Whether to check the option WITHDRAW OR PROCEED

[mifmis]

Dear Friends,

while filling up the form 1344E-A, which option is best and safer to select for No.1. If you found ineligible .....to withdraw or proceed..

If I select the option Withdraw, can I re-apply after i meet the condition for rejection?


What if I do not meet sponsorship requirements?
If it is your intent to withdraw your sponsorship application in the event we assess that you are ineligible to sponsor, you must notify the Case Processing Centre in Mississauga of your intent before the visa office begins to process the application for permanent residence of the person you want to sponsor. If you do not, you will not be eligible for a refund of your processing fees. You can notify us of your intent by checking the appropriate box on your application form (IMM 1344A). See instructions on how to complete the Application to Sponsor and Undertaking for additional details.
If you do not qualify as a sponsor and chose to withdraw your sponsorship application, you will be refunded the fees for processing the application for a permanent resident visa and any Right of Permanent Residence Fee you have paid. There will be no decision on the application for permanent residence of the person you
Sponsorship I - Parents, grandparents, adopted children and other relatives 11
are sponsoring and you will not have a right of appeal. You could then resolve the situation leading to your ineligibility and re-apply at a later date.
If you do not qualify as a sponsor and have not notified the Case Processing Centre in Mississauga of your intent to withdraw, the application of the person you are sponsoring will be processed. The visa office will likely refuse the application for permanent residence and inform you in writing of your right to appeal.

Thanks

 

[sierra_rose]

hello,it's my opinion and also my experience that it's best if you check withdraw.if you are not eligible to sponsor it's better to withdraw rather than opt to proceed,your application will be refused,and you will not get your fees back once it's been processed.granted you will be able to appeal based on why you were refused,however appeals generally take upto 2 years and more.where as if you withdraw you have the opportunity to fix the ineligibility problem, and reapply later,that is much shorter than allowing it to go forward.good luck with your application.

 

[waitingintz]

Hello

I consulted with a very experienced lawyer about a few things when compiling my application and he said to check the box to continue with the application if the sponsor is rejected.

Unfortunately, he didn't give me a detailed explanation about why he recommends this so can't offer a professional explantion.

 

[RobsLuv]

Hello

I consulted with a very experienced lawyer about a few things when compiling my application and he said to check the box to continue with the application if the sponsor is rejected.

Unfortunately, he didn't give me a detailed explanation about why he recommends this so can't offer a professional explantion.

I cannot imagine why any lawyer would advise a spousal sponsor to opt to proceed. If the sponsor is not eligible, the applicant absolutely CANNOT be approved. Opting to proceed only sends the application away to the embassy and you spend months and months waiting for the inevitable refusal. It's much better, as sierra_rose says, to get the application (and the fees) back so that the reason the sponsor is not eligible can be fixed. Then you simply resubmit the application. Any lawyer that advises otherwise isn't qualified to practice and I wouldn't trust anything else they advised either.

 

[canadianwoman]

Check the option 'withdraw.' If the sponsor is not eligible to sponsor, if you continue the application it will be rejected anyways. If you choose to withdraw, you get most of your money back, and you get the answer quickly (rather than waiting for months for the refusal from the visa office), so you can fix the problems that made the sponsor ineligible and reapply.

The only reason to choose 'proceed' is that you can then appeal the refusal. But appeals can take a year or more to be heard, you will most likely lose the appeal if the sponsor is not eligible, and even if by some chance you win the appeal, the application goes back to the visa office for continued processing, which usually takes longer than a new application anyway.

Save time and choose to withdraw, then reapply.

 

[rjessome]

The lawyer advised to check "proceed" so you don't lose your right of appeal under Humanitarian and Compassionate grounds. It's an uphill battle but it has been done. If the application is withdrawn, there is no refusal and no right of appeal and therefore no other options.

 

[joecreosta]

The lawyer advised to check "proceed" so you don't lose your right of appeal under Humanitarian and Compassionate grounds. It's an uphill battle but it has been done. If the application is withdrawn, there is no refusal and no right of appeal and therefore no other options.

you are right. if u willingly withdraw ur applications then theres no chance for appeal. so best is to click proceed so then he can come in and help u if need be

 

[locolynn]

If you check proceed, but decide to withdraw after you have been refused, will you still get a partial refund?

I'm imagining a case where you get refused for an easily remedied reason (perhaps they don't believe you'll resettle) so it makes more sense to withdraw and reapply....

Lynn

 

[joecreosta]

If you check proceed, but decide to withdraw after you have been refused, will you still get a partial refund?

I'm imagining a case where you get refused for an easily remedied reason (perhaps they don't believe you'll resettle) so it makes more sense to withdraw and reapply....

Lynn

depends.if u SPONSORHIP is refused.then u only pay them 75 bucks rest is refunded to u.

 

[rjessome]

If you check proceed, but decide to withdraw after you have been refused, will you still get a partial refund?

I'm imagining a case where you get refused for an easily remedied reason (perhaps they don't believe you'll resettle) so it makes more sense to withdraw and reapply....

Lynn

It's just the sponsorship part that this is talking about. Proof of resettlement is assessed at the visa office. What is assessed at CPC-M is eligibility to sponsor so no welfare, no undischarged bankruptcy, no default on former undertaking, no criminality (specific to sponsorship eligibility), not in detention, Canadian citizen or PR, etc. A couple of these issues can be easily remedied such as waiting for discharge from bankruptcy or a PR not living in Canada moving here. Those are no-brainers and the sponsor should just wait to do that before filing. However, the others are more complicated and may require H&C considerations.

It's a choice that for most sponsors will have zero impact on their file as they will qualify to sponsor. All I'm saying is the reason why the lawyer (and most will tell you the same) said to check "proceed".

 

[MrsCasanova]

my lawyer said to check the withdrawl box...thats what we did

 

[waitingintz]

I'm pretty sure the advice I got from the lawyet to check 'proceed' was based on the information I'd given him which indicated that there would be no reason for me not to be approved (no legal or financial issues, etc) so probably he said to check 'proceed' thinking that if I was refused it would be for appeal-able reasons not standard non-qualification.

So I guess just read through the requirements VERY carefully and make a decision.

Fortunately I was approved as a sponsor so I don't have to worry about it

 

[joecreosta]

laywer knows best. listent o thim