maleabs

After married to a Canadian woman, I decided to cancel my SW application and apply for spouse sponsorship.

I call my laywer and he send me a form "Consent to withdraw form", He ask me to sign it but I am afraid of what is written in, which is:

I understand that my application for permanent residence may fall within the class of persons affected by the Order of the Federal Court, dated June 20, 2003, in Court File no. IMM-2819-02 and Cross-Reference no. IMM-2117-03.


So I need your professional help to uderstand the meaning of this paragraph before signing it.

Respect,

edsask

Here's the link to the relevant cases, but given that they're rendered in finest legalese, I'm at a loss as to what they mean.

Sorry I can't help more.

ptolomeus3

Hi maleabs,

just to understand, you have a lawyer who busy oneself with your PR Application and then you ask on a forum for explanations i.e. professional help
Why do you have a lawyer then

Cheers,
Eric

Jim Humphries

I think you should ask your lawyer. He or she will probably tell you there is no problem in your case since you will be sponsored by your Canadian wife. The problem lies with SW applicants who applied before a certain date and were granted an advantage that the CIC wished to take away. If you were to withdraw and then re-apply in the SW category that edge would be gone. Do check with your lawyer though!!

maleabs

Dear there

I appreciate your help. but I couldn't trust my lawyer any more, because of that I wantto cancel my SW application and apply by myself for spouse sponsorship.
What I need to know is "Is there any problem in signing this form"?

I want to cancel my application now, does anyone know how long does it take for the Canadian embassy in Paris to cancel my appliation and send my documents back.

Andrew Miller

The form your lawyer wants you to sign applies to cases submitted prior to 2002 - are you in that group?

Anyway - it is unlikely that you will receive any documents back. No fees back either.

Start collecting all again.

maleabs

Yes sir I applied on 2002. Is it safe to sign the consent form.

But is it sure that I will not received any documents back? and how long does it take to cancel my SW application. and can I start a sponsorship application now or wait untill cancelling my SW application.

Thanks for your help.

Andrew Miller

Your application was received by visa post in 2002 or prior to 2002? Only if it was received by visa post on or before december 31, 2001 the document lawyer wants you to sign will apply.

And yes, you will not get any documents or application fees back.

You cannot have 2 applications in process, thus your current one must be withdrawn before new one goes in.

You don't need your lawyer to do it if you are unhappy with his/her performance. Send to visa post Use of Representative form canceling his/her appointment and your own request to withdraw your application. It may take several weeks to get the answer. You may ask for return of original documents (if you submitted such and they are still valid), but don't hold your breath.

maleabs

I appied for sw in CHC Paris on may 2002.

Can I apply for sponsorship on another Office which is Cairo. or I also neee
d to cancel my current application

Andrew Miller

If you applied in May 2002 then your lawyer doesn't know what s/he is doing asking you for signing the document that only applies to cases submitted prior to 2002. Just as s/he didn't know what s/he was doing when decided to submit your application to Paris in the first place and when decided to apply before rules were even known as Regulations were published June 11 2002. Absolutely worthless lawyer (if lawyer in the first place).

You need to do what I suggested in the earlier post in order to cancel your application.

As for sponsorship - it is your spouse who submits 2 complete applications (application to sponsor and your PR application) to CPC Mississauga, Ontario. After sponsor is approved your PR application will be forwarded to visa post responsible for applications from the country of your residence.

maleabs

Thanks sir for your help.

Because of this I am planning to apply for sponsorship by myself.

So if my wife will apply for a sponsor applicationg and I need to apply for PR application (the embassy responsible for my region is Cairo) so can she apply now before cancelling my current SW application?

Thanks again for your help Andrew

Andrew Miller

No, because your PR application package, medicals receipt and absolutely all supporting evidence must be submitted together in one package with your spouse's application to sponsor. Both applications go together to CPC Mississauga and after sponsorship is approved (~30 days) CPC will forward your PR part to Cairo.