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Inland sponsorship approved, PR Denied

OKgirl

Newbie
Aug 16, 2013
4
0
to make a long story short my sponsor didn't update our address properly with CIC and we didn't receive the request for medical from them. She also lost what documentation we did have when we moved so didn't have the UCI #. By the time she received approval of sponsorship by email it was too late and they had made decision on PR as well. It was denied because no medical was submitted. She never received the request for medical by email yet all other communication with them was by email. So now what are our options? Do we have to reapply as outland and redo the whole sponsorship process again or can we just redo the PR process? Any advice appreciated as we get different answers from each person we talk to at CIC. The address was updated online several months ago and yet they are still addressing the emails to the old address. Finally someone at the help line told us that the online update for address changes hasn't been working for months and to submit the address change by email. I couldn't find anywhere on their website that indicates that the online address update doesn't work - in fact it is still there!
 

scylla

VIP Member
Jun 8, 2010
95,136
21,674
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
You have to re-do the entire process - start from scratch as if you had never filed an application before. You will have to submit both the sponsor and application forms/evidence again.

This time I would recommend that you do the medical up front. The medical is supposed to be done in advance (before you submit the application) for spousal sponsorships.
 

Jamesdavid3

Hero Member
May 22, 2013
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You should of just done your medical before your application, its a 30min process...
 

OKgirl

Newbie
Aug 16, 2013
4
0
scylla said:
You have to re-do the entire process - start from scratch as if you had never filed an application before. You will have to submit both the sponsor and application forms/evidence again.

This time I would recommend that you do the medical up front. The medical is supposed to be done in advance (before you submit the application) for spousal sponsorships.
Is the sponsorship not valid now then? What happens if we don't reapply? I have been told by CIC to file to restore my visitor status, can I also restore my work permit? If I just cross the border (I am American) and come back that would give me another 6 months of visitor status as well would it not? If I apply to restore my visitor status and then want to cross the border before I get it approved would that be an issue? I have been told that I have til Sept 25th to either leave Canada or I can apply to restore my visitor status for a $200 fee. I have a family reunion in late Sept and am wondering if I shouldn't just leave Canada by Sept 24th and then come back after the reunion to get my visitor status renewed.
 

scylla

VIP Member
Jun 8, 2010
95,136
21,674
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
The sponsorship is tied to the rest of the application. If the application is refused you have to start again from scratch - the sponsorship approval is no longer valid.

If you don't reapply, the you can't live in Canada and can't become a permanent resident. So not reapplying only makes sense if you have no plans to live in Canada.

How did you obtain your work permit? Did you obtain an open work permit as a result of AIP (first stage approval of the inland application)? If so, then you can't restore it. It was tied to your sponsorship application which has now been refused.

If you cross the border and then re-enter, you may be given six months or you may not. This decision is up to the office you encounter when you re-enter Canada.

Have you been given a departure date of September 24th? Is this why you have mentioned this date as the date by which you will leave?
 

OKgirl

Newbie
Aug 16, 2013
4
0
scylla said:
The sponsorship is tied to the rest of the application. If the application is refused you have to start again from scratch - the sponsorship approval is no longer valid.

If you don't reapply, the you can't live in Canada and can't become a permanent resident. So not reapplying only makes sense if you have no plans to live in Canada.

How did you obtain your work permit? Did you obtain an open work permit as a result of AIP (first stage approval of the inland application)? If so, then you can't restore it. It was tied to your sponsorship application which has now been refused.

If you cross the border and then re-enter, you may be given six months or you may not. This decision is up to the office you encounter when you re-enter Canada.

Have you been given a departure date of September 24th? Is this why you have mentioned this date as the date by which you will leave?
Yes, I have been given a date of Sept 25th.
 

wowsers

Hero Member
Feb 6, 2013
407
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scylla said:
Yo
The medical is supposed to be done in advance (before you submit the application) for spousal sponsorships.
Wrong! As a spousal sponsorship applicant you have a choice, either to take an upfront medical, in which case you have to enclose with your application the document whch will be handed to you by the medical examiner or, alternatively, you can take the medical later when instructed by CIC. See http://www.cic.gc.ca/english/information/medical/medexams-perm.asp (which hardly anybody seems to read!). Seniors, get it right and stop spreading incorrect information!
 

canuck_in_uk

VIP Member
May 4, 2012
31,554
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App. Filed.......
06/12
wowsers said:
Wrong! As a spousal sponsorship applicant you have a choice, either to take an upfront medical, in which case you have to enclose with your application the document whch will be handed to you by the medical examiner or, alternatively, you can take the medical later when instructed by CIC. See http://www.cic.gc.ca/english/information/medical/medexams-perm.asp (which hardly anybody seems to read!). Seniors, get it right and stop spreading incorrect information!
You need to be careful about the advice that you give on these forums. Inland gives the option to do the medical before or after.

