Help!! Should we sign the Statement of no Intention

[TayMarie]

Hello Everyone,

A little background of my situation. I met my husband a couple of years ago and I knew that he was out of status because of an expired work permit for some time. We met in 2012 and eventually entered into a long term relationship. We got married in July 2015.

Fast forward to November and we were working on the spousal sponsorship with our lawyer when CBSA came for him and detained him at their holding center. He was released on bail and immediately after we put the application in on December 3 2015. Our application has not yet reached the first stage and the only corespondent that we received from that is that they got the application.

Last week we received a letter from CBSA stating that they wanted to enforce the removal order and called us in for an interview. We went for the interview and they gave us the option to sign a PRRA agreement or sign a statement of no intention. We are not going to choose PRRA but we want to know what will happen when we sign the statement of no intention? Will he be removed? How can we fight the removal order? If we have to appeal, how long will that process take?

Thank you to anyone that can help with this situation

 

[JoacRy]

Hello Everyone,

A little background of my situation. I met my husband a couple of years ago and I knew that he was out of status because of an expired work permit for some time. We met in 2012 and eventually entered into a long term relationship. We got married in July 2015.

Fast forward to November and we were working on the spousal sponsorship with our lawyer when CBSA came for him and detained him at their holding center. He was released on bail and immediately after we put the application in on December 3 2015. Our application has not yet reached the first stage and the only corespondent that we received from that is that they got the application.

Last week we received a letter from CBSA stating that they wanted to enforce the removal order and called us in for an interview. We went for the interview and they gave us the option to sign a PRRA agreement or sign a statement of no intention. We are not going to choose PRRA but we want to know what will happen when we sign the statement of no intention? Will he be removed? How can we fight the removal order? If we have to appeal, how long will that process take?

Thank you to anyone that can help with this situation

Really sorry to hear that. I hope that your case can be resolved soon, and you and your husband can live a happy life in Canada.

I believe that if you sign the 'Statement of No Intention', the CBSA can enforce the removal order and it can take years to fight in the courts. Is it an option for your husband to return to his country and apply as an Immigrant himself? If yes, having you as a 'Canadian' spouse may enable him to navigate the process faster and may be rewarded by the VO.

As I said I'm sorry to hear the situation and happy to help in any way I can.

 

[scylla]

Signing the Statement of no Intention means you are agreeing to leave Canada voluntarily.

 

[TayMarie]

@JoacRy Thank you for your kind words...He is able to go back to his country and we will be able to to the out land application which would mean our inland application would be null and void. It would be so difficult for me if he leaves. :'(.

@scylla What will happen if we decide not to sign the Statement of no Intention? Would that mean that he will definitely be removed if we sign it.

Thank you so much for replying and helping me out... Really appreciated

 

[JoacRy]

@JoacRy Thank you for your kind words...He is able to go back to his country and we will be able to to the out land application which would mean our inland application would be null and void. It would be so difficult for me if he leaves. :'(.

@scylla What will happen if we decide not to sign the Statement of no Intention? Would that mean that he will definitely be removed if we sign it.

Thank you so much for replying and helping me out... Really appreciated

Hi TayMarie, yes signing the 'Statement of No Intention' will mean that your husband is in effect saying to the Canadian government, "I am leaving Canada of my own free will". This will avoid the Canadian government deporting him (and even worse possibly filing charges against him for overstaying his Visa). Get some assurance that if he were to sign the 'Statement of No Intention' that no charges will be laid. Thinking ahead the worst thing would be for him to return to his own country, start the immigration application process and then having his application not processed due to charges stemming from overstaying his prior visa.

I understand it will be hard for you, but am happy to help in any way I can. If you like send me a PM, and I can suggest some support groups. As I said I really feel for anyone in this situation. Breaking up two people who want to spend their lives together is never a pleasant thing.

Will keep you and your husband in my prayers.