Married with Deportation Order

you would have to have 'legal' Canadian experience in order for you to qualify in the Canadian experience class and as of now the Authority to Return to Canada for non-spousal immigrants is in 99.99% of cases always refused.

Also, why would you even consider going this way if you can do the spousal sponsorship immigration? Unless of course your spouse can't qualify to sponsor.

If you have been in Canada illegally for years, no, I do not think you have any chance whatsoever of obtaining PR via the "Canadian experience" class; I do not know for sure, but I suspect, in fact, that you would be explicitly excluded from qualifying for this class.

If you applied for PR via the sponsored spouse filing out-of-Canada route, you would probably face additional hurdles such as obtaining Authorization to Return to Canada and could easily be called for an interview in the overseas visa office.

Your circumstances are going to raise doubts about why you married a Canadian . . . just to stay in Canada? so whether you file outland or inland, your app is likely to be scrutinized very closely, and so an interview for you is much more likely than for most.

The issue with the inland route, of course, is whether they arrest you and physically deport you before you obtain AIP, but I suspect that the inland route is your best near term option. If you are deported, then of course you will have to file a new outland app and apply for ARC, and again, the app will scrutinized more than many if not most.

A lawyer may be able to give you a lot better idea of how things will go as a practical matter if you file via the inland route.

Thanks To All ,

curtis wrote: My friend, forget to apply in land since your status is ilegal you cant apply for PR best thing is to leave the country with your wife. apply fom home visa office and you might have to convience that your marriage exists take your wife together apply after list 3 yrs.since you where rejected for refuge they might think you intention is to stay in Canada.

This is rubbish, one can apply for PR via spousal sponsorship as long as all other conditions are met. Whether the are thrown out of the country during the process is a whole different matter, but it does not stop you being sponsored.

Well I would say, it doesn't look very good. Since you have already had your PRRA application, your deportation will not be stalled by applying inland. You have to have Approved in principle status (around 5-6 month after application is sent to Vegreville AB) before the PRRA application is started in order to fall into the new regulation where deportations are stalled.

Since your PRRA is from 2006 and you haven't checked back with CBSA, you must have had a search warrent issued against you by now and if caught by the police, you would probably end up in a detention center for removal.

I would say the best option I can see is to correct all the wrongs, which would first mean to go to the CBSA, telling them you want to leave the country, getting your passport back, buying your own ticket (important or you will have to reimburse CIC later on with about three times the market price) and leaving the country.

When leaving at the airport you will have to recheck with CBSA (unless you are put in a detention facility until removal from Canada) and you will get a Certificate of departure (you will need to show that to your CIC office where you are applying to)

Once back in your home country, you can apply outland and have to also apply for a Authority to return to Canada (ARC) which adds between 3 -12 month (depending on the CIC office) to the regular processing time. Applicants who have proven that they are in a genuine relationship and who do not have a criminal record generally receive the ARC (unless CBSA does not recomend the issuing of the ARC).

I don't know which country you would be applying from, but I would say you will look at a minimum processing time of 12 to 18 month, possibly a lot more.

As dpenabill has mentioned, it might be good to see a lawyer for your case (and a good one).
I don't know what the exact regulations are, but you might be able to reapply for another PRRA, since it's been already 4 years. Again I don't know what country you are from, but there might be some changes in how CIC evaluates the danger there and you might be able to qualifiy for a stalling of the removal.

If you can reapply for a PRRA you also have the option of sending in a sponsorship application and in case you receive your Approved in principal paper from the CIC office in  Vegreville before the PRRA is looked at (usually around 3-6 month) you got a chance that your removal will be stalled until your sponsorship application is decided on.

In any case, it's going to be very hard!


Edited by sputnikx - 12 Jan 2010 at 11:24pm