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Married with Deportation Order

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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: 16 Jan 2010 at 4:01am
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.
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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natnat View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote natnat Quote  Post ReplyReply Direct Link To This Post Posted: 16 Jan 2010 at 6:02pm
the best way is doing outland, even tho there will be long delay and difficulties, but at the end of the day, is all worth it when you are documented and legal in Canada. be prepare for the seperation and endless waiting during the whole process, but think about your ultimate goal is re-unite with your spouse in Canada, build up ur strgenth and endurance, love will conquer.
 
cheers
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sputnikx View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sputnikx Quote  Post ReplyReply Direct Link To This Post Posted: 17 Jan 2010 at 8:44pm
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.
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janimani View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote janimani Quote  Post ReplyReply Direct Link To This Post Posted: 18 Jan 2010 at 8:56am
I agree with sputnix -
 
You actually have a better chance at sposal sponsorship because you can demonstrate that you didn't get married just to stay in Canada - I think you said you have been married 4 years? You will be able to easily proove as you will probably have lots of picutres/joint bills/joint lease/joint bank account...those kinds of things to proove your geniuine relationship.
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RobsLuv View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote RobsLuv Quote  Post ReplyReply Direct Link To This Post Posted: 18 Jan 2010 at 3:40pm
Originally posted by redeagle redeagle wrote:

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.


The problem with applying inland is three-fold, and I wouldn't recommend it either.  First of all, if you are in Canada illegally, your application is not going to get to the first stage of approval, that dpenabill mentioned, within 6 months.  All inland applicants who don't have valid temporary status when they apply will have their applications transferred to a local CIC office for processing and that can take years to get to first stage approval.  The reason: my second reason for not applying inland - you notify CIC that not only are you still in Canada, but where to find you.  That's why they transfer the file to the local CIC office - now CIC officials in your town know where you are.  Thirdly, filing inland is a waste of time and money if you're going to be deported anyway.  You cannot be approved under an inland application when you're out of the country.  You'd be better off to get an outland PR application in process through the visa office in your home country - without leaving Canada just now - but even that probably wouldn't work if you were actually served with deportation orders.  You'll need to check with a lawyer, but I don't believe you can get PR approval without an ARC if you were ordered out of the country - whether you left or not.  It's possible that your best course of action would be to file a Humanitarian and Compassionate application - citing grounds of your marriage and the best interest of any children involved, as well as danger or unrest in your home country, etc.  I think that's the proper way to deal with a case like yours but, again, a good immigration attorney is your best resource at this juncture.  You're in deep and it won't be an easy fix.  

Edited by RobsLuv - 18 Jan 2010 at 3:43pm
3/2007-applied
1/2008-Refused
12/2008-ADR failed
1/2010-Appeal allowed
4/2010-In Process(Again)
5/2010-request FBI/meds
8/2010-FBI recd
11/30/10-APPROVED!
1/31/11-LANDED!
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sputnikx View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sputnikx Quote  Post ReplyReply Direct Link To This Post Posted: 19 Jan 2010 at 11:41pm
just to add to Robsluv's post:

Outland processing can not start if you have a non-executed removal order against you. You would have to go to the foreign CIC office to execute the removal order first (done by an immigration officer), before they would start processing your file.
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DOTlk View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote DOTlk Quote  Post ReplyReply Direct Link To This Post Posted: 22 Jul 2010 at 5:50am
how about if i move to USA ? (and claim refuge) do i have anychane to get Active Canadian Sponsorship processed instant of  flying back to my country ?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote janimani Quote  Post ReplyReply Direct Link To This Post Posted: 22 Jul 2010 at 8:53am
The thing is - you don't have many options.  You really can't go anywhere (how will you get into the US without showing your passport?  I am sure there are ways...but..it's far fetched).
 
Like most people have said - your best bet is to execute the deportation order. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote admissiblebrit Quote  Post ReplyReply Direct Link To This Post Posted: 22 Jul 2010 at 11:28am
I agree, also option is to get some professional advice by calling an Experienced lawyer.  But i'm pretty certain they will tell you to execute the deportation order.
 
As soon as you file an application to CIC wether it is inland or outland they will immediatly inform CBSA of your where abouts.  Since you have evaded CBSA i would bet dollars to donuts they will arrest you and detain you, and deport you.  CIC have no need to interview you if there is an unenforced deportation order, and most likley a warrent out for you.  Unfortunatly marrying canadian citizen does not exempt you from breaking the law, which you have done.


Edited by admissiblebrit - 22 Jul 2010 at 11:30am
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DOTlk View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote DOTlk Quote  Post ReplyReply Direct Link To This Post Posted: 21 Sep 2010 at 3:23am
Found a lawer who is able to assist me , he is willing stall my deportation Order , reapply for another PRRA bail me out with a $30,000 CASH & Even better he promisses to get me Work permit and SIN ,giving a shot, i will let you all know what is the out come is
 
"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.

Clap


Edited by sputnikx - 12 Jan 2010 at"


Edited by DOTlk - 21 Sep 2010 at 3:47am
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