Out of Status. Please help

[VancouverIsland]

Hello everyone thanks for checking out my post here i have a few questions about out of status person who is my boyfriend.
So My boyfriend came here and applied as refugee status 6-7 years ago and got rejected from the his first hearing, he applied to federal court and got married right before federal court decision made which was rejected too. His ex wife sponsored him and theyre waited 15 months to get answer, after 17 months waiting sponsorship and being married they had a marriage/sponsorship breakdown. She basically cancelled spouse sponsorship and got divorced from him.

So we have been together 2 years now and dont know what route we should pick, i dont want him to go back home at all. i love him so much. We are planning to get married very soon and i will sponsor him. we are planning to have a child together as well. He said he did not apply pre removal risk and humanitarian so. We saw a lawyer recently and he did not say anything usefull basically just make sure our marriage is genuie and the our kid/pregnancy will make the application stronger. He said it does not matter we apply whethere inland or outland so i did not trust this lawyer he seemed like he wanted to make a lot of money from us then we left his office. I have a full time job my income is over $50.000 a year so financilly i dont have any problem. By the way i was married before ,me and my ex husband got seperetad 5 years ago and got divorced 2 months ago . I also got discharged from bankruptcy recently that is why we could not get married and i couldnt sponsor him.

So this is our story and we would love to hear experienced people on this forum. im sure you all have more knowledge than us. Please do not ignore my post im desperately need help here. (sorry for grammer issues)
Thanks for reading

 

[Wakki]

Hello everyone thanks for checking out my post here i have a few questions about out of status person who is my boyfriend.
So My boyfriend came here and applied as refugee status 6-7 years ago and got rejected from the his first hearing, he applied to federal court and got married right before federal court decision made which was rejected too. His ex wife sponsored him and theyre waited 15 months to get answer, after 17 months waiting sponsorship and being married they had a marriage/sponsorship breakdown. She basically cancelled spouse sponsorship and got divorced from him.

So we have been together 2 years now and dont know what route we should pick, i dont want him to go back home at all. i love him so much. We are planning to get married very soon and i will sponsor him. we are planning to have a child together as well. He said he did not apply pre removal risk and humanitarian so. We saw a lawyer recently and he did not say anything usefull basically just make sure our marriage is genuie and the our kid/pregnancy will make the application stronger. He said it does not matter we apply whethere inland or outland so i did not trust this lawyer he seemed like he wanted to make a lot of money from us then we left his office. I have a full time job my income is over $50.000 a year so financilly i dont have any problem. By the way i was married before ,me and my ex husband got seperetad 5 years ago and got divorced 2 months ago . I also got discharged from bankruptcy recently that is why we could not get married and i couldnt sponsor him.

So this is our story and we would love to hear experienced people on this forum. im sure you all have more knowledge than us. Please do not ignore my post im desperately need help here. (sorry for grammer issues)
Thanks for reading

Good you have completed the process of bankruptcy discharge......refer who can sponsor...........

Who can’t become a sponsor

You can’t be a sponsor if you:

• receive social assistance for a reason other than a disability
• are still going through the process of bankruptcy (undischarged bankruptcy)
• were sponsored by a spouse or partner and you became a permanent resident less than five years ago
• sponsored a previous spouse or partner and three years have not passed since this person became a permanent resident

Will advice that you marry genuinely, having a baby together is not a mandatory requirement, although if you both have a child it may help support your marriage and considering your Spouse out of Status.

Don't have much to say here but advice you send your documents based on the spousal sponsorship checklist 2018v.......Good Luck.

 

[scylla]

Hello everyone thanks for checking out my post here i have a few questions about out of status person who is my boyfriend.
So My boyfriend came here and applied as refugee status 6-7 years ago and got rejected from the his first hearing, he applied to federal court and got married right before federal court decision made which was rejected too. His ex wife sponsored him and theyre waited 15 months to get answer, after 17 months waiting sponsorship and being married they had a marriage/sponsorship breakdown. She basically cancelled spouse sponsorship and got divorced from him.

So we have been together 2 years now and dont know what route we should pick, i dont want him to go back home at all. i love him so much. We are planning to get married very soon and i will sponsor him. we are planning to have a child together as well. He said he did not apply pre removal risk and humanitarian so. We saw a lawyer recently and he did not say anything usefull basically just make sure our marriage is genuie and the our kid/pregnancy will make the application stronger. He said it does not matter we apply whethere inland or outland so i did not trust this lawyer he seemed like he wanted to make a lot of money from us then we left his office. I have a full time job my income is over $50.000 a year so financilly i dont have any problem. By the way i was married before ,me and my ex husband got seperetad 5 years ago and got divorced 2 months ago . I also got discharged from bankruptcy recently that is why we could not get married and i couldnt sponsor him.

So this is our story and we would love to hear experienced people on this forum. im sure you all have more knowledge than us. Please do not ignore my post im desperately need help here. (sorry for grammer issues)
Thanks for reading

You can expect his application will be examined very closely by IRCC because of the failed refugee application and failed previous sponsorship / marriage. You'll want to put together a very strong application to demonstrate your relationship is genuine. IRCC won't be worried about your intentions - it's your boyfriend they will focus on. I think it's probably quite likely he will be called to a relationship interview because IRCC will want to ensure he's not in a relationship with you for the primary purpose of obtaining status in Canada (marriage of convenience). Again, you want to focus on putting together a very strong application to demonstrate that your relationship is genuine (especially on his end). I would expect longer than normal processing times for the application based on his history.

