IMM1344 (application to sponsor) - appeal right? |
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valy79
Junior Member Joined: 12 Aug 2010 Status: Offline Points: 111 |
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Posted: 13 Oct 2010 at 5:58pm |
Hi there,
I have one last question before I am going to submit my application (hopefully). The first question on IMM1344 - "What do you want to do if you are found ineligible to sponsor - withdraw sponsorhip or proceed wiht application" Does that have anything to do with our right to appeal? Let's say if we check the box for "withdraw the sponsorhip", we won't have the right to file an appeal? |
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RobsLuv
Senior Member Joined: 04 Dec 2009 Location: Canada Status: Offline Points: 745 |
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No, it has nothing to do with your right to appeal a refusal. Actually, for a sponsorship application, there is no point in asking that the application continue on to assessment of the applicant if the sponsor is found ineligible - because, without an eligible sponsor, an applicant cannot be approved and the application will be refused, period. It's better to "withdraw the sponsorship" so that the fees (less the $75 sponsorship fee) are refunded and you get the application back right away to deal with whatever problem is making the sponsor ineligible - and then resubmit. If the ap goes to the overseas embassy for processing of the applicant anyway, it will months and months of delay with the inevitable outcome of refusal. The sponsor could appeal the refusal - but on what grounds if it was the sponsor's ineligibility that caused the refusal rather than some ineligibility or inadmissibility on the part of the applicant? An appeal in that instance would almost certainly fail.
Edited by RobsLuv - 13 Oct 2010 at 8:36pm |
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3/2007-applied
1/2008-Refused 12/2008-ADR failed 1/2010-Appeal allowed 4/2010-In Process(Again) 5/2010-request FBI/meds 8/2010-FBI recd 11/30/10-APPROVED! 1/31/11-LANDED! |
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valy79
Junior Member Joined: 12 Aug 2010 Status: Offline Points: 111 |
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Thanks RobsLuv, makes complete sense! We'll do it that way...
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