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Married with Deportation Order

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DOTlk View Drop Down
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    Posted: 11 Jan 2010 at 10:25pm
hi,
  when i was single , i applied asylum in 2003 and declined 2004 ,appealed in federal court dismissed  Prra Lost 2006 and Turn into Deportation Order , Managed to Escape from CBSA and married since 2006

Is there a way to Get PR without Deportation ?
what are my options availabe to date?
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 12 Jan 2010 at 1:02am
Not sure what you mean by "escape from CBSA" . . . if you have criminality issues looming you probably are inadmissible.

In any event, there is no way to be certain you can stay and obtain PR without deportation.

However, if you have been married since 2006, living with your partner, and the relationship is continuing and you originally entered Canada legally, and your partner is eligible to sponsor you, yes, you can file an inland sponsored spouse PR application. No guarantee they will not execute/enforce the deportation order pending the processing, but with a marriage existing that long, if you submit strong proof of that, you at least have a chance . . . and I suppose it could become a matter of timing.

There are other avenues, other arguments . . . a lawyer could better explain the alternatives you have, the risks, the prospects. And with a lawyer you could fully reveal all the circumstances and get an informed opinion.

No guarantees at all in the very best case scenario. Depending on what actually went down in 2006, things could be a long way shy of the best case scenario.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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gggomez View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote gggomez Quote  Post ReplyReply Direct Link To This Post Posted: 12 Jan 2010 at 3:12am
have you thought about just leaving and taking your wife with you. It might not be a bad idea given the cost its going to incur the government to secure and put you in a detention centre and on a plane! 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote DOTlk Quote  Post ReplyReply Direct Link To This Post Posted: 12 Jan 2010 at 1:30pm
thanks dpenabill,

as per my knowledge i dont have any criminal records
YES relationship is continuing
yes originally entered Canada legally
yes my partner is PR in 2006 and now
Canadian Citizen

What are they "
strong proof" please briefly specify them
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sputnikx Quote  Post ReplyReply Direct Link To This Post Posted: 12 Jan 2010 at 11:22pm
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
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curtis View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote curtis Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jan 2010 at 12:10am
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.
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redeagle View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote redeagle Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jan 2010 at 12:23am
Originally posted by curtis 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.
"Will this matter a year from now?"
Probably, this is gonna be a one hell of a long journey.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote janimani Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jan 2010 at 8:59am
DOTlk,
 
Your story is very similar to ours.  We got married in 2006, and my husband had PRRA and had a deportation order as well.  He didn't go.  In 2006 after we got married, to set things right, we hired a lawyer, who advised us to apply in-land/or/out-land (your choice).  The thing with in-land is 1) It takes longer 2) If you lose, you can't appeal and they will execute the deportation order 3) The good thing - you get to wait it out with your spouce.  We chose outland because 1) Faster 2) can appeal.  We filed the outland papers through our lawyer in Nov 2006 and in April 2007 we got called for an interview in New Delhi.  With our lawyer, we then went to CBSA and executed the deportation order (they didn't put him behind bars or anything because they knew he would leave since he had the interview letter).  We went to the interview where they determined that our relationship was genuine, BUT, WHICH IS A BIG BUT we needed to apply for an ARC (authorization to returm to Canada alos known as Minister's Approval).  Since they couldn't deny our realtionship was genuine, we got called in for another interview and were denied ARC.  We appealed and won without any hearing.  In January 2009 my husband landed in Canada.
 
It's going to be a diffcult and LONG process, but it's worthwhile and the right thing to do. It is going to cause you and your spouce hardship, but in the end it will make everything right.  THE KEY IS TO INVEST AND GET A GOOD LAWYER!!!  WE wouldn't have been able to get through withour our lawyer's help. Good Luck.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote DOTlk Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jan 2010 at 7:31pm
Thanks To All ,
                     i am Getting Energetic nowadays after reading your replies , still waiting for a quick way to get back on track , the problem is going back home , i am really really thinking of that matter
 
do i have an Opportunity to Apply  "Canadian Experience Class ": ? & out-land PR same time ?
 
any other choices?
 
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote redeagle Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jan 2010 at 9:33pm
Originally posted by DOTlk DOTlk wrote:

Thanks To All ,
                     i am Getting Energetic nowadays after reading your replies , still waiting for a quick way to get back on track , the problem is going back home , i am really really thinking of that matter

 

do i have an Opportunity to Apply  "Canadian Experience Class ": ? & out-land PR same time ?

 

any other choices?

 

 


Why would you do that? If your relationship is genuine and you can show it, this would by far be the best option.
"Will this matter a year from now?"
Probably, this is gonna be a one hell of a long journey.
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