Hi Leon: removal order sent to us while sponsorship application is still in proc

[agwimanya]

Hi Leom
I am sponsoring my husband and the application has been in process for 10 months now. Our application was sent to the local office in Etobicoke after 6 months since we put in the application. No problems all that time. The thing is my husband now has a removal order letter sent to him and i am really worried about it. I was wondering what i can really do about this and please someone help me out on this i am really frustrated.

Thank you.

 

[Leon]

Did he make sure to extend his visitor visa before it expired? If it has been expired for less than 3 months, he can restore it again, form here: http://www.cic.gc.ca/english/information/applications/visitor.asp If it's been expired for more than 3 months, you should talk to an immigration lawyer. If you can not afford a lawyer, you can look for a newcomer centre in your area to ask for advice, call CIC or talk to your MP, whatever helps.

 

[agwimanya]

Re: Hi Leon: removal order sent to us while sponsorship application is still in

Thank you Leon i will try and find out and will post some updates

 

[PMM]

Hi

Did he make sure to extend his visitor visa before it expired? If it has been expired for less than 3 months, he can restore it again, form here: http://www.cic.gc.ca/english/information/applications/visitor.asp If it's been expired for more than 3 months, you should talk to an immigration lawyer. If you can not afford a lawyer, you can look for a newcomer centre in your area to ask for advice, call CIC or talk to your MP, whatever helps.

If the CBSA considers the spouse of OP removal ready, it really doesn't matter what the sponsor does now, as he no longer falls under the spouse in Canada class provisions. The following is the latest ruling from the Federal Court. http://decisions.fct-cf.gc.ca/en/2008/2008fc1339/2008fc1339.html

The important statement in the decision for the OP is:

[1] It is explicitly stated in the Spousal Public Policy that a deferral will not be granted to applicants who “apply under the public policy after they are deemed removal ready by the CBSA (Canadian Border Services Agency)”.

The rest of the decision would not effect the OP.

PMM

 

[Leon]

More important, what does that mean for the OP? Has their inland application been refused? Can they apply outland after this or what?

 

[PMM]

Hi

More important, what does that mean for the OP? Has their inland application been refused? Can they apply outland after this or what?

If the OP is removal ready and removed, the in-canada application is moot, so they would have to apply outside Canada and obtain an ARC as well.

PMM

 

[RobsLuv]

I'm curious as to the reasons for the removal? Has to be more than just failure to extend visitor status.

 

[Kelon]

Hi

If the CBSA considers the spouse of OP removal ready, it really doesn't matter what the sponsor does now, as he no longer falls under the spouse in Canada class provisions. The following is the latest ruling from the Federal Court.

The important statement in the decision for the OP is:

[1] It is explicitly stated in the Spousal Public Policy that a deferral will not be granted to applicants who “apply under the public policy after they are deemed removal ready by the CBSA (Canadian Border Services Agency)”.

The rest of the decision would not effect the OP.

PMM

Hello PMM,
I sincerely hope you receive this message and able to advice me. I really need help and I found your quote very helpful with the federal court link. I applied under the common law spouse in Canada and we submitted our application February 24th 2012. We received a refusal letter that we saint cohabit for 1yr before the application. Meanwhile, I have a pending PRRA and H&C application. CBSA letter came advising me to that a decision have been made to come in their office next week Wednesday. The issue here is we strongly believe there is an error in the sponsorship refusal. I lived alone in a small apartment since 2008 and my partner only moved in with me in dec of 2010. We decided to look for a bigger apartment and didn't see any need to add his name on the lease. We finally moved in September of 2011 and we both signed the lease. Our Tax declaration for 2010 shows our marital status as living common law. We both signed statutory declaration of common law relationship.
My question is, will CBSA officer consider the fact that an appeal has been made and not issue a deportation date?
Any advice will be highly appreciated.
Thank you in advance.