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Yana

Hero Member
Nov 10, 2011
405
2
Category........
Visa Office......
london office
Job Offer........
Pre-Assessed..
App. Filed.......
05 april 2013
Doc's Request.
November 24, 2015
AOR Received.
sponsorship rejection in july 2013
Med's Request
November 24, 2015
Med's Done....
January 05, 2016
Interview........
waived
Passport Req..
february 19, 2016 and passport submitted on February 23, 2016
VISA ISSUED...
case refused on 18 sept 2014 won appeal on july 31, 2015
my husband got this letter . Can anyone help me out what should we do now?

response from CIC:

this refers to your application and regret to advise that you are not ineligible sponsor for the following reason:
you are in default of a previous sponsorship undertaking. Your previously sponsored relative recieved social assistance benefits during the validity of the undertaking that u signed or co signed. As such you do not meet regulation R133(1)(g)(i). Pleas e refer to the Immigration and refugee protection regulations below for details

You indicated on your sponsorship application that you wish to continue with its processing regardless of any ineligibility. A such the application for permanent residence for your relative has been forwarded to a visa office abroad for consideration.

Your ineligibility to sponsor will be a significant factor in the assesment of the application for permanent residence for your relative . A final decision regarding that application shall be made by the visa officer and will be communicated to you and your relative. Instructions regarding the right to appeal will be issued as applicable by the visa office. please note that the right to appeal may only be exercised after the visa officer has rendered a final decision.
 
Sounds like your husband's previous sponsored PR relative whether it is his parents, or his ex wife has collected social assistance (welfare). You did not mentioned whether your husband has sponsored his parents or whether this is his second marriage to you and he has sponsored his previous wife.

So he cannot sponsor you for PR until this other previous sponsored relative stopped collecting welfare and your husband pay back the collected welfare back in full.

If it is his parents, he is responsible for them for 10 years since they landed. So at some point, they collected social assistance and thus he is not performing his obligation.

If it was his ex-wife, she may have collected welfare during the 3 year obligation or even 10 years depending on how long ago the ex-wife was sponsored.

Screech339
 
also, it's not recommended that you keep the application in play, as it will be rejected on the fact the sponsor is found ineligible. if you want to save your applicant processing fee, then withdraw the application and resubmit when you get everything else figured out. otherwise, you are bound to loose out on that money. The sponsor fee has already been processed, so you won't get that fee back.
 
I strongly agree with rhcohen2014. It is almost guaranteed that the application will be rejected.
 
I would withdraw because you will lose your money if the PR application is processed and rejected. That is a lot of money to lose when your chances of rejection are high since your sponsorship application has already been denied.

It is clearly stated that if you are in default of an undertaking you cannot sponsor.

Also, for the future there is a check box in the sponsor application that states you want your PR application returned if you don't meet the requirements for sponsorship and you get your PR application money back. All you lose is your sponsorship application fee since that is already processed.
 
Mariac819 said:
I would withdraw because you will lose your money if the PR application is processed and rejected. That is a lot of money to lose when your chances of rejection are high since your sponsorship application has already been denied.

The chances of refusal aren't high - they're guaranteed. A file can't be approved without sponsorship approval.
 
scylla said:
The chances of refusal aren't high - they're guaranteed. A file can't be approved without sponsorship approval.

I am aware.. I didn't tell them to leave the application :). But thank you for the correction.

Which gets me thinking, they should just automatically return it. There is no point in forwarding the application except to make money off rejections.
 
Hi


Mariac819 said:
I am aware.. I didn't tell them to leave the application :). But thank you for the correction.

Which gets me thinking, they should just automatically return it. There is no point in forwarding the application except to make money off rejections.

1. That is why there is a check box, asking if you want to proceed if the sponsor is found not to be eligible. It is your choice whether you checked yes/no, CIC doesn't care. The $475 doesn't come close to the processing cost of an application.
2. Some sponsors want to proceed and then take their chances at an Appeal to the Refugee Appeal Division.
 
PMM said:
Hi


1. That is why there is a check box, asking if you want to proceed if the sponsor is found not to be eligible. It is your choice whether you checked yes/no, CIC doesn't care. The $475 doesn't come close to the processing cost of an application.
2. Some sponsors want to proceed and then take their chances at an Appeal to the Refugee Appeal Division.


I mentioned the checkbox in my original post.