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inland spousal,out of status, got first stageapproval, DM -CBSA proceeding

Rey D

Full Member
Jan 10, 2016
20
0
British Columbia
Category........
Visa Office......
Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
17-01-2014
AOR Received.
06-05-2014
File Transfer...
CIC Vancouver
Med's Request
19-05-2015
Med's Done....
26-05-2015
Interview........
21-01-2016 CIC Vancouver
LANDED..........
21-01-2016 CIC Vancouver
Hi, everyone. My name is Rey, and I'm gay from Philippines who got here in Canada as work visa or under work permit. My situation is very rare and I do need some opinion(s) which may apply on my case. here's my story. I got here last 2009 under work permit and later got nominated by my employer under AINP and went through the whole processing for PR and got denied due to my health condition. I moved to another City and found another employer and got another one year of work permit which is valid til January 4th 2013. After months, My employer tried to apply an LMO and got it approved and applied the work permit through online last December 28, 2012 which I believe I made it before my work permit got expired. I got a notification from CIC right away regarding my work permit extension online application and seems all good. Actually, been dating my Canadian boyfriend since September 2012 who lived in Edmonton and proposed me a marriage and got married January 21, 2013 through a civil wedding with a friends witnessed for us (which I believe It's not a marriage for convenience purposes because we love each other no matter what). There were 4 people who were witnessed because I don't have family here in Canada and my husband has a broken family and he couldn't find them. After we got married, I decided to continue working my employer and wait my work permit extension app. Months had passed by, I decided to resign and left my employer last June 2013 and moved to my husband/partner in Edmonton and planning to process an Inland Sponsorship.


After months of waiting of my work permit extension app I had an idea why CIC took long to approve/decide my WP extension due to my illness or health issue. My partner and I decided to submit the Inland Sponsorship Package with an open work permit application together and sent January 17, 2014 and got an email from CIC (AOR) with an Application Number on it.

Dear Sir XXXX

This confirms that your application to Sponsor a Member of the Family Class has been received by CIC on January 20,2014 on behalf of the following member(s)

Mr. XXXXX

So, at that time I felt safe literally at the same time worried for everything but I stay positive all the time. April 2014, I got a letter from CIC Edmonton informing that my work permit extension has been transferred from Vegreville to CIC Edmonton for verification purposes. After another week, I got another correspondence and they requested for my bank statement, credit card statement, etc. and yes I said to my self I was right why CIC took long to make a decision. When I submitted those documents, I also informed them that I already quit my job and even mentioned that I got legally married last January 21, 2013 and even seeked an advice what would be the best thing to do. To make the story short, CIC refused my work permit extension last July 11, 2014 through mail without any further noticed or advice.

My question this time,

* AM I still legal to stay in Canada even I got refused and I had an existing application under Inland Spousal Sponsorship? It was just a refusal letter and no further notice or order to leave Canada.

After a couple of days, A lady phoned me which I believed she is an Immigration Officer from Edmonton and explained to me why I got denied due to inadmissibility (health grounds) which I aware. She said, we (CIC) supposed to serve you a notice to leave the Country but since you do have an existing application under Family Class you can still stay here and wait for the decision and advised me not to seek another employment because guarantee will be another refusal. I was convinced those words from the Immigration Officer even it was just all verbal. I have never been issued any order from CIC nor CBSA so I was convinced and felt safe and all was OK.

May 17, 2015 CIC Mississauga emailed me and to get my medical done.

May 25, 2015 my partner got an email from CIC (Approved in Principle) or informing his eligibility to sponsor me as his spouse and the same date I got a letter requesting another documents like Philippine clearance, evidences our relationship includes, pictures, bank accounts, properties or anything that related to us as a couple.

October 15, 2015 CIC Mississauga emailed me that my application was transferred to CIC Vancouver for further assessment.

December 03, 2015 CIC Vancouver mailed me that this refers to your application for permanent residence has been determined that you meet the eligibility to apply under the Family Class. As what the letter says, I got approve the first stage of approval and I am qualified to apply for an Open Work permit which I had an application already with same package. I called the CIC call centre and made an inquiry about my old OWP application which I mailed long time.

