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Procedural Fairness

Discussion in 'Family Class Sponsorship' started by Restrec, May 5, 2019.

  1. OWP is due October 2020. One thing that comes to mind is :If she has been refused, that's the end of the Inland Sponsorship process, fini, which means she is not tied up as before when this process was in place to the restriction of not leaving the country right ? Now she becomes the typical tourist visa holder whose visa expires in 2025 who wants to return to Canada to visit her husband who is precisely by her side as the two are traveling together. The officer could give her a 6 month permit, which is not bad given the fact that once in Canada we are sending a new application together with a Extend your Stay form. Thanks
     
  2. We can even carry the refusal letter showing the officer one of the last paragraphs that says: "Should you wish to reapply you will be required to submit a new application and pay a new processing fee.".
     
  3. Hi Canuck78. Any thoughts ? Can the other veteran members give his or her opinion about this ? Thanks very much.
     
  4. Gave my thoughts. Genuinely unsure whether the OWP gets cancelled. Usually visas don’t get cancelled. Medical coverage is dependent on more things so dependent on where you live, like Alberta, you get coverage through marriage.
     
  5. Hi Canuck78: You gave me your thoughts thank-you for that but you did not comment on what I wrote afterwards which is "One thing that comes to mind is :If she has been refused, and invited to reapply that's the end of the Inland Sponsorship process, fini, which means she is not tied up as before when this process was in place to the restriction of not leaving the country right ? Now she becomes the typical tourist visa holder whose visa expires in 2025 who wants to leave Canada for one month or 3 wks and return to Canada , both trips with her husband who is precisely by her side as the two are traveling together. The officer could give her a 6 month permit, which is not bad given the fact that once in Canada we are sending a new application together with a Extend your Stay form" If she applies INLAND or OUTLAND after her arrival back to Canada that's up to her, but if she has an OWP until October 2020 she has status to leave and come back to reapply All she wants to do is visit her very sick mother. I hae read in this forum that whatever status the person has when refused inland continues until its due date. Please respond.
     
  6. There is always a risk in leaving and returning to Canada because you sponsorship has been denied and your wife had been in the country on visitor status or OWP waiting for her PR. Does she have a job? If you do get questioned you could say that you were visiting a sick relative (bring a little proof) and you intend to send in your application right after you land but you have paid for the sponsorship and show the receipt. Best ad I’ve. I am not a lawyer so I will let others comment.
     
  7. Thanks a lot. Very helpful. Hopefully others can comment.
     
  8. you should apply first and then go? if it’s possible..
     
    melito likes this.
  9. II think t all depends if she goes INLAND in which case leaving is more questionable. OUTLAND not so much..
     
  10. Expert guidance required once again...

    Procedural Fairness letter received this morning for Proof of cohab since 5th march 2019. (original file received date)

    My wife is working on a project in Vancouver and then visited me in Toronto on March 28th -April 20th.

    Then she came back May 17th - and since then we are together as i moved from Toronto to Vancouver with her ..

    We have :
    1. Joint bank statements showing Toronto address till June and Vancouver address since july

    2. Lease agreement for Vancouver since July

    3. BC health cards showing Vancouver address

    4. My drivers licence showing Vancouver address.

    5. My Canadian citizenship letter showing Vancouver address.

    6. My toronto lease agreement showing me living at the same address since 2017.

    7. I have a copy of Ontario drivers licence showing the same toronto address.

    8. Me and my wife’s Notice of assessments of 2018 showing same toronto address.

    9. All our Visa/ Amex card statement consistent with Toronto Address till JUne and Vancouver address since july.

    10.Cell phone bills consistent with Toronto Address till June and Vancouver Address since July.

    11. Home internet bills for Vancouver since July..

    And besides this i am planning to write an explanation with flight tickets for travels.

    Any expert reviews if these are enough to explain?
     
  11. You didn't actually live together for about 2 months and therefore do not meet the inland requirement of continuous cohabitation. You might get a nice VO who allows it or you might get a not nice VO who doesn't. No one here can say for sure.
     

  12. alrighty!!.. any inputs on what is the outcome if Not-so-nice-VO allows the positive result? just a decline? or hopefully not a ban or something???
     
  13. No ban, just a refusal. As you now live together full-time, you could just update your app and reapply right away, ensuring continuous cohabitation through the entire process.
     

  14. okay... thanks for your time mate!!.. should i consult a lawyer before a response? or because i feel its straight forward.. (as we changed addresses).. i should revert them with new documents?
     
  15. No need to consult a lawyer. Send your docs with a solid explanation for the breaks in cohabitation and stressing that you are now cohabiting continuously with no further breaks.
     

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