Reapplying after denial - Spousal

[rakakatoofaan]

Hi,

My post is going to be long, so please bear with me.

Background:
I used to live in the US and my wife also lived me when, I sent in the application for Out-land based application, in March 2018, from US. A lawyer suggested that, I can do that, as I had intent to move to Canada, while the application was in process. I am a permanent resident, who was not living in Canada, when I applied, for my wife's PR application. I had plans to permanently, moved to, Canada, when the application was in progress. I had also indicated that in the application. Along with the application, I paid the application fee and right to Permanent Residency fee.

After 40 days of application submission, in April, we got a letter from CIC, stating that I was eligible to apply and then they requested, Medical, Police and Background check paperwork. My wife did the medical, FBI and Schedule A background. Since, my wife, lived in the US at that time, our file was moved to Mississauga Visa office to be processed.

Shortly thereafter, in early July, I got a letter saying that, I am not eligible to sponsor, as I have not demonstrated, that I was living in Canada, at the time when application was filed. At this point, I had already moved to Canada and sent them the documents to prove that. I got a letter stating that CIC will not reconsider it and the decision has been made, that I was not eligible, at the time of the application. CIC sent a form to get the refund on the right to permanent residence fee.

I am not planning to appeal this decision. My wife has a Canadian Visa and is living with me. We are planning to apply as an inland applicant right now.

Question or Advice or Suggestion:
a) Can we refer to previous application for medical or would she need to do it all over again?
b) Can we refer to previous application for background check or we need to do it all over again?
c) Any other pointers or suggestions?

 

[monkeys89]

So you're a PR and you applied outside of Canada? As you now know, a PR must be living in Canada at the time the application is submitted.

You can apply anew, which is what you've decided to do (good, because you'd have no grounds for appeal as you moved to Canada during the application and were not living in Canada when you applied) but you must treat everything as a new application. You cannot refer to the previous application. You may be able to use documents that are still valid in the eyes of CIC, but I'm not too sure.

 

[kcward7]

Hi,

My post is going to be long, so please bear with me.

Background:
I used to live in the US and my wife also lived me when, I sent in the application for Out-land based application, in March 2018, from US. A lawyer suggested that, I can do that, as I had intent to move to Canada, while the application was in process. I am a permanent resident, who was not living in Canada, when I applied, for my wife's PR application. I had plans to permanently, moved to, Canada, when the application was in progress. I had also indicated that in the application. Along with the application, I paid the application fee and right to Permanent Residency fee.

After 40 days of application submission, in April, we got a letter from CIC, stating that I was eligible to apply and then they requested, Medical, Police and Background check paperwork. My wife did the medical, FBI and Schedule A background. Since, my wife, lived in the US at that time, our file was moved to Mississauga Visa office to be processed.

Shortly thereafter, in early July, I got a letter saying that, I am not eligible to sponsor, as I have not demonstrated, that I was living in Canada, at the time when application was filed. At this point, I had already moved to Canada and sent them the documents to prove that. I got a letter stating that CIC will not reconsider it and the decision has been made, that I was not eligible, at the time of the application. CIC sent a form to get the refund on the right to permanent residence fee.

I am not planning to appeal this decision. My wife has a Canadian Visa and is living with me. We are planning to apply as an inland applicant right now.

Question or Advice or Suggestion:
a) Can we refer to previous application for medical or would she need to do it all over again?
b) Can we refer to previous application for background check or we need to do it all over again?
c) Any other pointers or suggestions?

Medical is valid for 1 year regardless, I *think* police checks are 6 months but not positive.

 

[YVR123]

As a side note, do not use that lawyer again... That's very basic for Canada immigration.

 

[rakakatoofaan]

Thank you all for this. I usually do not use lawyer, however, I was living in the US, so thought to ask an advice, as at that point I was few months away from my So we have done Medical in April and have a document, and the results were submitted.

I am looking to put that information in the New Application. Her results have already been submitted for the previous application. Therefore, how to submit the ole medical information in the new information. Amy advice will be highly appreciated.

Thank You
Vivek

 

[zoya_99]

Hi,

My post is going to be long, so please bear with me.

Background:
I used to live in the US and my wife also lived me when, I sent in the application for Out-land based application, in March 2018, from US. A lawyer suggested that, I can do that, as I had intent to move to Canada, while the application was in process. I am a permanent resident, who was not living in Canada, when I applied, for my wife's PR application. I had plans to permanently, moved to, Canada, when the application was in progress. I had also indicated that in the application. Along with the application, I paid the application fee and right to Permanent Residency fee.

After 40 days of application submission, in April, we got a letter from CIC, stating that I was eligible to apply and then they requested, Medical, Police and Background check paperwork. My wife did the medical, FBI and Schedule A background. Since, my wife, lived in the US at that time, our file was moved to Mississauga Visa office to be processed.

Shortly thereafter, in early July, I got a letter saying that, I am not eligible to sponsor, as I have not demonstrated, that I was living in Canada, at the time when application was filed. At this point, I had already moved to Canada and sent them the documents to prove that. I got a letter stating that CIC will not reconsider it and the decision has been made, that I was not eligible, at the time of the application. CIC sent a form to get the refund on the right to permanent residence fee.

I am not planning to appeal this decision. My wife has a Canadian Visa and is living with me. We are planning to apply as an inland applicant right now.

Question or Advice or Suggestion:
a) Can we refer to previous application for medical or would she need to do it all over again?
b) Can we refer to previous application for background check or we need to do it all over again?
c) Any other pointers or suggestions?

Isn't this confusing? In April they told you're eligible? But in July they said the opposite?

 

[canuck_in_uk]

Thank you all for this. I usually do not use lawyer, however, I was living in the US, so thought to ask an advice, as at that point I was few months away from my So we have done Medical in April and have a document, and the results were submitted.

I am looking to put that information in the New Application. Her results have already been submitted for the previous application. Therefore, how to submit the ole medical information in the new information. Amy advice will be highly appreciated.

Thank You
Vivek

You just include a copy of the eMedical receipt.