Person under deportation order got approval letter from CIC

[Dhudson]

Hello.
My buddy did apply for refugee in 2011 and in 2012 got refused. after that hi just moved to another province and got married in 2014 (true married by love) also he done medical and paid PR fee. In 2015 they apply for PR under "Family Class Sponsorship" and yesterday he received letter from CIC :


This refers to the Application for Permanent Residence you made under the Spouse or Common-Law Partner in Canada Class.
It has been determined that you meet the eligibility requirements to apply for permanent residence as a member of the Spouse or Common-Law Partner in Canada Class. Please note that a final decision will not be made until all remaining requirements for becoming a permanent resident have been met. These requirements include medical, security and background checks for you and, if applicable, all of your family members, both in Canada and abroad, even if they are not applying to join you in Canada at this time. You cannot become a permanent resident until you and all your family members have met these requirements.
In order to continue processing your application, further information is required:
1. Valid passport
2. Criminal check ( fingerprint) by RCMP


CIC asking him to go to RCMP and get fingerprint and also his passport is detained by CBSA and I am pretty sure that he has deportation(may be warrant order too) because his refugee application was refused and he did not leave Canada.

Does that letter means that he got legal status now and his deportation/warrant order is temporarily suspended?

Thank You.
Regards.,
DHudson.

 

[gabba50]

Hello.
My buddy did apply for refugee in 2011 and in 2012 got refused. after that hi just moved to another province and got married in 2014 (true married by love) also he done medical and paid PR fee. In 2015 they apply for PR under "Family Class Sponsorship" and yesterday he received letter from CIC :


This refers to the Application for Permanent Residence you made under the Spouse or Common-Law Partner in Canada Class.
It has been determined that you meet the eligibility requirements to apply for permanent residence as a member of the Spouse or Common-Law Partner in Canada Class. Please note that a final decision will not be made until all remaining requirements for becoming a permanent resident have been met. These requirements include medical, security and background checks for you and, if applicable, all of your family members, both in Canada and abroad, even if they are not applying to join you in Canada at this time. You cannot become a permanent resident until you and all your family members have met these requirements.
In order to continue processing your application, further information is required:
1. Valid passport
2. Criminal check ( fingerprint) by RCMP


CIC asking him to go to RCMP and get fingerprint and also his passport is detained by CBSA and I am pretty sure that he has deportation(may be warrant order too) because his refugee application was refused and he did not leave Canada.

Does that letter means that he got legal status now and his deportation/warrant order is temporarily suspended?

Thank You.
Regards.,
DHudson.

Sometimes a CIC agent does not have all details, CIC and CBSA are different and the fact of not leaving Canada will show up during background check or criminal record check. Approval letter does not mean that it's ok as CIC might not have access to CBSA unless you sign a consent. You better hire a lawyer or a consultant and avoid messing up your chances.

 

[Dhudson]

Sometimes a CIC agent does not have all details, CIC and CBSA are different and the fact of not leaving Canada will show up during background check or criminal record check. Approval letter does not mean that it's ok as CIC might not have access to CBSA unless you sign a consent. You better hire a lawyer or a consultant and avoid messing up your chances.

Thank You gabba50.

I know about under H&C if you got "First Stage Approval" - then all you deportation and warrant order is temporarily suspended, but I was not sure under "Spouse or Common-Law Partner in Canada Class".

 

[mikeymyke]

It doesn't really suspend the deportation order, he's still at risk of being deported.

There's also another bigger issue and that is since he's a failed refugee claimant living illegally here for so long, their application is very likely to be refused at the interview unless they come up with very strong relationship proofs. This will apply whether he remains here apply inland, or whether he's deported and applying outland. Since it looks like he's applying inland, once he's refused, he cannot appeal it. So when this happens, they will have to start from scratch all over again, and this issue of being illegally here and failed refugee claimant won't go away even with a new application.

 

[Dhudson]

It doesn't really suspend the deportation order, he's still at risk of being deported.

There's also another bigger issue and that is since he's a failed refugee claimant living illegally here for so long, their application is very likely to be refused at the interview unless they come up with very strong relationship proofs. This will apply whether he remains here apply inland, or whether he's deported and applying outland. Since it looks like he's applying inland, once he's refused, he cannot appeal it. So when this happens, they will have to start from scratch all over again, and this issue of being illegally here and failed refugee claimant won't go away even with a new application.

Thank You mikeymyke.

Looks like if he will go to RCMP for fingerprint - he will be arrested right in police station?