However, outland doesn't. Have a look at all of the country-specific checklists that outland outland applicants for spousal sponsorship must follow. EVERY SINGLE ONE includes the exact same requirement for proof of the upfront medical to be included:

PROOF OF MEDICAL EXAMINATION
Include for yourself and each of your family members, proof of completion of the upfront medical examination from the Panel Physician


As well, some even specifically say: If there is a conflict between this guide and any other versions or publications, this document and its instructions take precedence and are to be followed.

As per CIC's own instructions, we advise people to follow the checklist, as it overrules everything else.
 

wowsers

Hero Member
Feb 6, 2013
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I suggest you read the announcement, which is not confined to inland applications. Admittedly the UK checklist has not been brought up-to-date, but that does not justify construing the new procedure as applicable to inland applications only.
 

wowsers

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Feb 6, 2013
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In view of the points made by Canuck_in_UK I have re-read the announcement to which I supplied the link earlier and also some (but not all) of the country-specific checklists referred to by Canuck_in_UK, I can see nothing in any of these publications to cause me to alter my opinion. The announcement makes it clear that if the medical is taken upfront the document proving it must be included with the application. The checklists referred make the same point and do not say anything to the contrary: they simply mean that if the medical is taken upfront, proof of it must be included in the application. None of them (even the checklists for China and India) say that if you apply outland you must undergo an upfront medical and include it with your application. So outland applicants appear to have a choice, in accordance with CIC's announcement, notwithstanding what Canuck_in_uk says. Of course if he/she has some private information from CIC which he can share I will gladly reconsider my posts. Subject to that, however, it seems to me that my opinion is correct and his wrong.
 

canuck_in_uk

VIP Member
May 4, 2012
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wowsers said:
The checklists referred make the same point and do not say anything to the contrary: they simply mean that if the medical is taken upfront, proof of it must be included in the application. None of them (even the checklists for China and India) say that if you apply outland you must undergo an upfront medical and include it with your application.
I don't need "private information", I am able to understand the wording on the checklists.

Outland checklists are lists of the REQUIRED DOCUMENTS to be included in a complete application. I refer back to the exact wording I posted previously:

PROOF OF MEDICAL EXAMINATION
Include for yourself and each of your family members, proof of completion of the upfront medical examination from the Panel Physician

It doesn't say IF anywhere. It isn't a suggestion, it doesn't say "Include if you have done it" like the Inland checklist specifically says. Proof of the medical is on a list of required documents.

And what about the statement: If there is a conflict between this guide and any other versions or publications, this document and its instructions take precedence and are to be followed. Again, nowhere do you find the word "if" in regards to the medical, so it is required by the checklist, which takes precedence over everything else.

And some guides state: If any of the documents listed below are missing, your application will be returned. PROOF OF MEDICAL EXAMINATION is one of the documents listed below. A person sending their app without the medical could have it returned as incomplete.

wowsers said:
his wrong.
I'm not a his, I'm a her.

If you want to continue advising people that they don't have to do the medical upfront, at least be responsible and explain that it will delay their application.
 

wowsers

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Feb 6, 2013
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Read it again! Quote:'There are two ways you can have an immigration medical exam, depending on your immigration category. >wait for instructions [or] undergo your exam before you submit your application (Only for certain Family Class applicants)...you can contact a panel physician directly to get your medical exam if you apply under one of the following categories' [then specifying various family classes]. Where does it say that if you fall into one of these classes and apply outland you must undertake an upfront medical exam? Nowhere!
 

canuck_in_uk

VIP Member
May 4, 2012
31,554
7,201
Visa Office......
London
App. Filed.......
06/12
wowsers said:
Read it again! Quote:'There are two ways you can have an immigration medical exam, depending on your immigration category. >wait for instructions [or] undergo your exam before you submit your application (Only for certain Family Class applicants)...you can contact a panel physician directly to get your medical exam if you apply under one of the following categories' [then specifying various family classes]. Where does it say that if you fall into one of these classes and apply outland you must undertake an upfront medical exam? Nowhere!
The checklists take precedence. I'm done trying to explain this to you.
 

sydneylee

Full Member
Jul 29, 2013
21
0
My husband had his medical last week in London. He was given no document, only his receipt for payment. We had been told that this receipt stands as proof of medical taken. This receipt goes into our application packet as proof of medical exam.

His exam results will get to CIC before our application.

Is this not correct procedure?
 

keesio

VIP Member
May 16, 2012
4,795
396
Toronto, Ontario
Category........
Visa Office......
CPP-O
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Pre-Assessed..
App. Filed.......
09-01-2013
Doc's Request.
09-07-2013
AOR Received.
30-01-2013
File Transfer...
11-02-2013
Med's Done....
02-01-2013
Interview........
waived
Passport Req..
12-07-2013
VISA ISSUED...
15-08-2013
LANDED..........
14-10-2013
sydneylee said:
My husband had his medical last week in London. He was given no document, only his receipt for payment. We had been told that this receipt stands as proof of medical taken. This receipt goes into our application packet as proof of medical exam.

His exam results will get to CIC before our application.

Is this not correct procedure?
Whether it is required I'm not 100% sure (but I think so).

But it is definitely the recommended way to do it.