If you are found ineligible to sponsor, indicate whether you want...

[MarkGuy]

IMM1344EA
1. If you are found ineligible to sponsor, indicate whether you want:

a) to withdraw your sponsorship
b) to proceed with the application for permanent residence

From all the research I've done here, it seems that if you are found ineligible to sponsor and you chose:
a) You get your PR app. money back, can fix the problem and start from scratch again or give up. And you can't appeal.

b) You don't get your PR money back, your app will automatically proceed to stage two (PR processing), the PR app will be denied, you can then finally appeal.
(BTW since it will always be denied, do they save you time and deny it right away, or make you wait the typical processing time to let you know?)

Now my questions focus on the appeal process.
How long would an appeal typically take?

If it typically takes a long time wouldn't people ALWAYS be better off,
selecting a) withdraw your sponsorship should you be found ineligible and starting again?

I'm asking these questions from a practical viewpoint.

Finally, what do most of you here select for this question if you are applying OUTLAND and what is the reason?

TIA

 

[scylla]

I applied outland (I'm the Canadian) and we selected option A.

My reasoning for this was first of all, this is what experts on various messages boards recommended. Secondly, I met every requirement to sponsor. So I figured that if a mistake was made and I was accidentally rejected as a sponsor, I would want to know that and fix it immediately (and resubmit the application via the regular stream) rather than dealing with a messy and prolonged appeal.

 

[MarkGuy]

I applied outland (I'm the Canadian) and we selected option A.

My reasoning for this was first of all, this is what experts on various messages boards recommended. Secondly, I met every requirement to sponsor. So I figured that if a mistake was made and I was accidentally rejected as a sponsor, I would want to know that and fix it immediately (and resubmit the application via the regular stream) rather than dealing with a messy and prolonged appeal.

Thanks Scylla, that makes sense.
I'd like to hear from others, what they decided on this and their reasons.

At first I was inclined to go with option B, but now it seems that selection is for losers.
From a practical viewpoint, is there any advantage to going through a lengthy appeal process vs. starting quickly again from scratch?
Does Imm. Can. view your apps. any differently (appeal vs. 2nd application)?

 

[nylalisa]

If you are found to be unable to sponsor it usually has to do with not meeting one of the few requirements they ask for. Therefore there is no reason to continue with the application as when it comes to your spouse, they are certainly likely to be rejected at well as they have no sponsor and do not qualify for PR. As Scylla said, it is better to find out exctly why, and start over (which is really finding out what the mistake is and re-submission) then trying for an appeal. Remember you still have a second step to go through which could end up as a rejection as well. This is where you really need your appeal to come in (if you spouse if rejected on her side). If you know you qualify, it's as simple as fixing what ever problem they apparently see (you start over in a month or two). Appeals can last months and months and then you would be back at the start again anyways and then trying to clear the next hurdle at VO.

Personally, I chose to cancel the application and get the refund if it came down to that. Which it did not. I am not even sure there are many people who get stopped at the first stage. Problems appear to start for the majority at the VO level.

 

[canadianwoman]

We applied outland and selected option A - to withdraw.
For a normal application, there is really no point in going with option B, because if the sponsor is not eligible to sponsor, the applicant will be automatically denied. So you're just wasting your time. If the only problem was a mistake on the forms, or something that can be easily fixed, it is better to get the forms back, correct your mistake or change the sponsor's circumstances (eg., get off welfare), then resend.
Waiting for an appeal can take one year or more, by the way.

The only reason to choose option B, as far as I know, is for cases where the applicant knows the sponsor is in fact ineligible to sponsor, but they believe at appeal they can be accepted on humanitarian and compassionate grounds.

 

[waitingintz]

Hi again MarkGuy

The lawyer I consulted with recommended selecting option B. He didn't give a reason for this but he did first check that I met all qualifications. I know many others have suggested otherwise, I suspect that his advice relates to the fact that I am a citizen living overseas so if I am rejected as a sponsor it would be based on that... and I guess if they reject me based on that it would be a matter to appeal rather than making a change and resubmitting.

