sunnysybarite said:
my file has been rejected because she is taking social assistance.......she has a 4 year old kid from previous relationship and she is working part time ......so my lawyer told me that under subsection 25 of IRPA ur sponsor can be approved under humanitarian and compassionate grounds..........so me and my wife decided to go thru ............but its unfortunate that application got rejected. so,do i have to appeal or i have to file my application again.....bcos they only send my passport back.......the file is still with them
This depends on what you answered to the question "Do you want to withdraw your application if the sponsor is found not eligible?" If you chose 'yes', then the whole application should be sent back to you, you cannot appeal, and the only option is to reapply.
If you chose 'no', then the sponsor will be rejected, but the application will be sent to the visa office to be processed anyway. Since the sponsor is not eligible, the application for a PR visa will be rejected. However, you
can appeal this, citing humanitarian and compassionate grounds. The appeal judge will be most concerned about the welfare of the child involved. Since the child is not 'yours', it is best to try to develop a close relationship with him or her, since the judge is not going to think there is any hardship to the child if he/she doesn't get to see someone they have no relationship with anyway. (Having a good relationship with any stepchildren, and knowing a lot about them, is also one of the things the visa officer looks at to decide if the relationship is genuine.)