Decision made, can I restore case?

Canada Immigration Forum (discussion group)


 
       
Subject: Decision made, can I restore case?
  Hello,

I had sponsored my wife and she applied for permanent residency with the IN Canada application in 2010.

She left the country about 10 months ago to go back to the USA, due to uncertainty about the process and how long it would take to complete (this after 2 years of waiting).

We recently received a letter requesting an interview (31 months after submitting our PR application)which we were not able to attend due to her being out of the country and now a decision has been made and the PR application has been refused.

Would it be possible to restore the case?

What would be involved in that process?

[26-05-2013,14:53]
[***.191.226.87]
sweb87
(in reply to: Decision made, can I restore case?)
Apply again using the outland (outside of Canada) process.

Your inland application has been rightly refused because your wife couldn´t attend the interview. You cannot appeal inland application refusals. Forget about the inland and start again with the outland.

[26-05-2013,16:28]
[**.30.91.40]
Anonymous
(in reply to: Decision made, can I restore case?)
Thank you for your reply,

Would there be any limitations to us restarting an In-land application?

The out-land application appears to take longer and that would also mean us being separated.

[26-05-2013,19:10]
[***.191.226.87]
sweb87
(in reply to: Decision made, can I restore case?)
I also wonder why you would recommend the outland. Have you had more experience or greater success dealing with that type of application?
[26-05-2013,19:16]
[***.191.226.87]
sweb87
(in reply to: Decision made, can I restore case?)
The processing times posted for outland applications represent how long it took CIC to complete processing for 80% of applications. This means many people get through faster - some quite a bit faster than posted.

Back in 2010 when I sponsored my American husband for PR using the outland process, I believe the posted processing time for the US was 10 months. We were done in 4.

The main advantage of the outland process for us was that it allowed my husband to leave Canada without jeopardizing the application.

[26-05-2013,22:53]
[**.30.91.40]
Anonymous
(in reply to: Decision made, can I restore case?)
That sounds like a good option.

I´m glad that your application was processed that soon!

Did your husband have a temporary resident visa for the mean-time or did he just come as an informal visitor?

[26-05-2013,23:00]
[**.171.231.16]
sweb87
(in reply to: Decision made, can I restore case?)
He came as a visitor to Canada using his passport only (he was still a "formal" visitor even without a TRV).
[27-05-2013,07:27]
[***.205.241.253]
Anonymous
(in reply to: Decision made, can I restore case?)
What the hell is an informal visitor? A visitor that is not wearing a tox at the port of entry?

There is no such a thing restoring an application. Once an application is finalized and a decision is made, that decision is final.

Your best bet is to apply again from outside of Canada. It is faster and safer.

[27-05-2013,15:43]
[***.115.153.178]
DocD
(in reply to: Decision made, can I restore case?)
tox=Tux
[27-05-2013,16:48]
[***.115.153.178]
DocD
(in reply to: Decision made, can I restore case?)
well Doc, all sarcasm aside (however hilarious), what I meant by "formal" was if her husband had a paper visa (not passport).

Thanks for the recommendation though!

I do believe that I will be going through the Outside of Canada approach.


[27-05-2013,20:09]
[***.191.226.87]
sweb87
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