immigrants in another country without valid

[Woodex]

I have a question about immigrants in another country without valid residents permit or pending appeal. (Though, he has prove of the application in process). The permit my husband is using South Africa was denied so he appeal the decision. In South Africa, appeal application can go for months even up to 2-3yrs without any response. Now, I'm pregnant and I have no one in Canada to assist. My family doctor wrote CIC in Pretoria about my situation as this is my first child. They are working as fast as they could to process his application because my due date is near but they need his current residence permits. What should I do? Do you guys think CIC can process his application in West Africa - Ghana has he doesn't need a permit for that? Any suggestions would do as CIC are waiting for reply.

 

[Mapleson]

Do you have a current spousal visa in process? If so, what VO? Generally, VO are assigned by country of birth and no special processing is given to those that become pregnant before or during the process.

 

[Woodex]

Do you have a current spousal visa in process? If so, what VO? Generally, VO are assigned by country of birth and no special processing is given to those that become pregnant before or during the process.

yes I have current spousal visa in process and VO is Pretoria, South Africa not birth country. Yes, they do process if you have resident permit.

 

[scylla]

I think you have two issues. One - there is no guarantee CIC will be willing to switch visa offices. Two - even if they do, this doesn't necessarily mean they will drop the requirement for the residence permits.

Unless CIC has already told you this is the case?

Is he originally from Ghana or a country that Accra handles the applications for?

 

[Woodex]

I think you have two issues. One - there is no guarantee CIC will be willing to switch visa offices. Two - even if they do, this doesn't necessarily mean they will drop the requirement for the residence permits.

Unless CIC has already told you this is the case?

Is he originally from Ghana or a country that Accra handles the applications for?

Is he originally from Ghana or a country that Accra handles the applications for? Yes.. He doesn't have to prove requirement for the residence permit in Ghana.

 

[scylla]

Yes.. He doesn't have to prove requirement for the residence permit in Ghana.

Just to be clear, has CIC told you he won't have to provide a residence permit if his file is processed through Ghana? Or is this your assumption based on the passport / citizenship he holds? If CIC has already confirmed this to you - then I would request a transfer of the file asap.

If CIC hasn't confirmed this - then what I am suggesting is that moving his file may not change the residence permit requirement since he is still physically located in South Africa. In other words, the requirement for a residence permit may be driven by where he is physically located - rather than which VO is processing his file. In that case requesting a transfer of his file won't change the situation you are in now.

 

[Woodex]

Just to be clear, has CIC told you he won't have to provide a residence permit if his file is processed through Ghana? Or is this your assumption based on the passport / citizenship he holds? If CIC has already confirmed this to you - then I would request a transfer of the file asap.

If CIC hasn't confirmed this - then what I am suggesting is that moving his file may not change the residence permit requirement since he is still physically located in South Africa. In other words, the requirement for a residence permit may be driven by where he is physically located - rather than which VO is processing his file. In that case requesting a transfer of his file won't change the situation you are in now.

this is my assumption based on the passport / citizenship he holds. Thanks for your reply. I'm so confused as CIC only assure me that his application will be process fast if they received current residence permit.

 

[scylla]

this is my assumption based on the passport / citizenship he holds. Thanks for your reply. I'm so confused as CIC only assure me that his application will be process fast if they received current residence permit.

My bet is that changing visa offices won't get rid of the residence permit requirement. CIC is requesting this document based on where your husband is physically located - not based on the location of the visa office processing his application.

Is this the first time CIC has requested this documentation? If so, you could try sending a letter letting CIC know the document they have requested is unavailable and explaining why - and also provide all of the documentation again to show his current status in SA (i.e. undergoing appeal).

 

[Woodex]

My bet is that changing visa offices won't get rid of the residence permit requirement. CIC is requesting this document based on where your husband is physically located - not based on the location of the visa office processing his application.

Is this the first time CIC has requested this documentation? If so, you could try sending a letter letting CIC know the document they have requested is unavailable and explaining why - and also provide all of the documentation again to show his current status in SA (i.e. undergoing appeal).

this is the 2nd times. Thanks so much I really appreciate your input.

 

[scylla]

this is the 2nd times. Thanks so much I really appreciate your input.

Ah - that's too bad. In that case it sounds like they're unwilling to proceed without it.

Is your husband in a position to leave SA if required to finalize the application?

 

[Woodex]

Ah - that's too bad. In that case it sounds like they're unwilling to proceed without it.

Is your husband in a position to leave SA if required to finalize the application?

Yes, he can leave but I don't know if it'll cause delay.

 

[scylla]

Yes, he can leave but I don't know if it'll cause delay.

I can't tell you what to do. However there is certainly a risk your application may be refused if CIC is asking for a document for the second time and you're unable to provide it. Presumably when they asked the first time you explained why it couldn't be provided. If they are asking for a second time, this generally means they haven't accepted your explanation and the document is mandatory to obtain approval. If you're refused and have to either reapply or appeal - this will create a far bigger delay than leaving SA. But again, your situation is unique and only you can decide what to do. Good luck...

 

[mercyofGod]

Yes, he can leave but I don't know if it'll cause delay.

check your inbox

 

[Woodex]

check your inbox

yes, I checked! Thanks alots