Do CIC and Visa Offices Communicate

[LuvHopeFear]

I am curious to know if visa offices communicate with CIC Mississauga, during the processing stage of a PR, to make sure a sponsor remains eligible throughout the case.

I am asking because my brother has been sponsored by his wife. He is American. The case is in process at the Buffalo office, for 8 months now. A few months ago, she fled to an abused women's shelter (the abuser her mother). She ended up applying for social assistance in order to find a place. She spoke to a lawyer at the time who told her, to do whatever was in the best interest of her and her children. The lawyer said that it is unlikely that they would look into her eligibility again, since she has passed that intial stage.

1.Is this true?

2. She is trying to find work now, but it is hard becuase her children are young. If she does find work though, will she be safe?

3. What do you think the ramifications will be if something happened? Would they stop processing until she paid everything back, or would she have to start over?

4. Could she appeal on the grounds of H & C? Should she look for a lawyer?

Thanks in advance.

 

[Suin]

let's wait what experts say, but my opinion, once you are approved as a sponsor you are not re-checked by the visa office from financial point again.

 

[rjessome]

The Act states that you must remain eligible until a decision is made on an application, meaning until PR is granted or refused. So technically, she is no longer eligible. However, if they do not check or ask, it may never be an issue. But it COULD be an issue. The Act states that she can't be currently in receipt of social assistance benefits. If she finds a job and stops receiving welfare, then she becomes eligible again. She won't have to pay the social assistance she is currently receiving back as it is not being received by the person being sponsored. If they do check and find out, then she is no longer eligible to be a sponsor and her application to sponsor her husband will be refused based on this. She would have to reapply. Yes, she could appeal if her circumstances change within the appeal period as well as using H&C grounds as long as the relationship was deemed genuine and her husband considered a member of the family class or she could make an H&C application now but why do that and let them know something when they haven't asked. I don't think she needs an immigration lawyer yet.

8 months through Buffalo? What's wrong with this application? If they are questioning genuineness of relationship, your brother may have an interview and these questions about his wife's financial current circumstances may be asked. He cannot lie if asked about this.

 

[LuvHopeFear]

Thanks for your responses, it really helps.

In regards to their relationship and its validity, then I doubt this is the problem. They have two children together, alongside emails, gifts, and letters they sent in with their application. My brother was told he didn't need to come in for an interview. He has two children who will be accompanying him, as well another child who will not be accompanying. He wasn't able to get a medical for the son and mentioned this in his application. His son's mother is uncooperative. This is why I think it may be taking so long.