*** denied refugee claimant***
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Author Topic: *** denied refugee claimant***  (Read 3698 times)
Aiman
Star Member
****

Posts: 130
Ratings: +0
Category........: FAM
Visa Office......: Vegreville
App. Filed.......: 20-06-2011
Med's Done....: 29-09-2011
Interview........: No interview
Passport Req..: 27-04-2012
VISA ISSUED...: Sooooon
LANDED..........: Sooooon

« on: July 22, 2011, 10:32:51 am »

Hello all;

I'm a denied refugee claimant in April 1st but my girlfriend and I decided to get married on the 29th of April along with the royal wedding and we applied for an inland sponsorship application and it says received on June 20th and started processing in June 24th.

I submitted all the documents like photos outtings wedding ceremony and reception and honeymoon pictures.
We've met back in December 2009 we been together since last summer when we made our relationship official with our friends then I proposed to her before I had my hearing on march 1st. I proposed to her on february 14th valentines day.

Has anyone by coincidence has similar case to share
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confusednscared
Hero Member
*****

Posts: 852
Ratings: +56
Category........: FAM
Visa Office......: Outland
Pre-Assessed..: Yes
App. Filed.......: 02-06-2009 CPC-M
Doc's Request.: NONE
Med's Request: 2009, 2010
Interview........: 14-09-2010
Passport Req..: 02-08-2011
VISA ISSUED...: 20-08-2011
LANDED..........: 14-09-2011

« Reply #1 on: July 22, 2011, 10:51:08 am »

Apply for Humanitarian and Compassionate Grounds within Canada while you submit your sponsorship application.

Keep building on evidence to show your relationship is real.

Time is of essence here because right now CBSA is going to try and remove you from Canada, usually a departure order (good on your side) but once the 30 day mark for the departure order passes which I am sure it already has, it automatically becomes "Departure order turned into deportation order" (bad on your side and immigration record). This type of order will remove (deport) you from Canada to your homeland and you will need to apply for a Minister's Permit known as Authorization to Return to Canada which is usually not 100% guaranteed but is considered on a lot of grounds mainly family.

I assume your spouse has applied to Sponsor you Inland as opposed to Outland (Visa office closest to your birth region). The chances that you will be called for an interview are high because of the immigration record you already hold in Canada. Inland applications can be approved and granted PR very quick providing you have no criminal or immigration barriers. In  your case, you stand a 99% chance being called for an interview by which time your application gets sent to a local CIC office and they determine when they will call you for an interview.This can take anywhere between months to a few years.

H&C application and your Spousal Application will be handled differently. Your primary aim is to hope that CIC pushes for approval on your Spousal Application before they start working on your H&C application. If it's the reverse, you will be up for some serious re-consideration of your application and will most likely have to apply Outland.

It is best at this time to apply Outland seeing that you already have an immigration record in Canada. Application processing times are quicker Outland vs. Inland.

This is just my two cents and from experience making these decisions.

Good luck Smiley
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Aiman
Star Member
****

Posts: 130
Ratings: +0
Category........: FAM
Visa Office......: Vegreville
App. Filed.......: 20-06-2011
Med's Done....: 29-09-2011
Interview........: No interview
Passport Req..: 27-04-2012
VISA ISSUED...: Sooooon
LANDED..........: Sooooon

« Reply #2 on: July 22, 2011, 11:36:33 am »

I have received a letter yesterday saying that I have to go 6900 airport rd. It's regarding the deportation order and they said that I'm subject to removal order. And that I need to report to cbsa every month they will send me a letter. What I should be expecting ?!

What are other proof of genuin marriage that I can provide ?
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komar
Star Member
****

Posts: 150
Ratings: +4
Category........: FAM
Visa Office......: Vegreville, AB
App. Filed.......: 29-04-2010
Med's Request: 12-03-2011
Med's Done....: 01-04-2011
LANDED..........: 21-06-2011

« Reply #3 on: July 22, 2011, 12:03:52 pm »

Provide as many photos as you can of you and the spouse, emails, cards, ph bills showing calls made to each other, supporting letter from relatives, family memebers and friends confirming that they know you as a couple or have attended your wedding, proof of living togather like lease agreement, utility bills, joint bank account etc and anything that has the names of both of you.

Go as far back as you can to prove that you know each other since 2009 and keep sending new evidence say every month to strengthen your case by showing that you are in a genuine and continued relationship because they would think you got married quickly after losing your refugee case to avoid deportation.
Logged

Spouse Sponsor Application Recieved: 4/29/10
Started Processing: 07/13/10
Decision Made: 03/12/11
Medical recieved: 05/09/11
Decision Made: 05/30/11
Landed: 06/21/11 YAYYY!
(Took almost 25 months from the time we first applied in 2009)
confusednscared
Hero Member
*****

Posts: 852
Ratings: +56
Category........: FAM
Visa Office......: Outland
Pre-Assessed..: Yes
App. Filed.......: 02-06-2009 CPC-M
Doc's Request.: NONE
Med's Request: 2009, 2010
Interview........: 14-09-2010
Passport Req..: 02-08-2011
VISA ISSUED...: 20-08-2011
LANDED..........: 14-09-2011

« Reply #4 on: July 22, 2011, 01:13:29 pm »

I have received a letter yesterday saying that I have to go 6900 airport rd. It's regarding the deportation order and they said that I'm subject to removal order. And that I need to report to cbsa every month they will send me a letter. What I should be expecting ?!

What are other proof of genuin marriage that I can provide ?