December 04, 2015 Got another mail from CIC Vancouver asking to pay the RPRF and get Police Clearances like Philippines (NBI) and US (FBI) which I need both.

December 11, 2015 I tried to make a letter and faxed to them and explained everything about my work open permit application which I applied 2013 when I submitted the package and also those clearances which I also submitted together.

December 18, 2015 I got a call from CIC Vancouver informing that I don't need to get clearances (FBI&NBI) because they were able to find the old one. And she said about the work permit application was not applicable this time and I she advised me to pay the balance of $340.00 for my ($490.00)RPRF since I had paid the $150.00 for my OWP and I paid it before the Holidays.

December 22, 2015 my ECAS changed from " in process" to 'Decision Made " which I really shocked and very suspicious decision without passport request. I was really bothered and not so happy but stay very positive.

January 08, 2016 I got a mail from Canada Border Services Agency (CBSA) and right there I was scared even if I didn't open it yet. I said to myself this letter could be very something negative which very relevant to the Decision Made on my ECAS. yeah, it was a notice to appear a proceeding under subsection 44(2) ( interview)


This is to advise you that a proceeding by the Minister under Subsection 44(2) of the Immigration and refugee protection act is to be held. The purpose of the proceeding is to determine whether:

* you shall be authorized to enter or remain in Canada,

* a removal order should be issued against you.



Is a person who is a foreign national who has been authorized to enter Canada and who, in my opinion, is inadmissible pursuant to:

Subsection 41(a) in that, on a balance of probabilities, there are grounds to believe is a foreign national who is inadmissible for failing to comply with this act through an act or omission which contravenes, directly or indirectly, a provision of this Act, specifically:


The requirement of subsection 29 (2) of the Act that the temporary resident must leave Canada by the end of the period authorized for their stay.

This report is based on the following information that the above named individual:
* Is not a Canadian Citizen
* Is not a permanent Resident of Canada
* was refused an employment authorized by CIC Edmonton on July 11, 2014
* Has not received an extension to his status

Questions:
1.) Am I be issued for a removal as I am not aware of overstaying?
2.) I didn't get any further notice or a removal order when I got refused my work permit extension last July 2014, and before the refusal I had already submitted the sponsorship and got an Application number from CIC by March 2014.
3.) Was the refusal letter was served to me was a departure order too?
4.) Do you think I was right for did not go home voluntarily? There was no order or letter from the CIC that I have to leave the country.
5.) Do you think CBSA would consider me to stay in Canada and continue my application?
6.) for me It wasn't my fault because I had never receive any order to leave the country from CIC.
7.) My partner and I stressed out already and he is worried if I sent home.

Thank you so much.

Rey



BTW, Here's my timeline

1.We received your application for permanent residence on January 20, 2014.
2.We started processing your application on October 15, 2015.
3.Medical results have been received

right now it says 'Decision Made.
 

9symmerty

Star Member
Dec 14, 2015
164
9
Edmonton
Visa Office......
Mississauga
App. Filed.......
08-12-2015
AOR Received.
08-01-2016
Med's Request
February 2017
Med's Done....
February 2017
Passport Req..
May 2 2017
VISA ISSUED...
May 2 2017
LANDED..........
02-05-2017
Re: currently out of status , inland spousal got first stage approval

Rey D said:
Hi, everyone. My name is Rey, and I'm gay from Philippines who got here in Canada as work visa or under work permit. My situation is very rare and I do need some opinion(s) which may apply on my case. here's my story. I got here last 2009 under work permit and later got nominated by my employer under AINP and went through the whole processing for PR and got denied due to my health condition. I moved to another City and found another employer and got another one year of work permit which is valid til January 4th 2013. After months, My employer tried to apply an LMO and got it approved and applied the work permit through online last December 28, 2012 which I believe I made it before my work permit got expired. I got a notification from CIC right away regarding my work permit extension online application and seems all good. Actually, been dating my Canadian boyfriend since September 2012 who lived in Edmonton and proposed me a marriage and got married January 21, 2013 through a civil wedding with a friends witnessed for us (which I believe It's not a marriage for convenience purposes because we love each other no matter what). There were 4 people who were witnessed because I don't have family here in Canada and my husband has a broken family and he couldn't find them. After we got married, I decided to continue working my employer and wait my work permit extension app. Months had passed by, I decided to resign and left my employer last June 2013 and moved to my husband/partner in Edmonton and planning to process an Inland Sponsorship.


