Spouse Sponsorship/ CBSA

[komar]

Hi all,
Husband is a failed refugee claimant and applied on H&C grounds but has not reach the PRRA stage. Wife is a PR. We applied for in-canada spouse sponsorship in June09. We have not received AIP so far, file has been transferred to local CBSA and husband has to report to CBSA every month.
We are just wondering what stages people in similar situation are at and if there has been any new developments. Most importantly, does anyone has any idea about the time line?
Thanks

 

[Halifax-Maple]

Hi all,
Husband is a failed refugee claimant and applied on H&C grounds but has not reach the PRRA stage. Wife is a PR. We applied for in-canada spouse sponsorship in June09. We have not received AIP so far, file has been transferred to local CBSA and husband has to report to CBSA every month.
We are just wondering what stages people in similar situation are at and if there has been any new developments. Most importantly, does anyone has any idea about the time line?
Thanks

Every case is individual. With little information in your post, it is difficult to make the proper input. when did he claim refugee? how did you get to know one another? when did you get married? after the failed refugee status or before? too many questions????

 

[komar]

Not at all! Sorry if the post seemed elusive. Here is some more information.

He claimed refugee status in 2001, refused in 2004, filed H&C in 2004 and the application is still in-process. We met online in 2008 and were instantly attracted to each other because of similar interests and values. He was in Alberta, she in Ontario. Basically were in contact over the ph and internet. Met each other twice in-person and then decided to get married.

Got married in 2009 so it was waaay after the refugee claim was denied. He has still not received his PRRA. Filed in-Canada spouse sponsorship in June2009. We are told that the sponsorship and H&C applications are merged and is being processed by CBSA. We requested and received FOSS notes but there is no information as to why his H&C application is being delayed for almost 6years or why the sponsorship file was transferred from Vegreville to CBSA without the AIP. Have contacted MPs and Senators thrice in the last 9 months but the only reply we got so far is that the file is under process.

Some general info: We are from the same country and practice the same religion, have similar educational background and husband is a couple of years older than the wife. Hope it helps.

 

[Halifax-Maple]

Interesting ! thanks for the information. I am sorry I am not the best person to advise in this area. Perhaps senior members (like PMM), can help. All I know is that the success rate for H&C is very very low (almost zero). I also can add (and sorry to disappoint you) that CBSA and CIC Always suspect the marriages that take place at that late stage of refugee refusal, H&C and just prior to PRRA.

Good luck

 

[komar]

Thanks for the reply.

We do understand that they would suspect that we got married only for the sake of immigration but the husband was 28 years old when he came to Canada and kept waiting and trying for his immigration. Although a lot of people including even his lawyer here advised him to get married to solve his immigration issue, he wanted to settle down only once he has his immigration to avoid a marriage of convenience. He is 37 years old now. How long do they really expect anyone to wait for processing of his application and stay single before they would decide that the marriage is genuine??? How can they deny anyone the right to have his own family?

He hasnt seen anyone from his family and friends for 10 years and still there is no end in sight. Though he came to Canada with hardly any money, he has never been on social assistance and has worked through out the 10 years that he has been in Canada to avoid being a burden on the system and even paid his lawyer out of his own pocket instead of asking for legal aid as a refugee claimant.

 

[komar]

We would very much appreciate if anyone out there can share their experience or any advice/ information they might have about our situation. We just want to be prepared for all scenarios. As they say : fore warned is fore armed.