should be an excellent chance of winning the case because the undertaking is not valid anymore.

Did your ex go on welfare or anything?

 

[ASyed]

Can you first clarify your past history? Did you sponsor your first husband for PR or did he sponsor you? Which one of you was the sponsor and which the applicant?

If you sponsored him, then the 5 year rule doesn't apply to you - it only applies to him since he was the applicant / person sponsored.

Hi Scylla,

No I sponsored my first husband.

ASyed

 

[ASyed]

I looked up your old posts. I think you're a Canadian citizen by birth - which would mean that you sponsored your first husband. If that's correct, then the 5 year rule doesn't apply to you because you were the sponsor (rather than the applicant).

Hi Scylla,

No I sponsored my first husband. And yes I and my daughter are both Canadian by birth. Thank you so very much for the postive news. Greatly appreciate your comments.

ASyed

 

[ASyed]

The undertaking is valid for 3yrs from the time your ex got his PR. Did you submit the app within the three years?

Hi elmatador,

Previous undertaking completed Dec 7 2012 and I applied for new undertaking Sept 27 2012.
I applied 2 months 10 days to early. Yes it was submitted within the 3 years.

ASyed

 

[ASyed]

This is not exactly the same as your case but in this case the applicant was inadmissible to Canada for 2 years. This applicant applied while he was inadmissible to Canada. The judge then allowed the appeal because although the application was filed within that period, the appeal was after the two year period elapsed.

I am not sure about the appeal process and how long it would take to get a date but given that it has already been 17months I would appeal. Please talk to a good immigration lawyer about this though. You may have an option to file for appeal while it is in process? I am not sure though.

http://immlawyer.blogs.com/files/amandeep-kaur-sohal-ta8-04950.pdf

Also, remember that Case Law plays a huge role in a judge's decision. If your previous undertaking is over now there should be an excellent chance of winning the case because the undertaking is not valid anymore.

Did your ex go on welfare or anything?

The undertaking has not been valid for the past 14 months. Jazak Allah Thank you for your reponse. I feel more postivie now. No as far as I know he never went on welfare because his brother has his own house in Brampton Canada and they are pretty well off. The only concern after 9 years of marriage was that he could'nt have children hence the divorce.

I had my daughter with 2nd hubby within 15 months of my marriage. In Sha Allah she will be of assistance as children are very important to the Canadian government. But as you advised I will in sha Allah consult a lawyer upon my return to Canada next month.

Thank you once again.

ASyed