OroRob

I'm new here - hoping someone can tell me whether it's possible to file a new sponsorship application while an appeal on refusal of a previous sponsorship ap is still in process?

Paul Wildy

I dont think there are any rules that say you cant make the application (assuming it is not to sponsor the same person). But, what were the reasons for refusing the first application? Would those reasons apply equally to the second application?

OroRob

Hi - Thanks. Did you mean to say assuming it's not to sponsor the same person - because it would be.

The reasons for the first refusal are complicated, involving the inadmissibility of a non-accompanying 'dependent'. The refusal was "in error of law" - but that doesn't mean it can be overturned without an appeal, which takes forever. The change is that now the 'dependent' no longer qualifies as a dependent - the original ap was filed almost a year and a half ago - so we're hoping we can leave him off the new application. But we don't know what CIC will do when they see that we've not included a previously declared dependent who was inadmissible and caused the refusal. It seems logical that they'd be "suspicious" - so we're hoping to find out how we might deflect that going in, maybe by addressing it upfront with information about why he is no longer required to be included in the application. But we're first trying to determine whether it's even allowed to file a new ap without abandoning the appeal.

There are just so many questions - and the priority issue right now is that my wife's temporary status has to be extended soon. We're worried it will be refused because the IO found her inadmissible - even if they shouldn't have. We don't want to be separated.

Paul Wildy

Oh, I assumed it was to sponsor someone else.

If it were me I would contact CIC and ask them. They may not want to process another application for the same person if the appeal board could make a decision that would render the application redundant. But either way (and the same goes for extending the temp visitor visa) the best bet is never to leave them to be "suspicious" as to your motives but rather to include a covering letter or other info which fully explain the circumstances. Its always better to proivide more information than is required so the visa officers dont have to guess.

OroRob

Well, that's what we did on the first application - we were upfront and honest and completely forthcoming - and it pi$$ed off the IO and she refused the application. Suddenly we're not certain about playing by the rules anymore cuz they seem to interpret them their own way, even when it disregards the IRPA and the Regulations!

I know - you don't have any idea what happened for us, but believe me - you wouldn't believe it if I told you! My wife will probably post it all sometime soon on her profile.

BristolUK

CIC made a series of errors on my Sponsorship/PR applications. They admitted the errors, accepted things would have been different but for the errors and apologised but they did bugger all to correct matters. The main error meant the PR application was doomed to failure.

It needed a second application with a whole new set of fees to get the right result and I now have PR. As you say, an appeal takes forever. I tried to get a refund but they just ignored all contact. A complaint to the minister for immigration was simply passed on to them for them to investigate themselves and merely elicited a 'form letter' from them with no accountability whatsoever.

They were in error on a different matter relating to the need for renewing a visitor visa when processing the second application too and I had to quote the relevant part of their own guide for them to change their mind.

So I probably would believe you, I'm sure.

LuvMyBear

BristolUK - did you file an appeal, or just start all over again with a new application? I've already filed my request for an appeal and it was confirmed as received, but I've still not gotten anything from them and it's been almost 90 days. I've read it can be up to 120 days and then that's still just the beginning. My husband and I are dying - being separated like this! I'm worried now that I messed us up by requesting an appeal - hoping someone can tell me if I can get out of it and how.