After months of waiting of my work permit extension app I had an idea why CIC took long to approve/decide my WP extension due to my illness or health issue. My partner and I decided to submit the Inland Sponsorship Package with an open work permit application together and sent January 17, 2014 and got an email from CIC with an Application Number on it.

Dear Sir XXXX

This confirms that your application to Sponsor a Member of the Family Class has been received by CIC on January 20,2014 on behalf of the following member(s)

Mr. XXXXX

So, at that time I felt safe literally at the same time worried for everything but I stay positive all the time. April 2014, I got a letter from CIC Edmonton informing that my work permit extension has been transferred from Vegreville to CIC Edmonton for verification purposes. After another week, I got another correspondence and they requested for my bank statement, credit card statement, etc. and yes I said to my self I was right why CIC took long to make a decision. When I submitted those documents, I also informed them that I already quit my job and even mentioned that I got legally married last January 21, 2013 and even seeked an advice what would be the best thing to do. To make the story short, CIC refused my work permit extension last July 11, 2014 through mail without any further noticed or advice.

My question this time,

* AM I still legal to stay in Canada even I got refused and I had an existing application under Inland Spousal Sponsorship? It was just a refusal letter and no further notice or order to leave Canada.

After a couple of days, A lady phoned me which I believed she is an Immigration Officer from Edmonton and explained to me why I got denied due to inadmissibility (health grounds) which I aware. She said, we (CIC) supposed to serve you a notice to leave the Country but since you do have an existing application under Family Class you can still stay here and wait for the decision and advised me not to seek another employment because guarantee will be another refusal. I was convinced those words from the Immigration Officer even it was just all verbal. I have never been issued any order from CIC nor CBSA so I was convinced and felt safe and all was OK.

May 17, 2015 CIC Mississauga emailed me and to get my medical done.

May 25, 2015 my partner got an email from CIC informing his eligibility to sponsor me as his spouse and the same date I got a letter requesting another documents like Philippine clearance, evidences our relationship includes, pictures, bank accounts, properties or anything that related to us as a couple.

October 15, 2015 CIC Mississauga emailed me that my application was transferred to CIC Vancouver for further assessment.

December 03, 2015 CIC Vancouver mailed me that this refers to your application for permanent residence has been determined that you meet the eligibility to apply under the Family Class. As what the letter says, I got approve the first stage of approval and I am qualified to apply for an Open Work permit which I had an application already with same package. I called the CIC call centre and made an inquiry about my old OWP application which I mailed long time.

December 04, 2015 Got another mail from CIC Vancouver asking to pay the RPRF and get Police Clearances like Philippines (NBI) and US (FBI) which I need both.

December 11, 2015 I tried to make a letter and faxed to them and explained everything about my work open permit application which I applied 2013 when I submitted the package and also those clearances which I also submitted together.

December 18, 2015 I got a call from CIC Vancouver informing that I don't need to get clearances (FBI&NBI) because they were able to find the old one. And she said about the work permit application was not applicable this time and I she advised me to pay the balance of $340.00 for my ($490.00)RPRF since I had paid the $150.00 for my OWP and I paid it before the Holidays.

December 22, 2015 my ECAS changed from " in process" to 'Decision Made " which I really shocked and very suspicious decision without passport request. I was really bothered and not so happy but stay very positive.

January 08, 2016 I got a mail from Canada Border Services Agency (CBSA) and right there I was scared even if I didn't open it yet. I said to myself this letter could be very something negative which very relevant to the Decision Made on my ECAS. yeah, it was a notice to appear a proceeding under subsection 44(2) ( interview)


This is to advise you that a proceeding by the Minister under Subsection 44(2) of the Immigration and refugee protection act is to be held. The purpose of the proceeding is to determine whether:

* you shall be authorized to enter or remain in Canada,

* a removal order should be issued against you.



