Inland Sponsorship Denied because applicant couldn't get visa to bring the dependants.

[louis1979]

I am sponsoring my wife and we started the process in November 2022. She was in Canada on a student visa and we were living together. As she did not initially have custody of her kids, we listed them as non-accompanying. In October 2023, she got full custody and we added them to the inland application. From that point she had to go back outside to care for the children,. It took 8 months for them to be added to the application and every attempt to get visitor or study visa for the kids were rejected. We finally got denied the PR application with the reason that she wasn't living in Canada and that she should have made accomodation to leave her children outside Canada and come back. Given that it was impossible to resolve this situation and bring the kids, it there any chance to file for a judicial review or appeal on compassionate grounds?

Thanks

 

[Copingwithlife]

Think it would be a waste of time & money for both
Others can chime in

For inland applications the person being sponsored has to be living in Canada . Short trips ( couple weeks ) appear to be tolerated, eight months away was far too long .


“Sponsored Individual:
They must be in Canada with temporary status (worker, student, or visitor), and you must be living together in Canada. “

 

[Amiah_world]

I am sponsoring my wife and we started the process in November 2022. She was in Canada on a student visa and we were living together. As she did not initially have custody of her kids, we listed them as non-accompanying. In October 2023, she got full custody and we added them to the inland application. From that point she had to go back outside to care for the children,. It took 8 months for them to be added to the application and every attempt to get visitor or study visa for the kids were rejected. We finally got denied the PR application with the reason that she wasn't living in Canada and that she should have made accomodation to leave her children outside Canada and come back. Given that it was impossible to resolve this situation and bring the kids, it there any chance to file for a judicial review or appeal on compassionate grounds?

Thanks

Don’t appeal, waste of time and money .. redo it as outland ..

 

[scylla]

I am sponsoring my wife and we started the process in November 2022. She was in Canada on a student visa and we were living together. As she did not initially have custody of her kids, we listed them as non-accompanying. In October 2023, she got full custody and we added them to the inland application. From that point she had to go back outside to care for the children,. It took 8 months for them to be added to the application and every attempt to get visitor or study visa for the kids were rejected. We finally got denied the PR application with the reason that she wasn't living in Canada and that she should have made accomodation to leave her children outside Canada and come back. Given that it was impossible to resolve this situation and bring the kids, it there any chance to file for a judicial review or appeal on compassionate grounds?

Thanks

She was correctly refused since qualifying for inland sponsorship requires her to be living in Canada. IMO you will be wasting your tile with an appeal since there was no error in IRCC's decision.

When she left Canada, you should have withdrawn the inland application and should have reapplied outland. However it is what it is at this point.

Reapply outland. That will be fastest and has the highest chances of having a positive outcome.

 

[louis1979]

It's just so deceiving that we lost so long waiting for them. We really tried to bring the kids in but we got refused visa 5 times, so I feel there was not actual way the kids would ever be able to come wait for the PR process here.

 

[scylla]

It's just so deceiving that we lost so long waiting for them. We really tried to bring the kids in but we got refused visa 5 times, so I feel there was not actual way the kids would ever be able to come wait for the PR process here.

I appreciate this is a very tough situation.

The core issue is that to qualify for sponsorship inland, the applicant (spouse being sponsored) must be cohabitating with their Canadian spouse in Canada. Unfortunately this is a basic requirement to qualify through this stream. It doesn't matter where dependent children are living. They can be outside of Canada or inside of Canada - it's only the spouse's location that matters. Since your spouse left Canada they no longer met the requirements for inland sponsorship.

It is your choice if you appeal of course. I would personally reapply outland. But again, entirely your choice. Good luck.