G5 Application refusal due to Trust Account movement

[bayadm]

Hi there,

My G5 application is refused after 2.5 years of waiting, the officer requested an account statement and noted that there is movement on the account, although the needed amount for the application was in the account before the officer requests the statement, we sent the reason and justification for each transaction, however, the office neglected our responses and refused the application.

I need your help, what should I do?, is there a hope to appeal this?, I'm stuck here in Yemen and all my family hopes went to vain...

Thank you for yous support,

M

 

[scylla]

Hi there,

My G5 application is refused after 2.5 years of waiting, the officer requested an account statement and noted that there is movement on the account, although the needed amount for the application was in the account before the officer requests the statement, we sent the reason and justification for each transaction, however, the office neglected our responses and refused the application.

I need your help, what should I do?, is there a hope to appeal this?, I'm stuck here in Yemen and all my family hopes went to vain...

Thank you for yous support,

M

Did the account have the required balance at all times? Or did the balance drop below the minimum as a result of these transactions?

 

[bayadm]

The balance dropped to zero for a long period, then replenished back in Nov 2018, 4 months before they requested the statement.
We didn't know that the account shouldn't touched, when we wanted to take some money from the account we asked our immigration consultant and he confirmed that there is no issue taking the money form the account.

 

[jddd]

The balance dropped to zero for a long period, then replenished back in Nov 2018, 4 months before they requested the statement.
We didn't know that the account shouldn't touched, when we wanted to take some money from the account we asked our immigration consultant and he confirmed that there is no issue taking the money form the account.

I’m confused. Are you the person being sponsored? Is it your money that you took out from the trust account for a long period of time and your money that was used to replenish it in November 2018?

 

[scylla]

The balance dropped to zero for a long period, then replenished back in Nov 2018, 4 months before they requested the statement.
We didn't know that the account shouldn't touched, when we wanted to take some money from the account we asked our immigration consultant and he confirmed that there is no issue taking the money form the account.

In that case is sounds like you were correctly refused. The minimum balance should have been consistently maintained. I don't think an appeal will succeed - but your choice to try if you want to.

I would reapply and this time leave the minimum balance untouched.

 

[bayadm]

I’m confused. Are you the person being sponsored? Is it your money that you took out from the trust account for a long period of time and your money that was used to replenish it in November 2018?

I'm the person being sponsored, no it is not my money, the money collected for me by the sponsors, I needed some money here in Yemen for medical emergency, and we justified that, we even got conformation form the consular to them that he gave us wrong advice.

 

[bayadm]

In that case is sounds like you were correctly refused. The minimum balance should have been consistently maintained. I don't think an appeal will succeed - but your choice to try if you want to.

I would reapply and this time leave the minimum balance untouched.

Will I be able to reapply? or there is a period I should wait?

 

[jddd]

I'm the person being sponsored, no it is not my money, the money collected for me by the sponsors, I needed some money here in Yemen for medical emergency, and we justified that, we even got conformation form the consular to them that he gave us wrong advice.

Got it. Good to know.

I totally understand the medical emergency but the sponsors need to use other funds and not touch the trust money. Using the trust money only tells IRCC that they may not be able to afford your needs during their undertaking. The trust money is supposed to remain intact.

 

[Buletruck]

The trust money is supposed to remain intact.

And that’s why it’s called a trust account. The money is set aside specifically for resettlement costs.

IRCC neither promotes nor objects to the use of trust accounts. However, groups should use caution in ensuring that the funds in the account and all interest accrued are used only for the direct settlement costs of the refugees for whom the funds were collected. Groups must be able to account for all expenditures.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/guide-private-sponsorship-refugees-program/section-2.html

 

[canuck_in_uk]

Will I be able to reapply? or there is a period I should wait?

You can reapply now. There is no waiting period.

 

[live&love]

I am very sorry to hear this, I know it is very difficult to take, but you will get there. Don’t give up

 

[bayadm]

Can the same sponsors sponsor me again? could you please explain what the below means? this is from the refusal letter:

"Section 155 of the Regulations states that an officer shall revoke the approval of a sponsorship application if the sponsors no longer meet IRPR 154(1)(a). Based on the reasons provided above, I am not satisfied that the sponsor meets the requirements of the Act and Regulations, and am therefore revoking the approval of the sponsorship undertaking under section 155 of the Regulations.

Regulation 139(1)(f)(i) of the Regulations, requires that an applicant in the privately sponsored refugee category be named on an approved undertaking. As the applicant is no longer named on a valid undertaking, I am not satisfied that they meet the requirements of R139(1)(f)(i) of the Act.
Subsection 11(1) of the Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

For the reasons outlined above, I am refusing the permanent residence application. If the situation has changed substantively or new information has emerged to overcome the current deficiencies, you may submit a new and complete application."

 

[Zues_god]

Can the same sponsors sponsor me again? could you please explain what the below means? this is from the refusal letter:

"Section 155 of the Regulations states that an officer shall revoke the approval of a sponsorship application if the sponsors no longer meet IRPR 154(1)(a). Based on the reasons provided above, I am not satisfied that the sponsor meets the requirements of the Act and Regulations, and am therefore revoking the approval of the sponsorship undertaking under section 155 of the Regulations.

Regulation 139(1)(f)(i) of the Regulations, requires that an applicant in the privately sponsored refugee category be named on an approved undertaking. As the applicant is no longer named on a valid undertaking, I am not satisfied that they meet the requirements of R139(1)(f)(i) of the Act.
Subsection 11(1) of the Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

For the reasons outlined above, I am refusing the permanent residence application. If the situation has changed substantively or new information has emerged to overcome the current deficiencies, you may submit a new and complete application."

Were you refused after the Interview?

 

[scylla]

Can the same sponsors sponsor me again? could you please explain what the below means? this is from the refusal letter:

"Section 155 of the Regulations states that an officer shall revoke the approval of a sponsorship application if the sponsors no longer meet IRPR 154(1)(a). Based on the reasons provided above, I am not satisfied that the sponsor meets the requirements of the Act and Regulations, and am therefore revoking the approval of the sponsorship undertaking under section 155 of the Regulations.

Regulation 139(1)(f)(i) of the Regulations, requires that an applicant in the privately sponsored refugee category be named on an approved undertaking. As the applicant is no longer named on a valid undertaking, I am not satisfied that they meet the requirements of R139(1)(f)(i) of the Act.
Subsection 11(1) of the Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

For the reasons outlined above, I am refusing the permanent residence application. If the situation has changed substantively or new information has emerged to overcome the current deficiencies, you may submit a new and complete application."

Yes - the same sponsors can sponsor you again. The above simply means that your sponsors didn't meet the requirements to be sponsors. Since you didn't have valid sponsors, your application was refused.

 

[bayadm]

Were you refused after the Interview?

No it was before the interview.