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Marrying failed refugee claimant

Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Immigration Topics
Forum Name: Family Class Sponsorship
Forum Description: A review of current sponsorship programs (permanent residence) promoting the reunion in Canada of close relatives from abroad.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=4925
Printed Date: 08 Mar 2021 at 2:46pm


Topic: Marrying failed refugee claimant
Posted By: Laan Yaa Mo
Subject: Marrying failed refugee claimant
Date Posted: 26 Nov 2010 at 10:20pm
My fiancee is a failed refugee claimant, and has up to 7 more months to remain in Canada.
 
Does anyone know if we can marry in Canada. She is without her passport and other papers, and only has a paper indicating that she is (was) a protected refugee claimant.
 
Secondly, if this is not permitted, can I sponsor her to come to Canada once she returns to her home country in Southeast Asia (not Burma)? Does the Canadian government hold the fact that she is a failed refugee claimant against her? In other words, is she considered to be a criminal who would have a criminal record, which would prevent her from living in Canada in the future.
 
I am trying to find out about this since learning, last week, that she did not attend the hearing about her case. I would think that she would be considered to be in 'hiding' but I do not know all of the technical information. Her immigration consultant has told her and a few others in her situation that he can appeal the decision made in August, and get them a work permit and medical coverage for around 9 months. The cost for his assistance would be $1,000.
 
None of these people, who are working in chicken and carrot packaging plants, should have applied as refugees since they live in a country that does not persecute its citizens. However, they do not know English and one of their community steered them to lawyers and immigration consultants for $100 a head.
 
Any information provided would be greatly appreciated.
 
Furthermore, I have been trying to get information from the Canadian government office, and their website, but to no avail.
 
Thanks. 
 
 


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Sohk dee der



Replies:
Posted By: mfeq
Date Posted: 30 Nov 2010 at 1:40pm
Last year, I married a failed refugee claimant. 
 
I will give you an outline of his refugee claim and our sponsorship to hopefully help you with your situation.
 
October 2005 - claimed for refugee status
February 2006 - hearing
Can't remember when - Received refusal decision
summer 2007 - received PRRA kit
July 2007 - submitted sponsorship application (common-law partner)
Few days later - submitted PRRA application
February 2009 - got married
mid- year 2009 - received negative decision on PRRA application and received notification that the removal order is being enforced.  My husband was given 4 weeks to leave Canada. 
Few days later - Received letter from CIC requesting for certain documents to provide evidence that our relationship is continuing so that they may make a decision as to whether they will grant us AIP (first stage approval)
Mid-June 2009 - faxed CIC to advise withdrawing inland sponsorship application and will commence outland sponsorship
Following day after faxing out to CIC - receive phone call from CIC advising us that that they will grant us AIP and would like to expedite before end of month which will result in staying the removal order
October 2010 - became permanent resident
 
Since I met my husband in 2006, I attended every year to apply for renewal of his work permit, SIN and health coverage.  The paperwork is very straight forward and CIC granted us renewal on grounds that the sponsorship was in process.  There is no need to blow $1,000 for a consultant to do any of these paperwork unless it is spare funds.
 
I wish to note as well that my husband has a record in the US as an illegal alien.  We had concerns, of course, regarding this matter however it does not disqualify anybody nor as a failed refugee claimant to move forward with a sponsorship application. 
 
My questions to you ----
 
I do not understand the timeline you had indicated that your fiancee only has 7 months to stay in Canada.  My understanding is that CIC only gives you a maximum of one month from the time they notify you of the re-enforcement of the removal order. 
 
You mention appeal, does this mean that your fiancee already received a refusal on a PRRA application?  We opted not to appeal his refused refugee claim.
 
 
 


Posted By: Laan Yaa Mo
Date Posted: 03 Dec 2010 at 10:10pm
Thanks for the information, it is much appreciated.
 
My fiancee does not understand English well, but I can communicate with her in her language. She is really confused about what happened to her. However, between her and the immigration consultant I have learnt the following:
 
She first applied as a refugee in 2007. That application was abandoned.
 
Along with about 100 other people from her country, she went to an immigration consultant to re-apply as a refugee. The man who took them to the consultant received $100 per head to bring them there.
 
In August 2010 this refugee application was rejected as illegitimate. The immigration consultant is saying that he will appeal this decision on the basis that Immigration Canada failed to give her a renewed work permit that will last about 9 months before her next hearing on the appeal of the original decision. Apparently, she requested a work permit on two occasions and these were denied. The lawyer wants $700-1,000 to do the appeal. He also said she is still in Canada legally and entitled to the work permit. Currently, she and a number of others are working in a carrot factory for $8.25/hour.
 
I spoke to a reputable immigration lawyer this week, and she thought situation, and demands, by the immigration consultant are ridiculous, and will meet with us on 24 December. The problem now is getting my fiancee's file from the immigration consultant to give to the immigration lawyer.
 
The information that you have provided about the possibility of doing all of this on our own is very appealing and I will check that route.
 
Thank you most kindly for your time.
 
 


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Sohk dee der


Posted By: mfeq
Date Posted: 06 Dec 2010 at 1:42pm

Our situation sounds far more straightforward than yours.  I am retracting my suggestion of doing it on your own.  At the time that my husband claimed for refugee, he was working with a social worker who told him he will eventually get his work permit which he did.  At that time, I was not involved with his case.  I only stepped in to help him after his hearing.  We did not appeal and simply went for sponsorship.  Good luck with your meeting with the lawyer on December 24th.  The only thing I could suggest is be very involved with the whole process.  I directly dealt with the lawyer. 



Posted By: pali
Date Posted: 07 Dec 2010 at 12:40pm
You can request "In canada file (foss included)" which is like a privacy request and will provide all details on your fiancee's immigration history in canada.


Posted By: Laan Yaa Mo
Date Posted: 07 Dec 2010 at 1:26pm
Pali, thanks so much for the helpful information. So, is it just a matter of me requesting the information from Citizenship and Immigration or does my fiancee have to do that?

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Sohk dee der


Posted By: pali
Date Posted: 11 Dec 2010 at 3:25pm
You fiancee has to do that. But first you should file sponsorship application to vegreville and only then request FOSS. This way chances of deportation are minimized as CBSA is less likely to deport someone who has an active sponsorship application in process. You should consult an immigration consultant and lawyer perhaps..



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