Is a person who is a foreign national who has been authorized to enter Canada and who, in my opinion, is inadmissible pursuant to:


The requirement of subsection 29 (2) of the Act that the temporary resident must leave Canada by the end of the period authorized for their stay.

This report is based on the following information that the above named individual:
* Is not a Canadian Citizen
* Is not a permanent Resident of Canada
* was refused an employment authorized by CIC Edmonton on July 11, 2014
* Has not received an extension to his status

Questions:
1.) Am I be issued for a removal as I am not aware of overstaying?
2.) I didn't get any further notice or a removal order when I got refused my work permit extension last July 2014, and before the refusal I had already submitted the sponsorship and got an Application number from CIC by March 2014.
3.) Was the refusal letter was served to me was a departure order too?
4.) Do you think I was right for did not go home voluntarily? There was no order or letter from the CIC that I have to leave the country.
5.) Do you think CBSA would consider me to stay in Canada and continue my application?
6.) for me It wasn't my fault because I had never receive any order to leave the country from CIC.
7.) My partner and I stressed out already and he is worried if I sent home.

Thank you so much.

Rey



BTW, Here's my timeline

1.We received your application for permanent residence on January 20, 2014.
2.We started processing your application on October 15, 2015.
3.Medical results have been received

right now it says 'Decision Made.
Hi I'm sorry to hear about your situation, I don't understand why they would order you for removal since you have applied for PR and OWP along with it before your status expired. It sound to me that it's an officers mistake or maybe because you have applied for it in 2013 and the spouse common law OWP pilot project is not yet in effect. I'm not an expert so I would suggest you post this to inland applications 2015

http://www.canadavisa.com/canada-immigration-discussion-board/inland-applications-2015-t255107.0.html;msg4889910#msg4889910

There's a lot of helpful members that I know would be able to give you some advice and help you understand what was going on. I wish you the best
 

Ponga

VIP Member
Oct 22, 2013
10,150
1,330
Job Offer........
Pre-Assessed..
Re: currently out of status , inland spousal got first stage approval

Do NOT ignore the letter from CBSA!

It's impossible to say whether or not it's a mistake on their part, but if you don't respond to the letter it will be a major mistake on your part! They can come to your door, when you least expect it.
 

Rey D

Full Member
Jan 10, 2016
20
0
British Columbia
Category........
Visa Office......
Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
17-01-2014
AOR Received.
06-05-2014
File Transfer...
CIC Vancouver
Med's Request
19-05-2015
Med's Done....
26-05-2015
Interview........
21-01-2016 CIC Vancouver
LANDED..........
21-01-2016 CIC Vancouver
Re: currently out of status , inland spousal got first stage approval

Thanks guys. I don't understand either. It wasn't my fault. I have to show up for interview at CBSA this coming January 21 in our 3 yrs wedding anniversary day :(

fingers crossed! God is with me.
 

Ponga

VIP Member
Oct 22, 2013
10,150
1,330
Job Offer........
Pre-Assessed..
Re: currently out of status , inland spousal got first stage approval

What was the date on the CBSA letter that you received on Jan 6th?

If the letter is dated after the DM date, you might have a good chance of being left alone.

Generally, as soon as CBSA knows that an Inland applicant has first stage approval (AIP)...they leave them alone, pending a final decision from CIC on their PR application.

Good luck!
 

Rey D

Full Member
Jan 10, 2016
20
0
British Columbia
Category........
Visa Office......
Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
17-01-2014
AOR Received.
06-05-2014
File Transfer...
CIC Vancouver
Med's Request
19-05-2015
Med's Done....
26-05-2015
Interview........
21-01-2016 CIC Vancouver
LANDED..........
21-01-2016 CIC Vancouver
Re: currently out of status , inland spousal got first stage approval

Rey D said:
The CBSA made an assessment for background check dated November 24 2015 and signed by the officer.

