re-aplication - Help, pls

[mot]

My friend applied in January 08 and her occupation is one of the 38 occupations. She received a letter from CIC in September advising her to withdraw her application if she wanted to. She did not reply the letter cos she was still interested. Now she wants to withdraw her application so as to reapply under the new law and wants to know how. Given the fact that it takes about 6 months to get a refund of the processing fees she paid earlier; which she now wants to use when she reapplies, she doesnt want to wait that long.

What's the best thing to do, going forward. Many thanks for answers.

 

[ahmed_ca]

BUT- remember that you need to wait for the official withdrawal letter from them before you proceed with your new application. Hope this helps! GOOD LUCK.
Regards, Mel2009

who told you that you have to withdraw your first application before you can apply again ,,, I searched the CIC web site and I couldn't find anything supporting your claim

look at this link which shows the opinion of Ron Liberman " immigration lawyer CSIC Member M041194 ", who said you can have two applications at the same time

http://britishexpats.com/forum/showthread.php?t=575701&page=4

If you have any link or any confirmed information that you need to wait for the official withdrawal letter from them before you proceed with your new application ,, please share with us here


"Mel2009 removed his message ,, and my reply was for what he was claiming in his message" this is an update to my original message

 

[PMM]

Hi

BUT- remember that you need to wait for the official withdrawal letter from them before you proceed with your new application. Hope this helps! GOOD LUCK.
Regards, Mel2009

who told you that you have to withdraw your first application before you can apply again ,,, I searched the CIC web site and I couldn't find anything supporting your claim

look at this link which shows the opinion of Ron Liberman " immigration lawyer CSIC Member M041194 ", who said you can have two applications at the same time

http://britishexpats.com/forum/showthread.php?t=575701&page=4

If you have any link or any confirmed information that you need to wait for the official withdrawal letter from them before you proceed with your new application ,, please share with us here

Here is what the CIC Manuals state on multiple applications

"Cases for which processing has begun (i.e., that have passed the initial evaluation stage)
Once a case has passed the initial evaluation stage, the processing fees cannot be refunded. If a
provincial nominee certificate is submitted and the applicant wants to be considered in the
provincial nominee class, the applicant has a first option to withdraw his federal application and
submit a new application in the provincial nominee class; processing fees for the federal
application are not refunded, and new processing fees are required for the application in the
provincial nominee class. The second option is to allow processing of the federal application to
continue and to submit a new application in the provincial nominee class, along with the new fees.
The applicant does not necessarily have to withdraw the initial application, because the
Immigration and Refugee Protection Act (IRPA) does not prohibit multiple applications. Prior to
finalizing either application, the visa office will advise the applicant that the second application has
to be withdrawn for the visa to be issued; visas must not be issued for one file while the second
remains open and in process."

I would think though that since they are processing both, if both reach the IA stage, they are not going to refund any fees.

PMM

 

[mot]

Thanks PMM and others for your response. But I need further clarifications. The first application is FSW but my friend does not want to continue because of the delays but wants to file under the new law which will be faster. Does she need to withdraw the first one before she can reapply? Regards.

 

[Leon]

She does not need to withdraw but if she does, it's possible she could get the processing fees refunded from her old application depending on which stage it is at.