Question 1 IMM1344 Form

[Saffy]

If you are found ineligible to sponsor, indicate whether you want to:

a.) Withdraw your sponsorship application

or

b.) Proceeed with the application for permanent residence


Which do I chose? If i choose proceed with permanent residence application, does it mean that they will still look at the application for my husband to come to canada? I am confused.

 

[CharlieD10]

It's up to you.

Yes, if you choose to proceed with the PR portion of the application even if you are found ineligible to sponsor, they will still assess your husband. However, without an eligible sponsor, he will be denied because this is a Family Class application, and there must be an eligible sponsor for these. With that said, you would then have the chance to appeal the denial, and if you corrected whatever caused the ineligibility by the time the appeal is heard, the appeal could be allowed and the file would go back to the visa office for continued processing.

If you choose to withdraw if you are found ineligible, you would then have to correct whatever caused you to be found ineligible and re-submit your application. You would lose your $75.00 sponsor fee and have to pay this again when you re-submit.

 

[canadianwoman]

Yes, if you choose to proceed with the PR portion of the application even if you are found ineligible to sponsor, they will still assess your husband. However, without an eligible sponsor, he will be denied because this is a Family Class application, and there must be an eligible sponsor for these.

Usually people choose a) - withdraw the application. Then they see why they were refused as sponsors, correct this problem, and reapply. This will cause a slight delay.

If you choose b) the application will be processed, denied, then you can appeal. All this can take years.

Usually a) is the best option. b) is the correct option if the sponsor knows he/she will be refused (on welfare, etc.), but is hoping the marriage will be considered genuine. They can then ask for humanitarian and compassionate considerations at the appeal. and might win. For humanitarian and compassionate considerations to come into play, there should be a child involved.