Failed refugee claimant/ spousal sponsorship

[Alexandra V]

Hello everyone
My fiancé came to Canada from Mexico about 13 years ago and applied for refugee status and it was denied. He was ordered to leave Canada and he never left. We got married a couple weeks ago and I was wondering if we should submit an inland application? Please help we are so confused. Any ideas or suggestions.
Thanks everyone!!

 

[canuck78]

Hello everyone
My fiancé came to Canada from Mexico about 13 years ago and applied for refugee status and it was denied. He was ordered to leave Canada and he never left. We got married a couple weeks ago and I was wondering if we should submit an inland application? Please help we are so confused. Any ideas or suggestions.
Thanks everyone!!

Would suggest applying outland just in case he does have to leave before you get approved. By applying for sponsorship you are also telling CBSA where he is located because he does have a removal order against him so there is a chance he could get removed while you apply for sponsorship. You can hire a lawyer to try and put the removal on hold if CBSA is trying to actively remove him. If an interview is required it is usually done in your home country. If you applied inland and he got removed you’d need to reapply from scratch. At the end of the day it is up to both of you to decide whether you apply inland or outland, it will depend on your appetite for risk. Assume he has been working illegally all this time. He will also have to address the fact that he has been working illegally for 13 years, not filing taxes, etc. Normally I suggest people not spend money on a lawyer when applying but give the long period of being in Canada without status I would suggest hiring an immigration lawyer.

 

[Alexandra V]

Thank you for writing back a couple other suggested Outland as well.