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Which box to check - Withdraw or Proceed?

JHJ

Newbie
May 7, 2014
9
0
Hi All,
In form 1344, the first question is about ineligibility - which one is best to check; withdraw or proceed if found ineligible?
I am a US citizen here in Canada on a WPermit and am now applying for PR through my wife who is a citizen.
Thanks
 

rhcohen2014

VIP Member
Apr 6, 2014
4,935
185
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
March 17, 2014
Doc's Request.
April 11, 2014
AOR Received.
May 8, 2014
File Transfer...
May 9, 2014
Med's Request
upfront
Med's Done....
Nov 15, 2013
Interview........
waived
Passport Req..
July 15, 2014
VISA ISSUED...
July 25, 2014/ received August 1, 2014
LANDED..........
August 29, 2014
it has been suggested, withdrawl is best. i did not know this when i filled out my application!!!!
 

JHJ

Newbie
May 7, 2014
9
0
Thanks. It says if I check withdraw I don't have right to appeal. But does that mean I can reapply?
 

rhcohen2014

VIP Member
Apr 6, 2014
4,935
185
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
March 17, 2014
Doc's Request.
April 11, 2014
AOR Received.
May 8, 2014
File Transfer...
May 9, 2014
Med's Request
upfront
Med's Done....
Nov 15, 2013
Interview........
waived
Passport Req..
July 15, 2014
VISA ISSUED...
July 25, 2014/ received August 1, 2014
LANDED..........
August 29, 2014
JHJ said:
Thanks. It says if I check withdraw I don't have right to appeal. But does that mean I can reapply?
yes. it's better to withdrawl and reapply rather than appeal. they are completely separate issues. appeals can take 1-2 years. reapplying takes as much time as you need to get a stronger application together.
 

taffy7

Champion Member
May 23, 2013
2,482
69
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
10th April 2014/June 10th 2014 application complete
Doc's Request.
09 June 2014 same doc's requested again 6th Oct 2014. docs not needed again mistake by cic
AOR Received.
sponsorship approval 05 Aug 2014
File Transfer...
05 Aug 2014
Med's Request
28 July 2015
Med's Done....
30th Dec 2013
Passport Req..
in process 18th July 2015/ DM 5/12/2015
LANDED..........
28/12/2015
I was advised to tick withdraw as if the sponsor is not eligible then the applicant's file will continue but won't be approved and you will lose the second fee (applicants fee) .If you tick withdraw you will only lose the $75.00 sponsorship fee. You can then fix what ever the problem was and re apply.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
The ONLY time that you should ever consider "Proceed" is if you anticipate an H&C exemption from the sponsorship eligibility. This is extremely rare and shouldn't be undertaken without legal advice first.
 

Double Rainbow

Hero Member
Oct 23, 2012
626
12
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
07/2012
AOR Received.
09/2012 for Stage 1 approval
File Transfer...
09/2012
Med's Request
03/ 2014
Med's Done....
01/2014
Interview........
Notice received via e-mail for 01/2013
Passport Req..
Notice received via e-mail for 01/2013
VISA ISSUED...
05/2014
LANDED..........
06/ /2014 :D
zardoz said:
The ONLY time that you should ever consider "Proceed" is if you anticipate an H&C exemption from the sponsorship eligibility. This is extremely rare and shouldn't be undertaken without legal advice first.
My consultant ticked proceed on my application to sponsor my husband. We were denied the visa I appealed and was granted an ADR in which I won in 2013. Waiting for the Embassy to call for hubby to go and get his visa. It seems like another waiting process yet again :'( I want my husband here. It will be our second wedding anniversary next week. It would be nice if he was here with me but I doubt that will be happening. I am so feeling sad it takes so long after winning the ADR. :'(
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Double Rainbow said:
My consultant ticked proceed on my application to sponsor my husband. We were denied the visa I appealed and was granted an ADR in which I won in 2013. Waiting for the Embassy to call for hubby to go and get his visa. It seems like another waiting process yet again :'( I want my husband here. It will be our second wedding anniversary next week. It would be nice if he was here with me but I doubt that will be happening. I am so feeling sad it takes so long after winning the ADR. :'(
At which stage of the processing was the refusal issued? If it was at any point after "Sponsor Approved" and the file had been forwarded to the Visa Office, the tick box selection would be irrelevant.
 

truesmile

Champion Member
Jun 7, 2012
2,622
94
Category........
Visa Office......
MNL
Job Offer........
Pre-Assessed..
App. Filed.......
25-05-2012
AOR Received.
18-07-2012
File Transfer...
24-07-2012
Med's Done....
18-05-2012
Interview........
WAIVED
Passport Req..
05-12-2012
VISA ISSUED...
08-01-2013
LANDED..........
02-02-2013
Ya, I was going to say, based on your post you said you were "denied the visa" not denied "sponsorship approval".
 

Awesomeg

Hero Member
Mar 2, 2014
715
25
Alberta
Category........
Visa Office......
Manila
Job Offer........
Pre-Assessed..
App. Filed.......
Feb. 13/2014
Doc's Request.
24-07-2014
AOR Received.
19-03-2014
Med's Done....
27-01-2014....Remeds 13-03-15
Interview........
"Waived" In Process August 19-2014
Passport Req..
July 24-2014.
VISA ISSUED...
DM after almost 15 months of waiting, April 20/15
LANDED..........
15-05-2015 Finally... together...
JHJ said:
Hi All,
In form 1344, the first question is about ineligibility - which one is best to check; withdraw or proceed if found ineligible?
I am a US citizen here in Canada on a WPermit and am now applying for PR through my wife who is a citizen.
Thanks
If you know that you may be ineligible you may want to proceed with your application, then you may want to check proceed,
that will send your application to the visa office which will proceed to deny your application. With the denial you can proceed to appeal
the decision.
That is why they write that option. to facilitate the process of appeal of ineligible sponsors.
 

soblue3

Hero Member
Apr 13, 2014
334
26
Category........
Job Offer........
Pre-Assessed..
AOR Received.
04-04-2014
File Transfer...
07-04-2014
Interview........
20-06-2014 denied Nov 1, 2014 application for appeal sent nov 15, 2014
Passport Req..
blue book received march 2015
Hi everyone, i am confused now. i understood that if i check withdrawal if i am not eligible to sponsor then if i was to be refused sponsorship i could not appeal that decision. but does it really mean that even though my sponsorship was approved but if he does not get approved then i can not appeal? now i am really worried.