But they sent the letter dated January 5 2016 .

Do you think that they'll leave my application alone and consider it as I already got the first stage approval?

Than you.
thank you..
 

Rey D

Full Member
Jan 10, 2016
20
0
British Columbia
Category........
Visa Office......
Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
17-01-2014
AOR Received.
06-05-2014
File Transfer...
CIC Vancouver
Med's Request
19-05-2015
Med's Done....
26-05-2015
Interview........
21-01-2016 CIC Vancouver
LANDED..........
21-01-2016 CIC Vancouver
Re: currently out of status , inland spousal got first stage approval

Ponga said:
What was the date on the CBSA letter that you received on Jan 6th?

If the letter is dated after the DM date, you might have a good chance of being left alone.

Generally, as soon as CBSA knows that an Inland applicant has first stage approval (AIP)...they leave them alone, pending a final decision from CIC on their PR application.

Good luck!
The CBSA made an assessment for background check dated November 24 2015 and signed by the officer.

But they sent the letter dated January 5 2016 .

Do you think that they'll leave my application alone and consider it as I already got the first stage approval?

Thank you.
 

Rey D

Full Member
Jan 10, 2016
20
0
British Columbia
Category........
Visa Office......
Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
17-01-2014
AOR Received.
06-05-2014
File Transfer...
CIC Vancouver
Med's Request
19-05-2015
Med's Done....
26-05-2015
Interview........
21-01-2016 CIC Vancouver
LANDED..........
21-01-2016 CIC Vancouver
Re: currently out of status , inland spousal got first stage approval

9symmerty said:
Hi I'm sorry to hear about your situation, I don't understand why they would order you for removal since you have applied for PR and OWP along with it before your status expired. It sound to me that it's an officers mistake or maybe because you have applied for it in 2013 and the spouse common law OWP pilot project is not yet in effect. I'm not an expert so I would suggest you post this to inland applications 2015

There's a lot of helpful members that I know would be able to give you some advice and help you understand what was going on. I wish you the best
@9symmerty Thank you. I was really confused on how these two work together the CBSA and CIC Vancouver. I wasn't sure if the Vancouver already aware of they found out because Vancouver phoned me last December 18 asking me to pay the RPRF and later like December 23 or 24 I noticed my ECAS changed from in process to Decision Made..
 

Ponga

VIP Member
Oct 22, 2013
10,150
1,330
Job Offer........
Pre-Assessed..
Re: currently out of status , inland spousal got first stage approval

I see that you posted this today in another thread:
Rey D said:
guys, I have a concern. I'm planning to go home in the Philippines. My Canadian Husband and I were planning to re apply our sponsorship through outland. Who's gonna do the application, Is it me (Philippines) or my partner in Canada? Thanks!
Since you say you have DM...why on earth would you even consider leaving now and starting all over again from the Philippines?!

Rey D said:
December 22, 2015 my ECAS changed from " in process" to 'Decision Made " which I really shocked and very suspicious decision without passport request. I was really bothered and not so happy but stay very positive.
Inland applicants don't receive a passport request, because their CoPR must be issued (and picked up) at the landing appointment in Canada.
 

Rey D

Full Member
Jan 10, 2016
20
0
British Columbia
Category........
Visa Office......
Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
17-01-2014
AOR Received.
06-05-2014
File Transfer...
CIC Vancouver
Med's Request
19-05-2015
Med's Done....
26-05-2015
Interview........
21-01-2016 CIC Vancouver
LANDED..........
21-01-2016 CIC Vancouver
Re: currently out of status , inland spousal got first stage approval

Ponga said:
I see that you posted this today in another thread:
Since you say you have DM...why on earth would you even consider leaving now and starting all over again from the Philippines?!

Inland applicants don't receive a passport request, because their CoPR must be issued (and picked up) at the landing appointment in Canada.
Thank you for enlighten me up. But I feel fishy why CBSA sent me a letter like this;

* Is a person who is a foreign national who has been authorized to enter Canada and who, in my opinion, is inadmissible pursuant to:

Subsection 41(A) in that, on a balance of probabilities, there are grounds to believe is a foreign national who is inadmissible for failing to comply with this Act through an act or omission which contravenes, directly or indirectly, a provision of this Act, specifically:

The requirement of subsection 29(2) of the Act that a temporary resident must leave Canada by the end of the period authorized for their stay.

