Application to Sponsor...Part 1....If you are found ineligible to sponsor...

[Beeo08]

The first question says:

If you are found ineligible to sponsor indicate whether you want to:

Withdraw your processing fee.

Proceed with the applicaiton. Processing fees will be retained.

At first, I put that I would withdraw my fee. But I read somewhere that if you withdraw your fee you can't appeal.

Anyways, I'm not too worried about this as I am eligible. But I'm living outside of the country, so I have to prove that we are planning to move back, which I believe I have.

But I'm wondering if the second one is the best to choose?

Also, is that true that you can't appeal if you choose the first one?

Thanks!

 

[CDNPR2014]

you want to choose withdraw your fee.

choosing "proceed with your application" as a spousal sponsorship is pointless. the applicant must have an approved sponsor, and the application will be rejected if the sponsor isn't eligible. there would be no reason to appeal either, because there needs to be a eligible spousal sponsor to get pr through spousal sponsorship.

unless the sponsor has applied for bankruptcy or has some serious domestic violence criminal record, it is very rare they will be rejected, so it's not something to worry about.

 

[Beeo08]

Why would they include this option then if it's pointless? seems strange.

Also, is that thing about losing your right to appeal correct?

 

[CDNPR2014]

Why would they include this option then if it's pointless? seems strange.

Because this form is a generic application for ALL immigration streams. it is not specific to spousal sponsorship.

Also, is that thing about losing your right to appeal correct?

Yes, if you withdraw your application, then there is no application. you are basically telling them, if you don't approve my sponsor, send me my application back. There would be nothing to appeal because there would be no application. You would need to reapply with a new application. This question is specific to the applicant's application, it has nothing to do with processing the sponsor's application.

 

[canadianwoman]

The only reason to say you want to continue with the application even if the sponsor is found ineligible, is when you know that the sponsor is ineligible, but you hope the visa officer will approve the application anyway because of humanitarian and compassionate reasons, or you are hoping for the same at the appeal.

For the average applicant, this is useless. Without an eligible sponsor, the application will be refused. It is better to say you want to withdraw the sponsorship if the sponsor is found to be ineligible. This way you get most of your money back; in addition, you can then see why the sponsor was not approved, fix the problem, and reapply.

In a sense, you do lose your appeal rights, but they are talking only about the right to appeal the refusal of the sponsor. If the sponsor is approved, but then the applicant is rejected, you can still appeal that.

 

[Beeo08]

fair enough. i sent the application in yesterday and did as you guys suggested. makes more sense and i'm eligible anyway, so it will be fine. probably just overthinking things too much!

 

[Shineon39]

fair enough. i sent the application in yesterday and did as you guys suggested. makes more sense and i'm eligible anyway, so it will be fine. probably just overthinking things too much!

Overthinking will be your main activity for the next month to come until you get approuved and everything is fine . Good luck, wish you speedy processing time! From wich visa office did you apply?

 

[Beeo08]

haha yeah. we applied from the Bogota, Colombia office. supposedly applications get processed at a decent rate here, at least looking at the spreadsheets with other applicants.