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February 14, 2012, 05:32:28 pm
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Author Topic: Inland sponsorship + removal  (Read 793 times)
brazu
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Posts: 6
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« on: July 15, 2009, 06:14:40 pm »

My husband had an inland spousal sponsorship that was in Process when he removed.  After less then 2 months out of Canada he was granted a temporary resident permit and is coming back tomorrow.  My question is that would his application still be in process even though he was removed (I never withdrew it) or would it have just stopped until he returned?  And also do I have to change it to a member of the permit class? I am being told that it would still be in process but his ID # has nothing on E-cas and it should be by now.  It is past his date on the CIC website. tia
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RobsLuv
Champion Member
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Posts: 1758
Ratings: +118
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.: Original:9May'07; Reprocess:7May'10
AOR Received.: Original:28Apr'07; Reprocess:26Apr'10
File Transfer...: n/a
Med's Request: Reprocessing:7May2010
Med's Done....: Jun2010
Interview........: n/a
Passport Req..: 30Nov2010!!
VISA ISSUED...: 31Dec2010!!
LANDED..........: 31Jan2011

« Reply #1 on: July 16, 2009, 01:28:02 pm »

This is an interesting question.  My situation is that my outland PR application was refused and our case is in appeal.  I had been in Canada the entire time with legal visitor status, but after the PR ap was refused, they refused to extend my temporary status and told me to leave Canada.  The Minister of Immigration overruled that decision and issued a TRP that allows me to stay in Canada for another year - so our appeal can be settled and hopefully PR granted.  I've been told that the TRP will not prevent me from getting PR if our appeal is allowed.  So the first question would be: is your husband's inland application still in process?  You should be able to find that out by contacting the Call Centre.

Second thing: I know that someone in Canada on a TRP is not eligible to apply under the permit holder class until they have been in Canada on a TRP for three years.

The big question is: is someone in Canada on a TRP eligible to be sponsored as a spouse?  I was under the impression that the answer to that was "No".  I was thinking that, if our appeal fails, I would not be eligible to be sponsored as a spouse under a new PR application unless I give up my TRP status - but now I'm not sure why I've been under that impression.  So hopefully someone who knows for sure can enlighten us both and provide some links to resources in the Act/Regulations or the processing manuals. 
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Married 9'06, ap sent 3'07 & refused in 1'08 due to inadmissible son.  Appeal won 1'10.  Ap back in process 4'10, new meds requested 5'10 - submitted in June.  FBI rec'd 8'10 after 12 wks!  Approved 30Nov2010! COPR recd 05Jan2011. LANDED 31Jan2011 YAY!
tdelyte
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Posts: 51
Ratings: +0
Visa Office......: ANKARA, TURKEY
App. Filed.......: February 8th, 2011 (CIC MISS)
File Transfer...: April 1st, 2011
Med's Request: RE-DO December 15th, 2011
Med's Done....: December 22, 2011
Interview........: May 10th, 2011- PASSED and informed the same day :-)
Passport Req..: January 24th, 2012-(phone call from Embassy) "medical has been received" updated on ECAS on December 19th
VISA ISSUED...: January 25th, 2012- Drop off PPT in the morning and told to come back in afternoon to pick-up PPT with Canadian VISA :-)

« Reply #2 on: July 29, 2009, 05:01:34 pm »

My husband had an inland spousal sponsorship that was in Process when he removed.  After less then 2 months out of Canada he was granted a temporary resident permit and is coming back tomorrow.  My question is that would his application still be in process even though he was removed (I never withdrew it) or would it have just stopped until he returned?  And also do I have to change it to a member of the permit class? I am being told that it would still be in process but his ID # has nothing on E-cas and it should be by now.  It is past his date on the CIC website. tia
I am trying to look into your story to see if there are any similarities to mine. My husband was issued a deportation order and didn't leave. He is here illegally and we don't know if I can sponsor him INLAND or if we should do it outside of canada....we were told he may get his application rejected outside of canada as he didn't leave canada and is inadmissible?
so does that mean my husband will never be able to live with me and our newborn baby in canada because he stayed here longer then he should have? he has no criminal record but is being told he avoided the deportation so now he cannot come back? because that is what we are being told :-( please help!!
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