Spousal sponsorship and denied Refugee claim

[Ay'smom]

Hi everyone..I really could use your help right now...
I came into Canada as an Asylum seeker in February 2018..my hearing was postponed indefinitely then.In the cause of time, I met my now husband and we got married in September of the same year.we welcom3d a daughter together in March of 2019 and he then decided to sponsor me.I submitted my inland sponsorship August 2019 and he met all eligibility requirements. I got a DM in March of 2020 but my file was transferred to a local office in Etobicoke and its been silence since then..I was recently called for a virtual hearing in November of 2020 and I received the decision on Monday that I was denied..
What are my options?
Do I wait to hear from the IRCC as regards my sponsorship?
Do I appeal the refugee decision.
AM I fully out of status as per the decison??
I need answers people.

 

[YVR123]

You weren't very clear in your post.
Was the hearing about inland sponsorship?
If so, that means your applicantion to be sponsored by your husband as PR has been denied. There is no appeal option for inland sponsorship.
I do not think this is also about your refugee application. I think the 2 applicants are indenpendent. But it's best to check with members who knows more about Asylum and refugee application.
You are out of status unless there is any status grant by your refugee application.

 

[Ay'smom]

You weren't very clear in your post.
Was the hearing about inland sponsorship?
If so, that means your applicantion to be sponsored by your husband as PR has been denied. There is no appeal option for inland sponsorship.
I do not think this is also about your refugee application. I think the 2 applicants are indenpendent. But it's best to check with members who knows more about Asylum and refugee application.
You are out of status unless there is any status grant by your refugee application.

No the virtual hearing is for my refugee claim

 

[YVR123]

No the virtual hearing is for my refugee claim

Then you need to wait for your inland sponsorship process.
It may or may not impact how they look at your relationship. It may be OK if you have solid proof of your marriage.

 

[Chad4lyphe]

Hi everyone..I really could use your help right now...
I came into Canada as an Asylum seeker in February 2018..my hearing was postponed indefinitely then.In the cause of time, I met my now husband and we got married in September of the same year.we welcom3d a daughter together in March of 2019 and he then decided to sponsor me.I submitted my inland sponsorship August 2019 and he met all eligibility requirements. I got a DM in March of 2020 but my file was transferred to a local office in Etobicoke and its been silence since then..I was recently called for a virtual hearing in November of 2020 and I received the decision on Monday that I was denied..
What are my options?
Do I wait to hear from the IRCC as regards my sponsorship?
Do I appeal the refugee decision.
AM I fully out of status as per the decison??
I need answers people.

Did u apply for a open work permit with your inland application? If u do an u have it, it will give u status. If u dont have it u are without status an the protection of removal from the refugee claim that u were under is now remove

 

[Ay'smom]

Then you need to wait for your inland sponsorship process.
It may or may not impact how they look at your relationship. It may be OK if you have solid proof of your marriage.

Did u apply for a open work permit with your inland application? If u do an u have it, it will give u status. If u dont have it u are without status an the protection of removal from the refugee claim that u were under is now remove

No I do not have a work permit..it expired after a year I came in but i I didn't renew it because I was pregnant then and I knew I wouldn't work for atleast a year after giving birth too..

 

[Chad4lyphe]

No I do not have a work permit..it expired after a year I came in but i I didn't renew it because I was pregnant then and I knew I wouldn't work for atleast a year after giving birth too..

U need to restore ur status, as the refugee claim was giving you protection from removal from cbsa. now that u have been denied refugees claim and u dont have a work permit that would give you status u could hear from cbsa and with your file tranfer to local office your application is going to take much longer

 

[Ay'smom]

By restoring status... do you mean applying for work permit??...if yes, do I apply with the refugee paper with me or apply for an OWP based on my pendimg sponsorship

 

[scylla]

No I do not have a work permit..it expired after a year I came in but i I didn't renew it because I was pregnant then and I knew I wouldn't work for atleast a year after giving birth too..

You are out of status in Canada and unfortunately it's too late to restore your status.

Do you know why your spousal sponsorship application was transferred to the Etobicoke office? This normally happens when IRCC has concerns about your relationship. If you haven't done so already, I would order your GCMS notes so that you can see the details for your case.

 

[scylla]

By restoring status... do you mean applying for work permit??...if yes, do I apply with the refugee paper with me or apply for an OWP based on my pendimg sponsorship

It's too late to restore your status. You've been in Canada without status for too long now based on your posts to apply for restoration.

When you get AIP for your spousal sponsorship application, you'll be able to apply for an OWP and this will put you back in status. But given your file is with Etobicoke, it's probably going to be a white before that happens.

 

[Ay'smom]

You are out of status in Canada and unfortunately it's too late to restore your status.

Do you know why your spousal sponsorship application was transferred to the Etobicoke office? This normally happens when IRCC has concerns about your relationship. If you haven't done so already, I would order your GCMS notes so that you can see the details for your case.

No ..it didn't state why my application was transferred to a local office..I ordered my GCMC notes sometimes in September. It shows the last time my file was touched was 1st week in April. And all background checks in process...
Can I still apply for a work permit as I didn't when I initially applied for sponsorship??

 

[scylla]

No ..it didn't state why my application was transferred to a local office..I ordered my GCMC notes sometimes in September. It shows the last time my file was touched was 1st week in April. And all background checks in process...
Can I still apply for a work permit as I didn't when I initially applied for sponsorship??

Wait until you have AIP before you apply for the OWP. No point doing it now.

 

[Ay'smom]

It's too late to restore your status. You've been in Canada without status for too long now based on your posts to apply for restoration.

When you get AIP for your spousal sponsorship application, you'll be able to apply for an OWP and this will put you back in status. But given your file is with Etobicoke, it's probably going to be a white before that happens.

My medical was done but now expired.What do you suggest I do? Should l appeal the refugee hearing decision while I wait to hear from the sponsorship program..or wait it out??

 

[Chad4lyphe]

I believe u said u already get a decision on your refugee claim which was denied, so that Avenue is close. U just have to wait on aip to apply for your work permit

 

[Ay'smom]

I believe u said u already get a decision on your refugee claim which was denied, so that Avenue is close. U just have to wait on aip to apply for your work permit

Ok.. thank you..