do I have to file a new application?

[vip_fakeer]

Everyone, I am in such a big confusion right now. Need your help in figuring out what is going on.

I have previously sponsored my ex-wife who became PR on April 2010. In early 2011 she walked out of the marriage and the divorce was finalized in 2013. Meantime my ex-wife went on welfare ( I was not aware until the divorce my finalized) and I defaulted on my sponsorship undertaking of 36 months. Finally I came to know (through my lawyer when my ex-wife disclosed her financial statements) and I was proactive and investigated with ministry of over payment recovery unit. These guys than investigated with region of peel and it took close to 2 months to figure out how much I really owed. It was over $5000. I made a full one time payment so the ministry can issues a 'clearance certificate" to Immigration that I am no longer in default. So! my payment was received on Nov 20 2013, process on Nov 27 2013 and due to Xmas holidays, these guys did not issue the clearance certificate until Late Jan 2014.

I got married in Nov 2013 and sponsored my spouse from new delhi. My application was received by CPC-M on Nov 19 2013 and was not asset until Dec 31 2013. I checked off in the application that if found ineligible, continue with the application process. Well!! I received the letter from CPC-M on Jan 10th 2014 that I am ineligible to sponsor because I had defaulted on my previous undertaking. In the letter it was mentioned that your application has been forwarded to the visa office in new delhi and a final decision will be communicated to your relative. Because they didn't had up to date information from the ministry of over payment recovery unit. Even though I had made payment.

Well!! the file has been forwarded to New Delhi. When I received my statement from the ministry, I mailed CHC-NEW Delhi and wrote a letter that I have cleared by debt. I never bothered because in the back of my head I know that the issue has been resolved hopefully my application will now be processed. I have cleared my debt and the clearance certificate has been issued to immigration..problem solved. Now when I received my new GMCS notes and it still says I am ineligible. I called CIC helpline and I was informed that I have to re-submit a new application. WHAT???????? This is very shocking.

The lady said if you are found ineligible on the date when your application was process by CPC-M. You have to file a new application. Your previous application is discarded. Oh My Lord.. This was not communicated to me with CPC-M.

Is it true?? Please I hope not. Please provide your thoughts/insights, I am really worried. Because Now its April!! nothing was communicated to my wife by New Delhi office. She has received a passport and nothing much has happened since than. I am worried if my application will be returned back by CHC-ND and asked to re-submit a new application. This feels like the worst thing that ever happened to me. Please your advise will be highly appreciated.

 

[zardoz]

That sounds about right.. The date that CIC received your application would be the "lock in date", with the assessment date as being a second chance.
Unless you anticipate an H&C exemption, you should never tick the box to request continued processing if found ineligible.

 

[vip_fakeer]

Oh God!! What should I do now? Should I wait for visa officers decision or You should I start to re-submit a new application??

 

[SenoritaBella]

Did you include a letter with your initial application stating you had made payment or attached a receipt of the payment? I believe either or both of these would have saved you the headache. What you do going forward is up to you. You can either:

1. withdraw the current application in New Delhi and if you like, you can disclose the reason for withdrawal. Once you have confirmation it has been withdrawn, submit a brand new application to CPC-M.

or

2. wait for decision from New Delhi, most likely rejection and you will have lost so much precious time.

 

[vip_fakeer]

Did you include a letter with your initial application stating you had made payment or attached a receipt of the payment? I believe either or both of these would have saved you the headache. What you do going forward is up to you. You can either:

1. withdraw the current application in New Delhi and if you like, you can disclose the reason for withdrawal. Once you have confirmation it has been withdrawn, submit a brand new application to CPC-M.

or

2. wait for decision from New Delhi, most likely rejection and you will have lost so much precious time.

I didn't had a statement when I filed..but I have forwarded my statement to New Delhi visa office. I did what I could...

 

[scylla]

You weren't eligible to sponsor your spouse on the date your application was initially received by CIC. Based on this, I would withdraw the application and start again from scratch.

 

[bankerguy]

I would have included a letter in my original application detailed WHY I defaulted and explained the whole process. I would have also included proof that the payment was made and that there is no debt.

I would have called the CIC once i received AOR and asked them to put a note on the file....

i wouldnt have assumed anything and i would be very proactive ....


Your case is going to be harsh flagged because you guys divorced shortly after, defaulted......and now you're sponsoring someone else.

 

[keesio]

I would have included a letter in my original application detailed WHY I defaulted and explained the whole process. I would have also included proof that the payment was made and that there is no debt.

I'm not sure that would have helped. CIC received the sponsorship application AFTER payment was received on the debt. As Zardoz mentioned, that would be the lock-in date. Actually I think the lock-in date is the date that the application is signed, which would be even earlier. So on the date the OP and spouse signed the application forms, payment was not received for the outstanding debt. So the OP was not eligible to sponsor on the date he signed the application, making the whole application invalid - letter or no letter.