back to zero again..pls help

[Filipinay]

Hello everyone!

Here's my situation:

1. I am the Principal Applicant being sponsored by my Canadian husband. Applied thru Inland Spousal in June of this year, got AOR in August. I am under Implied status but had to leave Canada due to unforeseen events.
2. Applied for TRV (visitor) but VO in Manila refused my app (expected..what else can I say)

Here are my questions:

1. Can my husband apply simultaneously from Inland to Outland while he write CIC of his withdrawal or wait for CIC's acknowldgement of the withdrawal?
2. Can we still use the receipt that we have? (I only got our personal copy)

>>>>> Any help/ input is greatly appreciated! Thank U very much

 

[screech339]

Unfortunately for you, your husband must make the withdrawal request to CIC and wait for it to become official. Once it is officially withdrawn, he would have to apply a brand new outland PR application. He cannot use the same application forms. New and updated forms have to be completed. New police record have to be submitted. You may be able to use the same medical record as they are good for 1 year if the outland application was submitted before the medical test expires. However it is more than likely CIC will ask to do a new test. After all you must land as PR in Canada before medical report expires. You might get a refund but not likely as inland is considered to be processed. The only refund you would get is the right to permanent resident fee if paid up front.

The receipt may not do any good except if you paid right to permanent resident fee. Since the inland application was officially processed, the fee may be considered non-refundable. Not 100% sure on that. It really depends on how far along the inland process was done. If you gotten to AIP stage, the money is 100% gone. If he withdraws before AIP was issued, then you can use the receipt. Again not 100% sure on this.

Screech339

 

[Ponga]

Since the OP has only received AOR, this would mean that they should in fact get back all fees. Had the applicant received AIP, they would have had to forfeit the $75 sponsor evaluation fee, at least.

 

[screech339]

it depends on how far along the process is made.

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=353&t=14

Will I get my processing fees back if I withdraw my sponsorship application?

It depends on where your application is in the process.
•If your sponsorship assessment has not yet started, you will receive a full refund. (Before AOR stage)
•If your sponsorship assessment has been started, the C$75 sponsorship fee will be kept and the remainder of the fees will be refunded. (AOR stage)
•If your sponsorship assessment has been completed, but CIC has not begun processing the application for the person you are sponsoring, the C$75 sponsorship fee will be kept and the remainder of the fees will be refunded. (Spousal Approval Stage Only but AIP is not reached)
•If your sponsorship assessment has been completed and CIC has started to process the application for the person you are sponsoring, only the Right of Permanent Residence Fee (C$490 per person) will be refunded (if applicable). (AIP Stage)

So as long as the PR application has been cancelled before getting AIP, you get most of the refund back minus $75. Once it reaches AIP, you may only get $490 back if paid up front.

 

[Filipinay]

Screech and Ponga: thanks a lot for both of ur informative answers!
One more thing: coz we've been together for 3 years before we got married in Canada in April 2014, Now one of the country specific requirements for Manila is to give Divorce cert/ annulment paper, we only have divorce cert from Canada, will Manila VO honor it? TIA!

 

[screech339]

Screech and Ponga: thanks a lot for both of ur informative answers!
One more thing: coz we've been together for 3 years before we got married in Canada in April 2014, Now one of the country specific requirements for Manila is to give Divorce cert/ annulment paper, we only have divorce cert from Canada, will Manila VO honor it? TIA!

Philippine will not honor it as they don't recognize divorces. So technically you are still married to your first spouse whenever you are in Philippines. Your divorce is recognized outside Philippines.

 

[canuck_in_uk]

Screech and Ponga: thanks a lot for both of ur informative answers!
One more thing: coz we've been together for 3 years before we got married in Canada in April 2014, Now one of the country specific requirements for Manila is to give Divorce cert/ annulment paper, we only have divorce cert from Canada, will Manila VO honor it? TIA!

Yes, the Manila VO follows Canadian law and will recognize your divorce.

 

[Filipinay]

Yes, the Manila VO follows Canadian law and will recognize your divorce.

Thank u. That's one thing that worries me, the divorce cert..we're not planning to get married in the Philippines anyways..Coz my husband will have to re apply thru Outland, and that's one of the requirements for VO MNL..so divorce cert and marriage cert from Ontario is enough.

 

[screech339]

Thank u. That's one thing that worries me, the divorce cert..we're not planning to get married in the Philippines anyways..Coz my husband will have to re apply thru Outland, and that's one of the requirements for VO MNL..so divorce cert and marriage cert from Ontario is enough.

Sorry for misreading your post. Yes the VO Manila will recognize the divorce papers from Canada. VO Manila follows Canadian law. However outside of the VO, Philippines authorities won't honour it.

 

[Filipinay]

Sorry for misreading your post. Yes the VO Manila will recognize the divorce papers from Canada. VO Manila follows Canadian law. However outside of the VO, Philippines authorities won't honour it.

Oh no worries Screech! and Thanks again