 

[Ponga]

Is this the same `friend':
http://www.canadavisa.com/canada-immigration-discussion-board/probably-crime-charge-under-investigation-losing-pr-statusdeportation-t399704.0.html;msg4999859#msg4999859

 

[Dhudson]

Is this the same `friend':
http://www.canadavisa.com/canada-immigration-discussion-board/probably-crime-charge-under-investigation-losing-pr-statusdeportation-t399704.0.html;msg4999859#msg4999859

No , that guy is PR and it was looks like there was also police corruption in his old country.

 

[mikeymyke]

Thank You mikeymyke.

Looks like if he will go to RCMP for fingerprint - he will be arrested right in police station?

I believe he will be yes, since he's got a deportation order.

 

[sawadee-eh]

Under a Public Policy in place since 2005, CIC does accept and processes inland application where the applicant is out out status.

Since that applicant has been given AIP (deemed eligible to apply for PR), if informed, CBSA typically lets that process play out.

When going to RCMP for fingerprinting, I would bring a copy of the AIP email and application file# just in case they question things.

If the RCMP decides to bring anything to the attention of CBSA, then one would have to show CBSA the AIP email and PR file# etc, and just hope for the best.

All that being said, I think the public policy mentioned may not apply if there was an official deportation order in place when the PR application was submitted. So if CIC found out about that they may decide to change their mind and say they are not actually eligible for PR.

It's a tricky situation, that could go either way.

Good luck.

 

[sawadee-eh]

I believe he will be yes, since he's got a deportation order.

That is possible. If they did detain, it would be to turn him over to the CBSA. At that point, there may be a chance that showing CBSA that CIC has granted him AIP will behoove CBSA to let that process play out. Or not.

 

[mikeymyke]

I don't know if they will let it play out or not. You can be out of status, yet not have a deportation order. But he's been out of status with the deportation order for a very long time now.

He really should be leaving Canada and applying outland, as he shouldn't even be here in the first place. Have to obey the rules. Also as mentioned before, their biggest issue will be convincing CIC that their marriage is genuine. Might be hard to do that given his immigration record.

 

[mannj]

Hi everyone,
I am planning to get married to a guy who currently lives in india but will moving to Australia within two weeks after our marriage as he is permanent resident of Australia. So my question is will CIC forward his application to India office or to Australia office?
Note: He applied for Australian PR last year from India and after getting PR, he went there just for 15 days and came back to India as he had job commitments.

Is there any rule that a person has to live in country for one year or more to get his file forwarded to that particular country?
Please advise.

 

[sawadee-eh]

I don't know if they will let it play out or not. You can be out of status, yet not have a deportation order. But he's been out of status with the deportation order for a very long time now.

He really should be leaving Canada and applying outland, as he shouldn't even be here in the first place. Have to obey the rules. Also as mentioned before, their biggest issue will be convincing CIC that their marriage is genuine. Might be hard to do that given his immigration record.

Good, accurate points mikey. I've read threads from posters on here where it was allowed to be processed despite a deportation order in place, but that I'm sure is certainly a case by case situation, and I definitely wouldn't count on it.

 

[Ponga]

Under a Public Policy in place since 2005, CIC does accept and processes inland application where the applicant is out out status.

Since that applicant has been given AIP (deemed eligible to apply for PR), if informed, CBSA typically lets that process play out.

When going to RCMP for fingerprinting, I would bring a copy of the AIP email and application file# just in case they question things.

If the RCMP decides to bring anything to the attention of CBSA, then one would have to show CBSA the AIP email and PR file# etc, and just hope for the best.

All that being said, I think the public policy mentioned may not apply if there was an official deportation order in place when the PR application was submitted. So if CIC found out about that they may decide to change their mind and say they are not actually eligible for PR.

It's a tricky situation, that could go either way.

Good luck.

Yes, because the applicant was already `Removal Ready', he would not benefit from the Public Policy.

 

[Bs65]

Hi everyone,
I am planning to get married to a guy who currently lives in india but will moving to Australia within two weeks after our marriage as he is permanent resident of Australia. So my question is will CIC forward his application to India office or to Australia office?
Note: He applied for Australian PR last year from India and after getting PR, he went there just for 15 days and came back to India as he had job commitments.

Is there any rule that a person has to live in country for one year or more to get his file forwarded to that particular country?
Please advise.

and this has what to do with deportation ? Maybe to get an answer move to a separate thread ?