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My spouse got Refused due to my status

Gagan1904

Full Member
Apr 5, 2022
40
1
Hi everyone , I applied for refugee case in feb 2019 and I got married to a student visa holder girl in 2020 . As my refugee case is still in process not hearing yet , but my wife applied for our PR in TR PR PATHWAY in May 2021 , now she got refusal ( reason of refusal mentioned by department that her spouse is inadmissible ) we got 30 days to reply them. Please advise what we have to do now ???
 

scylla

VIP Member
Jun 8, 2010
93,133
20,630
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi everyone , I applied for refugee case in feb 2019 and I got married to a student visa holder girl in 2020 . As my refugee case is still in process not hearing yet , but my wife applied for our PR in TR PR PATHWAY in May 2021 , now she got refusal ( reason of refusal mentioned by department that her spouse is inadmissible ) we got 30 days to reply them. Please advise what we have to do now ???
Are you working with a lawyer? I would personally hire a lawyer at this point.
 
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canuck78

VIP Member
Jun 18, 2017
53,022
12,785
Hi everyone , I applied for refugee case in feb 2019 and I got married to a student visa holder girl in 2020 . As my refugee case is still in process not hearing yet , but my wife applied for our PR in TR PR PATHWAY in May 2021 , now she got refusal ( reason of refusal mentioned by department that her spouse is inadmissible ) we got 30 days to reply them. Please advise what we have to do now ???
there is something missing in your story. Why is your spouse inadmissible. Agree you need to be speaking with a lawyer.
 
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99909

Hero Member
May 7, 2021
218
78
Hi everyone , I applied for refugee case in feb 2019 and I got married to a student visa holder girl in 2020 . As my refugee case is still in process not hearing yet , but my wife applied for our PR in TR PR PATHWAY in May 2021 , now she got refusal ( reason of refusal mentioned by department that her spouse is inadmissible ) we got 30 days to reply them. Please advise what we have to do now ???
What is reason of inadmissibility, cuz you haven't got your hearing yet, so did they mention the reason why are you inadmissible?
 

Gagan1904

Full Member
Apr 5, 2022
40
1
What is reason of inadmissibility, cuz you haven't got your hearing yet, so did they mention the reason why are you inadmissible?
They just mentioned that under section 41 a , your spouse (me) is inadmissible which means you are also not admissible. I don’t know why
 

Gagan1904

Full Member
Apr 5, 2022
40
1
It looks like she omitted some information in her PR. Did she apply for you too?
No she didn’t apply for me but she just mentioned in her file that her husband is in this status. Then Immigration requested all of my documents including my medical , processing fee , biometrics , pcc everything Now they sent an email informing that you are inadmissible.
 

scylla

VIP Member
Jun 8, 2010
93,133
20,630
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
No she didn’t apply for me but she just mentioned in her file that her husband is in this status. Then Immigration requested all of my documents including my medical , processing fee , biometrics , pcc everything Now they sent an email informing that you are inadmissible.
I believe this has happened because you are a refugee claimant. Time to speak with a lawyer.
 

Masjuy

Hero Member
Dec 6, 2020
283
89
I believe this has happened because you are a refugee claimant. Time to speak with a lawyer.
I think you are right because they should have canceled his refugee claim and go through whole procedure of consequences. Otherwise it seems sitting on two chairs, Good luck with lawyer
 
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scylla

VIP Member
Jun 8, 2010
93,133
20,630
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I think you are right because they should have canceled his refugee claim and go through whole procedure of consequences. Otherwise it seems sitting on two chairs, Good luck with lawyer
Unfortunately I don't think it's that simple. Canceling the refugee claim would have triggered the departure order and the OP would still be out of status in Canada. So I think there would still be a problem.

Anyway, this is a more complex matter and I'm definitely not an expert. I do think the OP needs to speak with a lawyer asap.
 
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Masjuy

Hero Member
Dec 6, 2020
283
89
Unfortunately I don't think it's that simple. Canceling the refugee claim would have triggered the departure order and the OP would still be out of status in Canada. So I think there would still be a problem.

Anyway, this is a more complex matter and I'm definitely not an expert. I do think the OP needs to speak with a lawyer asap.
me neither, not an expert, that is what I meant. departure order and etc.. Unfortunately, that is past, cannot do nothing about it.
 

Ghetta223

Full Member
Oct 21, 2021
33
32
I am sure you were deemed inadmissible because you entered Canada without a Visa or because you violated the condition of your Visa and claimed refugee status. So did you enter Canada without a visa ? Or you violated the condition for which your visa was granted and requested for refugee status?
 
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Masjuy

Hero Member
Dec 6, 2020
283
89
I am sure you were deemed inadmissible because you entered Canada without a Visa or because you violated the condition of your Visa and claimed refugee status. So did you enter Canada without a visa ? Or you violated the condition for which your visa was granted and requested for refugee status?
He will answer but from his email, it seems that because of his refugee claimant status. We have different thread here for topic, such as "I got married and I am refugee claimant, what if I cancel my case, would it trigger my departure order and etc"