Apeal for Parents sponsorship

[saltpetre]

Hi All,

Does any one have any experience with the appeal process through Immigration and refugee board for parent sponsorship issue.

I don't met the Minimum income requirement for just one year but i am short by a very very very small amount.

since my income for 2012 and 2013 are high and so is for 2014. i was advised if we go through the appeal process there is a good chance it will be approved as an exception based on the fact that my mother is by herself and i am the sole caretaker.

I have two options either i am go though the appeal process though IRB or wait for 2016.

Does anyone who how long is the processing time for appeal. is it going to be a endless loop? time wise will it take long if i apply in 2016 compared to going though the appeal process.

any input will be appreciated.

thanks

 

[Rob_TO]

First off you won't even have the app rejected until maybe 2016. Then you will be waiting years to hear your appeal after that, not to mention thousands of dollars to hire a lawyer. And in the end the app will still most likely be refused as you clearly don't meet LICO, even if it's $1 short. So you will just end up submitting a new app maybe sometime in 2018 or 2019 or something.

You are better off just waiting the 1 year and applying Jan 2016. Really the overall times for the 15,000 apps they accept in total in Jan 2014, 2015 and 2016... will be pretty close together.

Oh and I bet many lawyers will tell you that you have a great chance to appeal this, and i"m sure they will eagerly take your money to represent you at the appeal. Of course whether you win or lose, they still get paid.

 

[saltpetre]

First off you won't even have the app rejected until maybe 2016. Then you will be waiting years to hear your appeal after that, not to mention thousands of dollars to hire a lawyer. And in the end the app will still most likely be refused as you clearly don't meet LICO, even if it's $1 short. So you will just end up submitting a new app maybe sometime in 2018 or 2019 or something.

You are better off just waiting the 1 year and applying Jan 2016. Really the overall times for the 15,000 apps they accept in total in Jan 2014, 2015 and 2016... will be pretty close together.

Oh and I bet many lawyers will tell you that you have a great chance to appeal this, and i"m sure they will eagerly take your money to represent you at the appeal. Of course whether you win or lose, they still get paid.

Thanks Bud. it takes that long even if you do it from with in canada? you know what "they" told be it will be about 6 to 8 months for the rejection then another 4-6 months for the appeal then if approved i will start from where i got rejected meaning i will not be put at the end of the queue so to speak.

don't know i wanted to do the process myself i would save on the money part. if it will take longer then i guess one more year.

 

[sakamath]

You would be a lot better off if you start with SuperVisa for the first year and then apply for sponsorship once you meet all LICO requirements.

EDIT: Agree with Rob_TO on all his points.

 

[Rob_TO]

Thanks Bud. it takes that long even if you do it from with in canada? you know what "they" told be it will be about 6 to 8 months for the rejection then another 4-6 months for the appeal then if approved i will start from where i got rejected meaning i will not be put at the end of the queue so to speak.

don't know i wanted to do the process myself i would save on the money part. if it will take longer then i guess one more year.

There is no such thing as "in Canada" for parents sponsorship. All of them are considered OUTLAND applications whether or not the parents are physically in Canada or elsewhere.

Whoever told you sponsor analysis would be done within 6-8 months has no clue what they're talking about. Look at all the people that submitted apps in Jan 2014. All they've received to date is acknowledgement of receipt. No sponsor analysis has begun yet. They will not start this until the current backlog of parent apps is completed, which could take years still.

You may win a H&C appeal, you may not. It's a complete gamble and don't trust anyone who tells you it's a guaranteed win. Why wouldn't you just go the guaranteed route of applying in Jan 2016 and being approved for sure?

 

[saltpetre]

There is no such thing as "in Canada" for parents sponsorship. All of them are considered OUTLAND applications whether or not the parents are physically in Canada or elsewhere.

Whoever told you sponsor analysis would be done within 6-8 months has no clue what they're talking about. Look at all the people that submitted apps in Jan 2014. All they've received to date is acknowledgement of receipt. No sponsor analysis has begun yet. They will not start this until the current backlog of parent apps is completed, which could take years still.

You may win a H&C appeal, you may not. It's a complete gamble and don't trust anyone who tells you it's a guaranteed win. Why wouldn't you just go the guaranteed route of applying in Jan 2016 and being approved for sure?

Yes going to do this 2016. the reason I wanted to do it this year because i though since i am short by a very small for one of the year i might take the chance. but it seems it is going to be more complicated. Moreover i just heard that if it goes to appeal there isn't anyway to withdraw the appeal until there is a final decision. which basically means i will be stuck in the system if something goes wrong.

I have had extreme bad luck with sponsoring in this case starting with the pause in 2011.

do you think there will be any changes in 2016 that might throw us off that is another thing i am concerned about.