This report is based on the following info that above named individual:
* Is not a Canadian Citizen
*Is not a permanent resident od canada
*was refused an employment authorization by CIC Edmonton on July 11, 2014
*Has not received an extension to his status.

1.)Do you think this interview related for CoPR?
2.)Why CIC Vancouver asked me for RPRF last December 4 and called me back December 18 if I made the payment already and later CBSA requested me for interview and written me up all these things that sounds very scary?
3.)Do you think this is regarding my out of status/overstaying? If I were overstaying why CIC/CBSA didn't ask me to leave the country by then?

These questions gave me heart attack. Thank you so much!
 

Aquakitty

VIP Member
Mar 21, 2011
3,015
162
BC
Category........
FAM
Visa Office......
Ottawa
App. Filed.......
04-03-2015
AOR Received.
14-04-2015 - SA Received: 20-04-2015
Med's Done....
28-01-2015 Upfront
Interview........
Waived
Passport Req..
N/A
VISA ISSUED...
25-06-2015
LANDED..........
11-07-2015
Re: currently out of status , inland spousal got first stage approval

This is just an educated guess, but I think this is either just an unfortunate coincidence, or some part of your application triggered something in the CBSA and got you on their radar. There is basically no chance you will be kicked out of the country at this point. Just bring all your documentation and show them proof of the DM etc.
 

Rey D

Full Member
Jan 10, 2016
20
0
British Columbia
Category........
Visa Office......
Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
17-01-2014
AOR Received.
06-05-2014
File Transfer...
CIC Vancouver
Med's Request
19-05-2015
Med's Done....
26-05-2015
Interview........
21-01-2016 CIC Vancouver
LANDED..........
21-01-2016 CIC Vancouver
Re: currently out of status , inland spousal got first stage approval

Aquakitty said:
This is just an educated guess, but I think this is either just an unfortunate coincidence, or some part of your application triggered something in the CBSA and got you on their radar. There is basically no chance you will be kicked out of the country at this point. Just bring all your documentation and show them proof of the DM etc.
I am very confused and frustrated. Is this part of the background check made by CIC through CBSA? Do you think CIC, Vancouver and CBSA works together regarding this matter? Is there any chance writing a brief letter or inquiry and fax it to my Immigration officer who does my Permanent Residence? Thank you so much .
 

Rey D

Full Member
Jan 10, 2016
20
0
British Columbia
Category........
Visa Office......
Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
17-01-2014
AOR Received.
06-05-2014
File Transfer...
CIC Vancouver
Med's Request
19-05-2015
Med's Done....
26-05-2015
Interview........
21-01-2016 CIC Vancouver
LANDED..........
21-01-2016 CIC Vancouver
Re: currently out of status , inland spousal got first stage approval

Ponga said:
What was the date on the CBSA letter that you received on Jan 6th?

If the letter is dated after the DM date, you might have a good chance of being left alone.

Generally, as soon as CBSA knows that an Inland applicant has first stage approval (AIP)...they leave them alone, pending a final decision from CIC on their PR application.

Good luck!
You were right. I got an email today from my immigration officer (Vancouver) for final determination interview this January 21st but still i do need to show up for the Jan 20th to CBSA interview. Thank you!
 

Rey D

Full Member
Jan 10, 2016
20
0
British Columbia
Category........
Visa Office......
Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
17-01-2014
AOR Received.
06-05-2014
File Transfer...
CIC Vancouver
Med's Request
19-05-2015
Med's Done....
26-05-2015
Interview........
21-01-2016 CIC Vancouver
LANDED..........
21-01-2016 CIC Vancouver
guys, i just got a letter from CBSA today saying my upcoming interview on January 20 has been cancelled. I'll just show up my landing interview this coming January 21 in CIC Vancouver. Thanks, God!