Spousal Sponsorship PR Declined -- Appeal/Reapplication?

[PeculiarCupcake]

Hi there.

My husband (US citizen) has applied for his PR under the Family Class sponsorship. I was his sponsor. Part of the application was to get an FBI background check and they wanted it within 30 days. The FBI office in the US, however, had a 3 month backlog so we had to wait. When we finally got the background check in the mail, my new mom brain and his man brain forgot to mail it out. Therefore, his application was declined. Now he also had to do a medical exam and fingerprinting.

My question is.. do we have to redo those if we reapply for his PR? I'm pregnant with baby number two and would rather not have to move down to the US while pregnant and go through that hassle. His open work permit expires in April and we are trying to weigh out our options. We are still within the timeframe to submit an appeal also.

Thanks!

 

[Jazzercise]

Hi there.

My husband (US citizen) has applied for his PR under the Family Class sponsorship. I was his sponsor. Part of the application was to get an FBI background check and they wanted it within 30 days. The FBI office in the US, however, had a 3 month backlog so we had to wait. When we finally got the background check in the mail, my new mom brain and his man brain forgot to mail it out. Therefore, his application was declined. Now he also had to do a medical exam and fingerprinting.

My question is.. do we have to redo those if we reapply for his PR? I'm pregnant with baby number two and would rather not have to move down to the US while pregnant and go through that hassle. His open work permit expires in April and we are trying to weigh out our options. We are still within the timeframe to submit an appeal also.

Thanks!

I'm a little confused (I'm a little under the weather, so probably my fault for not following you completely). Have you submitted an outland or inland application? If the latter, there is no appeal option and you'll have to reapply. If the former, I have absolutely no idea what the success rate is for getting a favorable decision under these circumstances.

In the even you do have to reapply, I'm unsure as to whether you'll have to re-do medicals, police certificate, etc. My guess is that yes, you would, but it's really only a guess. What I can say with a bit more certainty... FBI identity checks are valid for a few months -- I'd look this up, as I don't remember off the top of my head how long they're good for. If you do have to get a new FBI identity report, there is no longer reason to wait months three months for it. You can fill out a form, get fingerprints done, mail the two documents to DOJ, and get a report emailed back to you within a few days. You can even get a report emailed to you within minutes if you go through an approved channeler (pricier though).

Hopefully someone else here can give you more useful info/guidance!

 

[canuck_in_uk]

Hi there.

My husband (US citizen) has applied for his PR under the Family Class sponsorship. I was his sponsor. Part of the application was to get an FBI background check and they wanted it within 30 days. The FBI office in the US, however, had a 3 month backlog so we had to wait. When we finally got the background check in the mail, my new mom brain and his man brain forgot to mail it out. Therefore, his application was declined. Now he also had to do a medical exam and fingerprinting.

My question is.. do we have to redo those if we reapply for his PR? I'm pregnant with baby number two and would rather not have to move down to the US while pregnant and go through that hassle. His open work permit expires in April and we are trying to weigh out our options. We are still within the timeframe to submit an appeal also.

Thanks!

If the only reason for refusal was the missing FBI certificate, you can ask your MP to try to have the file reopened.

 

[kemeshia]

Hi there.

My husband (US citizen) has applied for his PR under the Family Class sponsorship. I was his sponsor. Part of the application was to get an FBI background check and they wanted it within 30 days. The FBI office in the US, however, had a 3 month backlog so we had to wait. When we finally got the background check in the mail, my new mom brain and his man brain forgot to mail it out. Therefore, his application was declined. Now he also had to do a medical exam and fingerprinting.

My question is.. do we have to redo those if we reapply for his PR? I'm pregnant with baby number two and would rather not have to move down to the US while pregnant and go through that hassle. His open work permit expires in April and we are trying to weigh out our options. We are still within the timeframe to submit an appeal also.

Thanks!

Appeal can take time. I would reapply if the case can not be reopened after talking to the MP.