URGENT HELP

[char1es]

Hi Guys:

Here is my situation. I try to explain it as simple as possible. I was married with my ex last January.(We are Gay) Cause some press from our families and life habits, we started separated from the end of January. And last year November, I started my EE application. And recently, I have received my PPR. However, after we met in this Jan, we still think we have the feeling for each other. So I would like to sponsor him again. But, he was overstayed in Canada around 10 years since Study Permit expired and he applied H&C on 2015 and refused. Recently, he has received a voluntary departure order that he should leave . My lawyer said I can add him to my case even though I have already received PPR and that won't affect my case.(Sponsor not accompany to Canada) My lawyer said since my spouse got the voluntary departure, once he come back our country, he won't be inadmissible.

I am wondering whether my lawyer is right or not?
My plan was to landing first and then sponsor him again. If we continually keep separated status and no one apply divorce after 1 year , are we still separate or already regarded as divorce? My lawyer said if I didn't add him now, I cannot sponsor him later because he was excluded family member and didn't have the medical exam.
I don't know what should I do. I am really worry about once I add him to my application, then it will be refused. I hope anyone here can give some advice.
Thanks

 

[xpressentry]

If he leaves voluntarily, he will be admissible for re-entry. If he does not leave voluntarily and has to be deported, then he is inadmissible.

 

[thepilot]

Hi Guys:

Here is my situation. I try to explain it as simple as possible. I was married with my ex last January.(We are Gay) Cause some press from our families and life habits, we started separated from the end of January. And last year November, I started my EE application. And recently, I have received my PPR. However, after we met in this Jan, we still think we have the feeling for each other. So I would like to sponsor him again. But, he was overstayed in Canada around 10 years since Study Permit expired and he applied H&C on 2015 and refused. Recently, he has received a voluntary departure order that he should leave . My lawyer said I can add him to my case even though I have already received PPR and that won't affect my case.(Sponsor not accompany to Canada) My lawyer said since my spouse got the voluntary departure, once he come back our country, he won't be inadmissible.

I am wondering whether my lawyer is right or not?
My plan was to landing first and then sponsor him again. If we continually keep separated status and no one apply divorce after 1 year , are we still separate or already regarded as divorce? My lawyer said if I didn't add him now, I cannot sponsor him later because he was excluded family member and didn't have the medical exam.
I don't know what should I do. I am really worry about once I add him to my application, then it will be refused. I hope anyone here can give some advice.
Thanks

Why consult a lawyer if he is no bueno!

Regardless, this is a very delicate situation as if he leaves there is a chance that his return won't be approved due to the fact that he overstayed 10+ years

Get a second opinion from a different immigration lawyer.

 

[char1es]

If he leaves voluntarily, he will be admissible for re-entry. If he does not leave voluntarily and has to be deported, then he is inadmissible.

So can I add him now to my application? Would cic refuse my case due to his previous negative overstay for 10 years?

 

[char1es]

Why consult a lawyer if he is no bueno!

Regardless, this is a very delicate situation as if he leaves there is a chance that his return won't be approved due to the fact that he overstayed 10+ years

Get a second opinion from a different immigration lawyer.

Is that possible we keep separated status and sponsor him when he come back our home town and I got my PR? Thanks

 

[char1es]

Anyone has such experience before? I consulted with some consultants and most of them said I can sponsor my ex after I landing. However, my lawyer insist that I should add him in my PPR. I checked CIC states that excluded family member cannot be sponsored in a life time. I don't know whether my separated spouse counts as excluded family member. Thanks :-X :-X

 

[thepilot]

Is that possible we keep separated status and sponsor him when he come back our home town and I got my PR? Thanks

If you were legally divorced no, separated within certain time may still be considered married.

 

[char1es]

If you were legally divorced no, separated within certain time may still be considered married.

The problem is I don't know whether the immigration law will count him as excluded family member. Thanks