Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.
No Appeal When Applying within Canada?
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sl76 Posts: 15
Posted On: 6/3/2015
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Hello,
This is my last question (for today)...
My wife (and I) will be applying for her PR after she lands in Canada. On the CIC site under "applying in Canada" it says that you can't use the forms if you "intend to appeal if the application is refused." Does that mean that there is no way to appeal if my wife's application is denied? We have been married for almost 10 years (10th anniversary is this September) and we have two sons together. I will need to appeal if her application is denied so that my family can stay together. The site provides a link for those who "cannot" use the forms for applying in Canada which leads to forms for applying OUTSIDE of Canada. But we both will be IN Canada when we apply.
I realize that CIC needs to be careful about who receives PR, but a lot of this is very confusing. I simply want to return to Canada with my wife and sons so any information you can provide will be greatly appreciated.
Thank you for providing this forum.
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Moderator Moderator Posts: 4142
Posted On: 6/5/2015
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Hello,
Thank you for sharing your additional questions with us.
Yes, you are right that this is the case with in Canada class.
You can find some additional information regarding this in the CIC IP 2 Processing Applications to Sponsor Members of the Family Class Operations Manual,
Here is an excerpt,
5.38. No appeal rights Sponsors of applicants seeking to remain in Canada do not have a right of appeal to the IAD. This includes:
- Members of the Spouse or common-law partner in Canada class; and
- Applicants seeking permanent resident status on humanitarian and compassionate grounds.
Once you arrive in Canada you may also want to contact the Citizenship and Immigration Canada (CIC) Call Centre directly for some suggestions and information regarding your situation.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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