FEE Repayment / AOS denied why proceed with PR?

[cveja]

Just a quick question regarding the fees/repayment in sponsor's app. where they
ask if AOS is denied, would we want to proceed with the PR process - in which case we don't get any money back...

why would anyone want to continue with the PR process if sponsorship is denied?!
Or am I missing something?!
thanks.

 

[PMM]

Hi

Just a quick question regarding the fees/repayment in sponsor's app. where they
ask if AOS is denied, would we want to proceed with the PR process - in which case we don't get any money back...

why would anyone want to continue with the PR process if sponsorship is denied?!
Or am I missing something?!
thanks.

It preserves the appeal rights.

 

[Steph C]

Just a quick question regarding the fees/repayment in sponsor's app. where they
ask if AOS is denied, would we want to proceed with the PR process - in which case we don't get any money back...

why would anyone want to continue with the PR process if sponsorship is denied?!
Or am I missing something?!
thanks.

Possibly if you're certain that Sponsorship cannot be denied. For me, I'm certain that they can't deny me. If they did deny me, it would be in error and I would have to appeal. Also, I felt like it was a display about how serious I was about the application itself.

 

[Fencesitter]

I think I selected the box that says to return some of the fees. By doing that, have I lost appeal rights? If so, I would need to re-apply, correct?

I surely hope it doesn't make it look like we are not serious about immigrating!

FS

 

[Steph C]

I think I selected the box that says to return some of the fees. By doing that, have I lost appeal rights? If so, I would need to re-apply, correct?

I surely hope it doesn't make it look like we are not serious about immigrating!

FS

But you've already been approved as sponsor! So never mind that. Although it's at the point where it seems ludicrous they haven't approved me yet.. well at least I have the right to appeal

 

[Deficient]

I was unaware about the appeal rights so chose to abandon the application if the sponsorship wasn't approved.

Also, my GCMS notes have the following remark added by someone in London:

"Sponsor has opted to discontinue if found ineligible, so we cannot put case into process until we receive CSQ"

So perhaps it can be inferred that they would start processing without a CSQ (but clearly they can't finalise without it) if you state that you wish to continue even if the sponsorship part is denied. A possible timesaver? So maybe that is another thing to bear in mind if your destination is Quebec.

 

[JimM]

Our lawyer told us to we'd be better withdrawing the application if sponsorship wasn't approved because the chances of winning an appeal were so low we'd be better starting over. We're not really worried as there is no reason to find my wife ineligible

 

[Dr Eng X]

As I understand "The idea of proceeding with the PR application if sponsor is rejected is if your spouse can be classified under another immigration category. The reason if you denied as a sponsor and spouse there would be no application for immigration...

 

[canadianwoman]

why would anyone want to continue with the PR process if sponsorship is denied?!
Or am I missing something?!

Continuing preserves your appeal rights, but it is only really reasonable to continue if 1. you know from the beginning you will not be approved as a sponsor, and 2. you have good reasons to believe you will be able to win on appeal - these would be humanitarian and compassionate reasons, with the best interests of a child being the best example.
For most cases, I believe choosing to end the sponsorship and get most of the money back is the best choice. Because the most likely reason is you made some mistake in the application. Or there is some fixable problem. So it is better to get your application back quickly, fix the mistake or do your best to solve the problem, and then reapply. You will then only have lost a few months; if you choose to continue with the application even if ineligible to sponsor, it will take a year or more in most cases to go through processing, the PR app will be rejected, and then you'll have to wait a year or more for the appeal. Which may also be a lost cause.

If you choose to not continue with the processing if the sponsor is found ineligible, you lose your appeal rights in one sense. But having chosen that option, if the sponsor is found eligible to sponsor, but the PR is later refused, you still have the right to appeal that refusal.

 

[cveja]

THanks to all!

Very interesting discussion with a lot of good points made, so in a summary:
PRO continued processing:
1. appeal rights
2. potentially faster processing (in a sense, they can send the file to PR processing office sooner?!)
3. it shows some extra 'confidence' and/or 'seriousness' regarding the application

CON continued processing:
1. if denied, money is lost (obviously
2. if denied due to some 'simple mistake' in application, lost time
3. very hard to get appeal

 

[cveja]

Hmmm... i'm still not sure what will I do, although I believe strongly that they will approve my sponsorship...I don't see any reason why not...unless some 'stupid' mistake gets through?!... such as the ambiguous topic on 'exclusiveness in residency' which I still don't have the answer for (I posted this in a separate post topic: Exclusively Living outside Canada: response #16 - if anyone cares to read and help me out!!!)

 

[canadianwoman]

The 'losing the right to appeal' is a confusing issue for some, it seems.

If you choose to withdraw your application if you are found not eligible to sponsor, and you are then found not eligible to sponsor, the application is over and you cannot appeal. But it will be only a few months after submitting that you will find out. You can then correct the problems and reapply.

If you choose to withdraw your application if you are found not eligible to sponsor, and you are then found eligible to sponsor, the application goes to the visa office for processing. If the visa officer then rejects the application, you can still appeal. You have not lost your appeal rights. This is the usual scenario.

 

[Steph C]

If you choose to withdraw your application if you are found not eligible to sponsor, and you are then found eligible to sponsor, the application goes to the visa office for processing. If the visa officer then rejects the application, you can still appeal. You have not lost your appeal rights. This is the usual scenario.

Now I am really confused. Say you don't choose to withdraw your application if the Sponsor is not found eligible. But the Sponsor is found eligible, the app goes to the VO and is then Denied. Have you lost your appeal rights then?

 

[Jamgirl]

Now I am really confused. Say you don't choose to withdraw your application if the Sponsor is not found eligible. But the Sponsor is found eligible, the app goes to the VO and is then Denied. Have you lost your appeal rights then?

NO... In either scenario you do not lose your appeal rights for 2nd stage.

You only lose your appeal rights in first stage if you choose to discontinue application if sponsorship is denied.


I hope that clarifies things

 

[computergeek]

But it will be only a few months after submitting that you will find out. You can then correct the problems and reapply.

Oddly, the inland application (where it takes 11 months for sponsor approval) is the one where retaining the right of appeal has no value - you don't have a right to appeal to the IAD, you can only apply for judicial review with the Federal Court of Canada.