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VioletBlue

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Aug 30, 2013
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Hello....me again....just wondering if anyone here had a phone interview ??? Just trying to prepare for it...and wondering what questions do they ask etc??
 
Have you had a chance to download and read through ip08 from CIC?

This small excerpt (found on page 59) seems to be good news for you:

F. ADMINISTRATIVE DEFERRAL OF REMOVAL
The Canada Border Services Agency has agreed to grant a temporary administrative deferral of removal to applicants who qualify under this public policy.

But...if your phone interview is going to be a `pre-removal interview', then the following may not be good news:

When is a client removal ready?
For the purposes of this public policy, by the time an applicant attends a pre-removal interview, he/she is generally removal ready. This means that a client who has been called to a pre-removal interview by any means (letter, call etc.) and who has not already applied as a spousal H&C applicant or a Spouse or Common-law Partner in Canada class applicant, cannot, from the point they are called to the interview forward, benefit from an administrative deferral of removal as outlined in this public policy except in the limited circumstances outlined below (transitional cases).
As is the case now, clients with a pending H&C application who are removed from Canada while their application is being considered will be able to return to Canada if a positive decision is rendered.


Which means, again, that you absolutely need to have your application in before your phone interview, IMHO.
 
I haven't had a Chance to read this...could u post a link please!? So I can go check it out?? TY
 
http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf

(pages 54 - 63)

Don't spend a lot of time reviewing this, as it can really take your focus (and time) away from your application preparation. Maybe print the pages that I've identified and read it as you do have time.
 
Ohbi won't, justvwanna skim through it :)
Thank you! I REALLYbappreciatebyour help!!


Ponga said:
http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf

(pages 54 - 63)

Don't spend a lot of time reviewing this, as it can really take your focus (and time) away from your application preparation. Maybe print the pages that I've identified and read it as you do have time.
 
Even with this policy, there are still no guarantees until you have AIP (stage 1 approval of sponsor):

Individuals should keep copies of their application forms, fee remittances and mail receipt as applicable, as proof they have filed an application. Such proof in no way guarantees the grant of a deferral of removal (where relevant) however.
Where the deferral period applies, CIC will make best efforts to process spousal sponsorship cases to a step-one decision within 60-day period. (A step-one decision occurs after CIC has received an application which contains evidence that the applicant is married or in a common-law relationship with an eligible sponsor, is living with that sponsor and that the sponsorship submitted is a valid one). After a positive step-one decision, the R233 stay will be invoked until such time as CIC makes a final decision on whether to grant permanent residence. More details on the regulatory stay are found below.

Regulatory Stay of Removal
The regulatory stay outlined in R233 will apply to cases considered under the public policy after a positive "step one" or "approval in principle" decision has been made under the regular procedures for the Spouse or Common-law Partner class.
This regulatory stay applies to removal orders if the Minister is of the opinion under subsection 25(1) of the Act that H&C or public policy considerations exist. For cases considered under the public policy, once a positive step one decision is made under the regular procedures for the class (i.e., CIC has received an application which contains evidence that the applicant is married or in a common-law relationship with an eligible sponsor, is living with that sponsor and that the sponsorship submitted is a valid one), an R233 stay will be invoked and will remain in place until a decision on whether to grant permanent residence is made.

Considering your situation (married with a child and expecting a second [congratuations!]) I can't imagine that you would not benefit from the R233 regulatory stay. :)
 
Hmmm...I'm now wondering about this line:
Where the deferral period applies, CIC will make best efforts to process spousal sponsorship cases to a step-one decision within 60-day period.

Does that mean that if CIC receives your application and notices that you are out of status (and could be subject to removal) do they give your application priority processing to get your AIP in 60 days, rather than the 11 months for all other Inland applicants? If so, that would be great for you!!
 
That's who I'm having interview ...Ministers Delegate....so I HOPE he can see something positive in my case and at least let me stay til application is processed....
 
Well he needs to SEE that you have an application in place, right?!?!
 
Yep! And it will be send next week! I already played the fee and have the receipt of payment :)
 
I have read your case thus far and based on some research I found the following:

Before removing someone from Canada, immigration authorities are required to see if the person faces some risk in returning to their country. Accordingly, the foreign national is called in for a “pre-removal interview” where they are served with a notice informing them of their right to make a “pre-removal risk assessment” (PRRA) application. If they make such an application and are found to be at risk, they will be allowed to remain here and to apply for permanent resident’s status. If such an application is not made, or is made but refused, the person is removed.

Subject to certain exceptions, if the sponsorship application is filed “inland” before the foreigner is called in for a pre-removal interview, by phone, letter or otherwise, the applicant will get to stay here until their sponsorship is finalized. If they submit their sponsorship application after the call-in notice is issued, they may be removed from Canada even though their sponsorship application is still pending.

Since i think you may have already been served with a PRRA notice and since you have not yet submitted your sponsorship paperwork, you may not benefit from an administrative deferral and can be sent home even if you send in your sponsorship application now.

I am not sure if the agent can grant a stay of deportation merely on emotional basis. I think your case is definately better off if handled by an experienced imm. lawyer.