application denied

[matthewc]

Hi Matthew,

so there are no consequences for me and the application if I stay longer than the date they set me to leave if we get married and I apply again? I just want to be sure not to be removed

Under the spousal public policy, inland applications from out of status spouses/common-law partners are allowed. Applying again inland should give you some degree of security from being removed from Canada, as long as there is no other reason for you to be removed (other than simply overstaying).

You could re-apply inland. However, you should only do that if the most important thing for you both is for you to stay together. If you prioritise having legal status, healthcare and being able to work sooner, then marrying and applying outland is the best option.

 

[boasorte]

I agree with the post above!

 

[ljane79]

Hi confused,

thank you so much, that's along with Leon and all the others a very good advise for us, if I understand it right
you suggest that we get married and I leave after the marriage and apply in europe for permanent residency as spouse. Yeah, I thought of the pictures and we'll try to get as many as we can before I leave. Would it be also helpful to include messages from facebook and emails???

These threads should help you with your proof:

http://www.canadavisa.com/canada-immigration-discussion-board/-t44701.0.html

http://www.canadavisa.com/canada-immigration-discussion-board/anybody-have-a-sample-of-declaration-of-status-from-friends-t54357.0.html

http://www.canadavisa.com/canada-immigration-discussion-board/-t54204.0.html

http://www.canadavisa.com/canada-immigration-discussion-board/-t48224.0.html

http://www.canadavisa.com/canada-immigration-discussion-board/-t49665.0.html

 

[confusednscared]

Under the spousal public policy, inland applications from out of status spouses/common-law partners are allowed. Applying again inland should give you some degree of security from being removed from Canada, as long as there is no other reason for you to be removed (other than simply overstaying).

You could re-apply inland. However, you should only do that if the most important thing for you both is for you to stay together. If you prioritise having legal status, healthcare and being able to work sooner, then marrying and applying outland is the best option.

From my understanding in this situation, the PA has already been rejected by CIC which also mean that their information is already with CIC. If they fail to remove themselves (departure order) according to the outlines CIC gives in the letter then their file will be automatically be forwarded to the CBSA because at that time their status will no longer be valid (past the 30 day mark) and so they will be deemed living in Canada illegally. CBSA will try to hunt them down via corresponding via letter and issue a removal order which in this case I believe will become a deportation order.

The other thing is if they can nail the application they can risk applying inland as a married couple but I highly doubt CPC-V will approve their application due to the failed common law sponsorship. Therefore, sending it off to the local office for an interview.

 

[canadianwoman]

To the Original Poster: the fastest way for you to be together is for the two of you to get married in Canada. Leave Canada before you get deported. Then apply outland through Germany, which has a fairly fast processing time. Provide a lot of proof your relationship is genuine, and you may then be processed more quickly than average. While you are waiting, you can come back to Canada to visit, staying up to 6 months (and longer, if you apply for an extension).

You can't appeal inland rejections. Even if you could, you would not win, because you were not common-law for a year before you applied. You can apply for a judicial review of the decision, but again in your case doing so would be pointless, because judicial reviews are for when a serious mistake was made by the officer making the decision. Just disagreeing with the decision is not enough - there has to be a mistake in law.

 

[boyee6576]

Thank you for clearing that up. I didnt know from what everyone was saying, if the judicial review and the appeal was kind of the same thing. So that clears that up.

 

[bandm]

hi guys,
I am blessed by all your comments ... it gives me the strength and faith to go on and fight for our right to stay together. I was also today morning at the centre for immigrant woman and was told there:
1. appeal is impossible
2. the decision is right by law
3. there is a way for me to stay here, because my conditions have changed since applying, means I got threatened by life from my ex-husband
4. we are advised to go to talk in person to the immigration office, provide the proof of my life threatening situation, proof of that we have a genuine relationship and that we are getting married, so the chances are very good that I can stay here, although my application was refused
5. we have to get married as soon as possible and apply again in family class as spouses, if I still have to leave, to make the application back in Germany and come back while waiting for the application to be processed.

so that sounds good to me and we will do that next week and hopefully even be married latest in 2 weeks

it took so much worries of my shoulders to read your messages and advice so that I can say I feel a whole lot better now and now it's not impossible to get this whole thing trough

thanks to each and everybody of you

 

[matthewc]

From my understanding in this situation, the PA has already been rejected by CIC which also mean that their information is already with CIC. If they fail to remove themselves (departure order) according to the outlines CIC gives in the letter then their file will be automatically be forwarded to the CBSA because at that time their status will no longer be valid (past the 30 day mark) and so they will be deemed living in Canada illegally. CBSA will try to hunt them down via corresponding via letter and issue a removal order which in this case I believe will become a deportation order.

That's only true if they've actually been issued a departure order. If they've simply been informed in writing they are out of status, that's not actually a departure order.

 

[bandm]

at mathew

no I don't have an order, it's just written in the refusal letter that I have to leave at the date set and that if I stay any legal action can be taken against me