So not at all saying that it would be the right choice for you but just giving you an example of someone who's chosen it (and I was accepted as a sponsor so made no difference anyway)

 

[Baloo]

We selected option A, to withdraw. We have no desire to extend the application processing by having to go through an extended appeals process if there is a simple issue with sponsorship.

 

[rjessome]

If you meet the sponsorship requirements it's a non-issue. But if you don't and have to request H&C considerations, it preserves your right of appeal. To some people in various situations, it's worth it to choose option B. Representatives will advise to choose option B because it preserves your legal rights.

 

[Baloo]

If you meet the sponsorship requirements it's a non-issue. But if you don't and have to request H&C considerations, it preserves your right of appeal. To some people in various situations, it's worth it to choose option B. Representatives will advise to choose option B because it preserves your legal rights.

Hmm, I can understand why it is there, as with many items on the forms, people would certainly benefit from better explanation in the notes.

 

[ufa]

IMM1344EA
1. If you are found ineligible to sponsor, indicate whether you want:

a) to withdraw your sponsorship
b) to proceed with the application for permanent residence

A point of clarification please:

If you select A (withdraw if found ineligible to sponsor), and are found ELIGIBLE, but then the applicant is DENIED, do you have the right to appeal ?

 

[nylalisa]

A point of clarification please:

If you select A (withdraw if found ineligible to sponsor), and are found ELIGIBLE, but then the applicant is DENIED, do you have the right to appeal ?

If it is outland application, you have right to appeal yes if the person being sponsored is denied.

 

[ufa]

So, the only 'right to appeal' you give up if selecting option 'A' is the right to appeal if the sponsor is found ineligible, but you maintain the right to appeal if the applicant is later denied?

 

[nylalisa]

So, the only 'right to appeal' you give up if selecting option 'A' is the right to appeal if the sponsor is found ineligible, but you maintain the right to appeal if the applicant is later denied?

Yes, if you granted sponsorship outland and the VO denies the person to be sponsored... then you have right to appeal.

If you are denied sponsorship and you decide option A, theres no appeal, application dies at that point. Find out the reason for denial. Fix it if possible, resubmit. You also have lost that much money, just processing fees.

 

[missmini]

thanks everyone for all your suggestions, it helps a lot, since i'm also confused what's better to choose; so here r my questions:

1. if u choose option A, will u know exactly the reason why u r not eligible as a sponsor and fix that? or will they send a common refusal letter and u don't even know what u need to fix (i'm sponsor living outside Ca, that could be a reason)

2. if u choose option B and let's say the IO finds the sponsor not eligible, the 2nd stage of the application starts anyways; can the sponsor already appeal the 1st stage decision, or wait until the 2nd stage is over too? the reason why i ask is that the 1st stage takes maybe 4 weeks and 2nd stage could take 12+ months; if the sponsor can fix the issues and win the appeal until the 2nd stage completes, then what happens? will the overall application be approved or not

thanks so much for ur answer

 

[rjessome]

thanks everyone for all your suggestions, it helps a lot, since i'm also confused what's better to choose; so here r my questions:

1. if u choose option A, will u know exactly the reason why u r not eligible as a sponsor and fix that? or will they send a common refusal letter and u don't even know what u need to fix (i'm sponsor living outside Ca, that could be a reason)

The letter will tell you which section of the Act/Regulations you do not meet, therefore telling you why you are ineligible to sponsor. In your case, to sponsor when living outside of Canada, you must be a Canadian citizen and the only people you can sponsor are your spouse and children.

2. if u choose option B and let's say the IO finds the sponsor not eligible, the 2nd stage of the application starts anyways; can the sponsor already appeal the 1st stage decision, or wait until the 2nd stage is over too? the reason why i ask is that the 1st stage takes maybe 4 weeks and 2nd stage could take 12+ months; if the sponsor can fix the issues and win the appeal until the 2nd stage completes, then what happens? will the overall application be approved or not

You can only appeal after a final decision has been made on the entire file. However, if you are found inelible to sponsor and there has been a change of circumstances in THAT portion of the application prior to a final decision being made on the entire file, you may ask the VO to re-evaluate sponsorship eligiblity. I'm not saying it will work (unless there was an ERROR by CIC in the sponsorship evaluation) but you could try.