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immigrants in another country without valid

Woodex

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Sep 19, 2012
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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

Hero Member
Apr 2, 2015
534
31
Toronto, Canada
Category........
Visa Office......
Havana
Job Offer........
Pre-Assessed..
App. Filed.......
23-03-2015
Doc's Request.
21-08-2015
AOR Received.
24-04-2015
File Transfer...
28-05-2015
Med's Request
Upfront
Med's Done....
13-02-2015
Interview........
N/A
Passport Req..
24-09-2015
VISA ISSUED...
30-09-2015
LANDED..........
18-10-2015
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

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Sep 19, 2012
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Mapleson said:
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

VIP Member
Jun 8, 2010
97,250
23,075
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
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

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Sep 19, 2012
249
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scylla said:
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

VIP Member
Jun 8, 2010
97,250
23,075
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Woodex said:
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

Hero Member
Sep 19, 2012
249
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scylla said:
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

VIP Member
Jun 8, 2010
97,250
23,075
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Woodex said:
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

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Sep 19, 2012
249
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scylla said:
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

VIP Member
Jun 8, 2010
97,250
23,075
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Woodex said:
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

Hero Member
Sep 19, 2012
249
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scylla said:
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

VIP Member
Jun 8, 2010
97,250
23,075
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Woodex said:
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...