From my experience, I was handed an application to apply for Pre-Removal Risk Assessment (PRRA) in which an IO will determine if you have reasons still to remain in Canada. The chances of scoring positive in a PRRA application is under 5% success rate. It is very difficult.

If not, the CBSA officer will probably tell you that you have to leave Canada by a certain date. The time they give you is undecided and follows no specific procedure. You can be asked to leave in a day/s, week/s, month/s. I think this is good in your favor because you will only be issued a Departure Order. If I were you, I would definitely take the departure order, leave Canada on the date CBSA asks me to leave and apply for Spousal Sponsorship outland. It will benefit you better in the long run. Taking the departure order makes your outland application less hassle because once you are approved you will be able to come back to Canada without any immigration barriers. If however you over stay and CBSA deports you, you will need to apply for Authorization to Return to Canada which is a whole new set-up.

A last option that the CBSA officer may consider is if you have already submitted an Inland application for Sponsorship they will give you sometime to wait out the processing but this varies and depends on the type of CBSA officer you have. Just pray and hope you get a nice officer. They usually don't ask for or look at any documents but having your proof of submitting an Inland Spousal application such as receipts of acknowledgement from CIC can help.

Again, good luck.

It's a tough process but always remember that you are not the first nor the last. Therefore, you must remain strong and never give up or lose hope. If there is true love between you and your spouse, no barrier of immigration can split you up even if you have to live in your home country for a short period of time while your application goes through processing. The wait, fight and struggle with immigration makes our relationships more meaningful and permits us to appreciate the people we have in our lives Cheesy

Hope this helps.



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komar
Star Member
****

Posts: 150
Ratings: +4
Category........: FAM
Visa Office......: Vegreville, AB
App. Filed.......: 29-04-2010
Med's Request: 12-03-2011
Med's Done....: 01-04-2011
LANDED..........: 21-06-2011

« Reply #5 on: July 22, 2011, 03:43:21 pm »

In our case, our application was rejected and PRRA was issued. We reapplied for inland spousal and then filled the PRRA application and sent it off too. A year later our spousal application got approved but we never heard back from CBSA regarding PRRA.

Logged

Spouse Sponsor Application Recieved: 4/29/10
Started Processing: 07/13/10
Decision Made: 03/12/11
Medical recieved: 05/09/11
Decision Made: 05/30/11
Landed: 06/21/11 YAYYY!
(Took almost 25 months from the time we first applied in 2009)
Aiman
Star Member
****

Posts: 130
Ratings: +0
Category........: FAM
Visa Office......: Vegreville
App. Filed.......: 20-06-2011
Med's Done....: 29-09-2011
Interview........: No interview
Passport Req..: 27-04-2012
VISA ISSUED...: Sooooon
LANDED..........: Sooooon

« Reply #6 on: July 22, 2011, 11:23:50 pm »

Komar what do u mean by ur application was rejected were you on a refugee case and got denied and then got married or is it your inland sponsorship application that was rejected.
For the PRRA I think they issue it if they don't get an update regarding the sponsorship but do you think they know about or is it that I have to attend the interview that I will have to report to them every month and updating my status.

 @  confused and scared: do you think that I can apply for two permanent residence application going on st the same time because if that's the case I could have done a refugee claim and an H&C

Just to clarify things I have not yet received a PRRA from CBSA; wouldn't the immigration inform CBSA that I'm waiting for an answer for the sponsorship.
Logged
komar
Star Member
****

Posts: 150
Ratings: +4
Category........: FAM
Visa Office......: Vegreville, AB
App. Filed.......: 29-04-2010
Med's Request: 12-03-2011
Med's Done....: 01-04-2011
LANDED..........: 21-06-2011

« Reply #7 on: July 23, 2011, 02:40:47 pm »

Komar what do u mean by ur application was rejected were you on a refugee case and got denied and then got married or is it your inland sponsorship application that was rejected.
For the PRRA I think they issue it if they don't get an update regarding the sponsorship but do you think they know about or is it that I have to attend the interview that I will have to report to them every month and updating my status.
Just to clarify things I have not yet received a PRRA from CBSA; wouldn't the immigration inform CBSA that I'm waiting for an answer for the sponsorship.
First the refugee case was rejected then the appeal was refused then applied on the H&C application which was pending for 5 years. We got married and applied for inland sponsorship which got transferred to local office three months later and rejected by the local office without interview a week later. PRRA was initiated by CBSA about a month later. We were advised to apply outland and that there is 0% chance of approval but we re-applied inland last year and submitted the PRRA application too. A year later we got approved on sponsorship application but never heard anything about PRRA.

The letter that we got from CBSA specifically said its an interview for PRRA and there we were given an application to fill and send back within 15 days with supporting documents. CBSA usually know if there is a spousal application in process by CIC and wait for the decision before they initiate PRRA. We reapplied inland as soon as we could before we got PRRA because once PRRA is initiated, then you can not apply for immigration.

Closely follow the processing on your application online. If your application gets transferred from vegreville to local office without AIP, then you should be on guard. As I said before, send updates to your application every month with as much proof of the authenticity and continuity of your relationship as you can. You want them to believe it beyond any doubt that its not a "marriage of convenience" for the sake of immigration. Dont stop till you get approval. We made the mistake of waiting for them to call us for an interview or ask for further proof which resulted in the application getting rejected the first time around.
Logged

Spouse Sponsor Application Recieved: 4/29/10
Started Processing: 07/13/10
Decision Made: 03/12/11
Medical recieved: 05/09/11
Decision Made: 05/30/11
Landed: 06/21/11 YAYYY!
(Took almost 25 months from the time we first applied in 2009)
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