sponsorship appeals

[greenish]

I was wondering if anybody here ever went thru a sponsorship appeal?
I'm about to sponsor my common-law partner but I'm worried that I will be refused as a sponsor due to the fact that I haven't been working during the last 12 months and I think I don't have enough proof that I'll be able to support the 2 of us.
I want to give it a shot anyways but I dont know whether I should withdraw our application if I'm refused as a sponsor or if I should proceed with the application and appeal later.
My initial idea was to proceed and later appeal since by the time I'll be appealing, I'll have steady income and will be able to show that I can support us. Now I'm reading that it takes up to 10 months and longer to get a hearing scheduled and I'm not sure if it might be quicker to just withdraw the application and reapply in about half a year when my income situation is more stable.
Any ideas please anyone? Thanks

 

[Kedeisha]

Exception to minimum necessary income requirement

The ability to meet the minimum income requirement is mandatory, unless the
sponsor is sponsoring a spouse, common-law partner, conjugal partner or a
dependent child where the child has no dependent children of their own. This
exception also applies to persons under the age of 18 whom the sponsor intends to
adopt in Canada.

Keep in mind that you can be denied if you do not demonstrate how you fully intend to provide for yourself and spouse

 

[Baloo]

I was wondering if anybody here ever went thru a sponsorship appeal?
I'm about to sponsor my common-law partner but I'm worried that I will be refused as a sponsor due to the fact that I haven't been working during the last 12 months and I think I don't have enough proof that I'll be able to support the 2 of us.
I want to give it a shot anyways but I dont know whether I should withdraw our application if I'm refused as a sponsor or if I should proceed with the application and appeal later.
My initial idea was to proceed and later appeal since by the time I'll be appealing, I'll have steady income and will be able to show that I can support us. Now I'm reading that it takes up to 10 months and longer to get a hearing scheduled and I'm not sure if it might be quicker to just withdraw the application and reapply in about half a year when my income situation is more stable.
Any ideas please anyone? Thanks

I would not plan to appeal, put your efforts into being accepted.
Withdrawing an application if the sponsor is not accepted will allow you to address any questions raised if you are refused.

 

[greenish]

Thanks for the replys

Ked, that I know, which is why I am actually worried that I might be refused as a sponsor. My concern here is how to proceed assuming I will be refused.

Baloo, of course I will put all my efforts into being accepted. It's not like I'm planning to be refused. I'm just not really sure what my better (faster) option is in the case that I do get refused.

My thought process behind not withdrawing and appealing (if I have to) is that I figured that at least the (in my case) roughly 7 month processing time for the PR application will be dealt with already. I thought I'd be able to appeal in 9 or 10 months from now (assuming I'll send the application in very soon!) and be through the process 2 or 3 months later since I'll be able to address the financial issue with ease.
But if the process of appealing will take 10 months or longer, I'm thinking now, that it might not be worth it afterall.
The thing is, that the 10 months appealing time that I keep quoting is, I think, for the genuity of the relationship being the issue. I'm wondering if the issue is with the sponsor's financial support, is the appeal process likely to be qicker?

 

[Kedeisha]

Ok here is a suggestion how about you not cross that bridge until u get there because right now u havent applied and u are already planning an appeal wow

Students have applied in the past who were full time and got approved so why won't u get approved

How do u support yourself now? are u living with parents friends relatives if so include letters from them saying that u can stay with them until XYZ but however u are living right now include that because I am pretty sure u have a shelter and food so why not include that and stop preparing for an appeal

 

[greenish]

Ok here is a suggestion how about you not cross that bridge until u get there because right now u havent applied and u are already planning an appeal wow

Well, I have to decide BEFORE I apply if I want to withdraw or proceed with the application if the sponsorship application falls through. It's the first question on the application to sponsorship form.
But you're right, perhaps I'm putting to much thought into this
Getting too caught up, time to take a break and get some sleep

 

[canadianwoman]

Definitely pick to have the application returned and your money refunded if you are found not eligible to sponsor. It is faster to just correct any problem found and then reapply, than to wait for an appeal - which can be up to 2 years, and almost certainly at least 1 year. Yes, you would probably win the appeal. But if you reapplied after correcting whatever problem made you ineligible to sponsor, you would most likely be accepted, and in much less time than it would take to appeal.

 

[wefeia]

i dont think u have anything to worry about, when i applied for my husband i had only been working for a month and nothing for yrs before that, and i got approved as the sponser with no problem.

so u'll probably be ok.

 

[greenish]

Definitely pick to have the application returned and your money refunded if you are found not eligible to sponsor. It is faster to just correct any problem found and then reapply, than to wait for an appeal - which can be up to 2 years, and almost certainly at least 1 year. Yes, you would probably win the appeal. But if you reapplied after correcting whatever problem made you ineligible to sponsor, you would most likely be accepted, and in much less time than it would take to appeal.

