need some help.

[omariewk1]

Hi, Good day to you all. I have a question that I need advice on. Can somebody that has been denied refugee protection apply for spousal sponsorship? any help will be gratefully appreciated

 

[mikeymyke]

Yes, but their chances of being approved are low and their application will be heavily scrutinized.

 

[omariewk1]

why so? me and my wife have been together over 2 years now, we have a baby on the way plus we have a joint bank account together and life and injury insurance together in both our names.

 

[Ponga]

I don't believe you were being told that you would NOT be successful, only that you should expect to have your relationship looked at very closely.

The real issue for you could be, remaining in Canada (if you are here currently) while awaiting a decision on a Spousal Sponsorship application.

While it's true that an Inland applicant does not need to maintain legal status to apply, that does not guarantee that they would not be removed by CBSA prior to their PR approval. Since you have already been denied refugee protection, you're likely already on CBSA's radar.

It might be a good idea to talk with an experienced immigration lawyer (most offer a free consultation).

Good luck!

 

[Kysorb]

why so? me and my wife have been together over 2 years now, we have a baby on the way plus we have a joint bank account together and life and injury insurance together in both our names.

He wasn't saying its impossible, just that apps like this face higher scrutiny because of the denial. You didn't talk about your history in your first post you just said what are the chances so you shouldn't take someone saying "low" offensively when you didn't provide them any other details.

You are going to need to prove that your relationship is not a "marriage for visa" and Missasauga and then whoever your VO will be is going to come at you always with that mindset - because of the refugee denial. You sound like you will have a good case with your history and life roots, however it is you who is going to need to convince them not us that your marriage is not just so she can stay in the country but because it is honest and real. I wish you luck, don't expect this one to take the normal "time" you see on their websites but what do i know i am just a guy on the internet offering my 2 cents.

 

[mikeymyke]

why so? me and my wife have been together over 2 years now, we have a baby on the way plus we have a joint bank account together and life and injury insurance together in both our names.

In the eyes of the visa officer, your marriage is highly suspect, because you were a failed refugee claimant. You filed a refugee claim because you want to stay in Canada very much. So much so, that you're potentially willing to marry a Canadian to achieve your goal of staying in Canada.

There are people who file legitimate refugee claims and be refused, but there are those who file baseless refugee claims, or file refugee claims from relatively safe countries, and there are lots of people who will marry a Canadian right after they're issued a deportation order, or a refusal. This in itself, is an even bigger red flag than just the refugee claim itself, because it shows the applicant is marrying as a last ditch attempt to stay in Canada.

Did you propose/marry after you were denied? You need to give us more info about your situation. Not saying your application will be refused 100%, but that the chances are relatively low, and you are almost guaranteed to get an interview, and they'll definitely question you about your refugee claim.

 

[omariewk1]

the claim was denied from 2011, I have been with my wife since 2012, we open a joint bank account last year. added her to my life and injury insurance this year, moved in together February 2014 got married this april. we have a baby on the way due to be born September. we have pictures of us going out for dinners and trips together. plus pics at home with me her mom and her kids. so with all that information I don't see any obvious reason why they would think its a marriage of convenience. and me claiming refugee wasn't my idea. it was a stupid lawyer that put me on it. I came here on a work permit. when my work season finished I went to his office asking him if I can become a permanent resident without getting married
he show me a card with some ways that I can go about doing so. I told him to put me on anything else that is on the card but not refugee because I came to Canada on a plane not a banana boat so im not a refugee. he said ok he wont put me on refugee then. he gave me some paper works to sign which I stupidly signed without reading them before I signed them. it is after I went home my friend wife was reading it and said to me that im claiming refugee. I said to her what? are you kidding me? its after I read it I saw that I was really on refugee claimant.
I instantly called him and ask him why he put me on refugee when I already told him that im not claiming refugee because I didn't came here via a boat. he said to me that that's the only way that I can get a work permit. I asked can you cancel the refugee claim he said no because all the documents are already being faxed off. that's how comes im stuck on this refugee bs. not my idea and it wasn't my plan.

 

[mikeymyke]

But to file a refugee claim, you're supposed to give details as to why you are fleeing your country, what were the dangers posed to you and your family, what protection you sought from the authorities, etc. Did the lawyer just fill in random stuff or just left everything blank?

I also read in CIC's instructions (might have changed since 2011) that you are able to withdraw claim by submitting your request to RPD before your hearing, why didn't you just withdraw your refugee claim then? Did you believe that you really couldn't withdraw because your lawyer said everything was submitted already?

Your lawyer is an idiot and I can't imagine how angry you must've been when you found out about that.

 

[Ponga]

Are you in Canada now?

If so, are you out of status?

Have you been out of status since your work permit expired (in 2011?)?

If you have, it's not the end of the world, but you'll need some help and a bit of luck to get through this!

 

[omariewk1]

i didnt know anything about it that you could withdraw your claim because i had asked him to do so and he said thats not possible because all the documents have already being faxed off. plenty of times we got into some heated arguments because of him and his hunger for money. the application for refugee was done in november and by december he was calling me telling me that he can get me an early hearing if i can pay him the rest of the fee. i told him i dont have that money on me so i will pass. he said get the money, pay him and he will get me an early hearing said to him i told you i dont have the money do you want me to go thief or bend over and pull the money from my ass to pay you?
i then said to him that all you seems to care about his money. you dont care where i get it how i get it all you are interested in is me paying you. the day of the hearing when the claim got denied he said to me that i can appeal the decision and he can do it for me but i will have to pay him all the money upfront withing 2 days of the hearing for him to do the process. before i pay him the money to file the appeal i went to contact another immigration lawyer whats next to do he said dont pay him any money because he is an immigration consultant not a lawyer so he cant represent me at the appeal hearing only an immigration lawyer can do so.
and he also told me that further further if you appeal the decisio for the refugee claim that wouldnt be wise because i would be basically telling the canadian government that they are stupid and they dont know what they are doing which will make it even more difficult to get a positive decision. and shockingly he also told me that im not the first person that telling him the same story about what that stupid lawyer did to me. i consult with a few more lawyers and they also told me the samething to stay away from him because im not the first person that he have screwed over the very same way, i all told me the same thing that if i want to become a pr resident i can iether go back home or move from my address and go find myself a wife.
but if immigration canada was looking for me i was working at the same place of employment right up to december 2012 when my work permit expired.

 

[scylla]

It doesn't matter whose idea it was to claim refugee status. CIC holds you responsible for your actions.

It would be helpful if you answered some of the questions you've been asked: Are you still in Canada as of now? Are you without status or do you still have status as the result of an appeal? If you are out of status, have you received anything from CIC instructing you to leave Canada?

 

[omariewk1]

im still in canada but im out of status now. been out of status since december 2012

 

[mikeymyke]

Something doesnt make sense to me. If you really did believe that you couldnt withdraw the claim, when you got to the hearing, why didnt you tell the officers there that you filed the claim by mistake? Did u make up some kind of bogus refugee story for them at the hearing?