Note that if you apply inland, there is no appeal process if you are refused.

Having a kid won't necessarily make your application stronger. Don't have a kid just to strengthen your application.

What happened when she cancelled the sponsorship application? Did IRCC issue a removal order? Does he know?

 

[VancouverIsland]

Good you have completed the process of bankruptcy discharge......refer who can sponsor...........

Who can’t become a sponsor

You can’t be a sponsor if you:

• receive social assistance for a reason other than a disability
• are still going through the process of bankruptcy (undischarged bankruptcy)
• were sponsored by a spouse or partner and you became a permanent resident less than five years ago
• sponsored a previous spouse or partner and three years have not passed since this person became a permanent resident

Will advice that you marry genuinely, having a baby together is not a mandatory requirement, although if you both have a child it may help support your marriage and considering your Spouse out of Status.

Don't have much to say here but advice you send your documents based on the spousal sponsorship checklist 2018v.......Good Luck.

thank you very much. we are still doing deep researching and trying to gain as much as informations possible. we will proceed very soon.

 

[VancouverIsland]

You can expect his application will be examined very closely by IRCC because of the failed refugee application and failed previous sponsorship / marriage. You'll want to put together a very strong application to demonstrate your relationship is genuine. IRCC won't be worried about your intentions - it's your boyfriend they will focus on. I think it's probably quite likely he will be called to a relationship interview because IRCC will want to ensure he's not in a relationship with you for the primary purpose of obtaining status in Canada (marriage of convenience). Again, you want to focus on putting together a very strong application to demonstrate that your relationship is genuine (especially on his end). I would expect longer than normal processing times for the application based on his history.

Note that if you apply inland, there is no appeal process if you are refused.

Having a kid won't necessarily make your application stronger. Don't have a kid just to strengthen your application.

What happened when she cancelled the sponsorship application? Did IRCC issue a removal order? Does he know?

thanks for replying. yes we are aware that IRCC will take a closer look to our case but this is gonna be real marriage we are willing to go to interviews more than one time if its necessary. Having a kid was our plan from the beginning, we both want to have a baby together so the only thing is we decided to do it a little earlier.
he just moved to another place and they got divorced, he doesnt know that if he has a removal order because he changed his phone and everything and did not contact with them.

 

[canuck78]

thanks for replying. yes we are aware that IRCC will take a closer look to our case but this is gonna be real marriage we are willing to go to interviews more than one time if its necessary. Having a kid was our plan from the beginning, we both want to have a baby together so the only thing is we decided to do it a little earlier.
he just moved to another place and they got divorced, he doesnt know that if he has a removal order because he changed his phone and everything and did not contact with them.

Would strongly discourage you to get pregnant until you know your boyfriend can stay in the country. You just completed bankruptcy, you are living on one income that is not very high and if you go on maternity leave or have to go on disability due to something like extended bed rest you will have to survive on a fraction of your salary. Having a baby given your bf's complicated immigration history will not strengthen your case. CIC knows that people think that having a baby will secure their immigration status and so they know people try to have a Canadian child. A child will not increase his chances. Many people have been refused when they had a child and that just makes life harder if the single parent is able to stay in Canada. I would at least focus on paying off the various sponsorship expenses first.

 

[VancouverIsland]

what are the chances he will face the deportation while our application processing?
thanks for the answers you guys really helping me a lot!

 

[canuck78]

what are the chances he will face the deportation while our application processing?
thanks for the answers you guys really helping me a lot!

Given that it seems like he has actively been avoiding IRCC who knows. It has been quite a while since his refugee application was refused and his spousal sponsorship was cancelled. There is a good chance there is a removal order but hard to say given we have no idea where he is from, if he has a valid passport, etc. No sure what will happen when you file for spousal sponsorship and they finally have contact information for him. Given he could be deported during the sponsorship process, even if he is sponsored eventually, it doesn't make sense to get pregnant. You need to find a different lawyer who could suggest what to do or help your bf approach IRCC/CBSA about wanting to do things right after evading them for a few years.

 

[mikeymyke]

No one really knows when he will face deportation, but I would really strongly recommend that you do NOT try to get pregnant before he gets PR. It's the worst possible thing you could do given the uncertainty of his PR application and possible deportation. Having a child won't improve his PR chances, and the last thing you want to do is to give birth, but your husband is deported or refused PR and unable to see the child, leaving you raising the child alone and without a father.

You also mentioned that you will attend as many interviews as necessary to succeed, but you need to remember that these interviews are extremely interrogative in nature, not friendly at all, most of the time you're not allowed to attend with him in the same room, and they will be extra hard on your husband as he has tons of red flags (failed refugee claimant who married a Canadian, now attempting to marry another Canadian and currently out of status).

 

[starnaenae]

Please DONT have a baby just for immigration purposes. That is EXTREMELY selfish of you to do that if you do. My son is 6 months old and my husband is here and its HARD. He was on a visitor visa after he was born and i was only able to take 8 weeks of mat leave as it wasnt enough to live off of. Even now that he has his PR and working its hard. 50000 isnt a lot of money and your mat leave would probably barely cover your living expenses. Nevermind diapers formula wipes clothes and everything else. Think a bit more about this. Seek more legal advice but DONT have a baby thinking it will help keep you and your bf together here and speed up an application

 

[VancouverIsland]

thanks for replying guys. as i mentioned before we were planning to have a baby since we met. we are not going to have baby bc of his status. it was what we wanted right after we got married . its a big risk but im willing to take the risk.