Thanks canadianwoman, this is what I was thinking but I needed someone to confirm it
exactly what i wanted to hear ^^

wefeia, thanks for your input as well!

 

[rjessome]

Definitely pick to have the application returned and your money refunded if you are found not eligible to sponsor. It is faster to just correct any problem found and then reapply, than to wait for an appeal - which can be up to 2 years, and almost certainly at least 1 year. Yes, you would probably win the appeal. But if you reapplied after correcting whatever problem made you ineligible to sponsor, you would most likely be accepted, and in much less time than it would take to appeal.

I disagree with this point but it's been debated before. My reasoning is that if the application is sent to the visa office for processing even if the sponsor does not qualify, the processing office MUST consider any information that is submitted on the file prior to issuing a decision on the visa. So if there is some reason that the sponsor did not qualify BUT became eligible prior to a decision being made on the application, the VO can change the decision about sponsorship eligibility by considering the new evidence. In fact, they MUST consider new evidence. Also, you can request H&C grounds (difficult but possible) to overturn sponsorship ineligibility. Plus, it just feels wrong to have an applicant relinquish their legal rights.

 

[greenish]

[...] My reasoning is that if the application is sent to the visa office for processing even if the sponsor does not qualify, the processing office MUST consider any information that is submitted on the file prior to issuing a decision on the visa. So if there is some reason that the sponsor did not qualify BUT became eligible prior to a decision being made on the application, the VO can change the decision about sponsorship eligibility by considering the new evidence. In fact, they MUST consider new evidence. Also, you can request H&C grounds (difficult but possible) to overturn sponsorship ineligibility. Plus, it just feels wrong to have an applicant relinquish their legal rights.

That sounds interesting. So I would be able to submit proof of having addressed the sponsorship ineligibilty issues after the sponsorship application was refused but before a decision is made on the PR application?
Also, I thought that both applications have to get a green light before a PR is issued. Can the VO change the decision on the sponsorship application while processing the PR application?? Or can a PR visa be issued even though the sponsorship application failed? Or will I definitely have to appeal if the sponsorship application is refused? If i definitely have to appeal, I do agree with canadianwoman since an appeal seems to take forever.

I dont quite understand how the 2 applications are linked to each other

 

[rjessome]

The app for PR is dependent on the sponsorship application. Without one, you can't have the other. That's how they are linked.

As long as you are not in receipt of social assistance benefits (except for disability) or have an undischarged bankruptcy you do not need to worry about the sponsorship portion of your application being approved. It will be. However, what you need to address is Section 39 of the Act. According to Section 39 or the IRPA, a foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made. According to the Immigration Manual, if the person satisfies the immigration officer that adequate arrangements for care and support (not involving social assistance) are in place, then they do not fall within this inadmissibility provision.

This is a reason for refusal of the PR application, not the sponsorship application. So it's the PR application you need to be concerned with anyway, not the sponsorship portion. You will need to send updated information to the visa office about you and your spouse's ability to be self supporting.

 

[greenish]

Thanks rjessome, you are being very helpful!
I think I'm getting what you are saying.
Why do you say though that you disagree with canadianwoman's statement? Wouldn't it make sense to withdraw the application if the sponsor application falls through?
I understand now that the PR application is the one I should be worried about. But in the case that something is wrong with the sponsor application, it would be faster to try to correct that and reapply, don't you think? You said they are linked together and you can't have one without the other. That means I would definitely have to appeal if the sponsor application is refused, even if I can convince the VO that those issues have been resolved, right?

 

[rjessome]

Let me try to explain my reasoning clearly.

The rules to be eligible to sponsor are very clear. You should know whether you meet them or not before you apply. There is not really any "chance" involved as they are so cut and dry on the sponsorship piece. So if you KNOW that you are not going to be approved as a sponsor, why apply? Most people will use their common sense and wait until they are eligible so there are no hiccups. However, the sponsor may also KNOW that they are NOT eligible and cannot predict when they will become eligible BUT, if their spouse is deemed a member of the family class (by having a genuine relationship not entered into to gain status under the Act) then they are allowed to ask for Humanitarian and Compassionate considerations by the Act. H&C considerations, if approved, can overcome sponsorship eligibility requirements.

The other thing that you should note is that the decision on sponsorship eligibility is NOT final until the PR visa has been issued. For example, if a person is found eligible to sponsor and the PR application is sent for processing, and then the sponsor goes on social assistance, their sponsorship approval can be revoked by the visa office for no longer meeting the eligibility requirements and the PR application is refused. The opposite is true as well in that the ineligible sponsor can prove to the visa office that their eligibility has positively changed and overturn the negative sponsorship eligibility. Visa offices are required by law to consider all information submitted up to the time a final decision is made on the PR application. I'm not saying it is easy. But I do not like to take away my client's legal rights. Checking NO takes that away.

Is that clearer now?