Spousal sponsorship, exclusion letter

[Hecsplan]

Hello everyone, I filed for a spousal/common law sponsorship on December 22, 2023 and I a call in notice from CBSA to check on my status, I’m with mot status now, I received the AOR on January and got called in for removal proceedings and got handed an exclusion notice yesterday, my sponsorship application was submitted two months ago, should I just withdraw it?

 

[Ponga]

Hello everyone, I filed for a spousal/common law sponsorship on December 22, 2023 and I a call in notice from CBSA to check on my status, I’m with mot status now, I received the AOR on January and got called in for removal proceedings and got handed an exclusion notice yesterday, my sponsorship application was submitted two months ago, should I just withdraw it?

Did you submit an Inland application? If so, there is a Public Policy for those that are out of status as long as the applicant is NOT deemed to be removal ready before submitting the application.

IMHO, you should confer with a qualified immigration lawyer ASAP.

Not sure if this is helpful, or even applies in your situation, but...
https://www.cbsa-asfc.gc.ca/transparency-transparence/pd-dp/bbp-rpp/pacp/2020-11-24/orp-vpr-eng.html


Exclusion orders


An exclusion order prohibits a person from returning to Canada for one year without written permission or five years if issued for misrepresentation.


Deportation orders


A deportation order permanently bars a person from returning to Canada unless permission to return is obtained from the Minister of Immigration, Refugees and Citizenship Canada.


Q3. What recourse mechanisms are available?


There are a number of mechanisms available. Persons who are deemed to be inadmissible to Canada can, in certain circumstances, seek re-dress at the Immigration Appeal Division. An individual may file an application for leave and judicial review before the Federal Court against any decision made under the Immigration and Refugee Protection Act. In certain instances, these applications can result in an automatic stay of removal until a decision is rendered by the courts. In instances where the application does not trigger an automatic stay, the individual may ask the Federal Court to grant a stay of removal pending the judicial review. If the court grants the request and stays the removal, the CBSA must comply with the Court order and not remove the individual until the case has been resolved.

 

[Hecsplan]

I actually got landingslaw.to represent me we filed the application with them on December 22 I have my biometrics on February 29 I’m just extremely concerned haven’t slept ever since the CBSA officer told me that they’ll probably reach out in a couple months to follow up, and to bring any relevant information as far as where my sponsorship application stands but didn’t mention a date when I would be removed or anything. My lawyers are looking in to this and I am aware of the public policy that’s why it’s odd that they we t and still have me the exclusion notice

 

[Ponga]

I actually got landingslaw.to represent me we filed the application with them on December 22 I have my biometrics on February 29 I’m just extremely concerned haven’t slept ever since the CBSA officer told me that they’ll probably reach out in a couple months to follow up, and to bring any relevant information as far as where my sponsorship application stands but didn’t mention a date when I would be removed or anything. My lawyers are looking in to this and I am aware of the public policy that’s why it’s odd that they we t and still have me the exclusion notice

Sounds like CBSA is giving you a chance to reach the all important `AIP' stage regarding your sponsorship application.

Good luck!

 

[Hecsplan]

Did you submit an Inland application? If so, there is a Public Policy for those that are out of status as long as the applicant is NOT deemed to be removal ready before submitting the application.

IMHO, you should confer with a qualified immigration lawyer ASAP.

Not sure if this is helpful, or even applies in your situation, but...
https://www.cbsa-asfc.gc.ca/transparency-transparence/pd-dp/bbp-rpp/pacp/2020-11-24/orp-vpr-eng.html


Exclusion orders


An exclusion order prohibits a person from returning to Canada for one year without written permission or five years if issued for misrepresentation.


Deportation orders


A deportation order permanently bars a person from returning to Canada unless permission to return is obtained from the Minister of Immigration, Refugees and Citizenship Canada.


Q3. What recourse mechanisms are available?


There are a number of mechanisms available. Persons who are deemed to be inadmissible to Canada can, in certain circumstances, seek re-dress at the Immigration Appeal Division. An individual may file an application for leave and judicial review before the Federal Court against any decision made under the Immigration and Refugee Protection Act. In certain instances, these applications can result in an automatic stay of removal until a decision is rendered by the courts. In instances where the application does not trigger an automatic stay, the individual may ask the Federal Court to grant a stay of removal pending the judicial review. If the court grants the request and stays the removal, the CBSA must comply with the Court order and not remove the individual until the case has been resolved.

I submitted an inland application, two months ago December 22, surrendered my passport on January 19th got a proceedings letter saying that I was scheduled on February 19 for a proceeding werher I remain in Canada or a removal order would be issued, I got a exclusion order even though I wasn’t as far as when I submitted my application I was in no removal proceedings, until I surrendered my passport because I was out of status