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Married with Deportation Order

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=712
Printed Date: 22 Jan 2021 at 3:05pm


Topic: Married with Deportation Order
Posted By: DOTlk
Subject: Married with Deportation Order
Date 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?



Replies:
Posted By: dpenabill
Date 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


Posted By: gggomez
Date 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! 


Posted By: DOTlk
Date 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


Posted By: sputnikx
Date 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!


Posted By: curtis
Date 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.


Posted By: redeagle
Date 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.


Posted By: janimani
Date 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.


Posted By: DOTlk
Date 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?
 
 


Posted By: redeagle
Date 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.


Posted By: dpenabill
Date 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


Posted By: natnat
Date 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


Posted By: sputnikx
Date 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.


Posted By: janimani
Date 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.


Posted By: RobsLuv
Date 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 http://www.cic.gc.ca/english/information/applications/handc.asp - 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.  

-------------
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!


Posted By: sputnikx
Date 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.


Posted By: DOTlk
Date 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 ?


Posted By: janimani
Date 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. 


Posted By: admissiblebrit
Date 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.


Posted By: DOTlk
Date 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"


Posted By: sami55
Date Posted: 21 Sep 2010 at 8:05pm
if red eagle is right and if it works for you that will be great for you.

and within redeagle option there is also the chance of H& c grounds if it comes to it.

good luck


Posted By: audball
Date Posted: 21 Sep 2010 at 8:20pm
I would be careful what you give the lawyer in return for PROMISES. Make sure you get results before handing over too much $$$ as not every lawyer is exactly honest


Posted By: pali
Date Posted: 22 Sep 2010 at 4:34pm
I am in a similar situation. I applied inland in May 2009 and my file was transferred to local CIC office. I got interviewed last month and after the interview was detained by CBSA. They released me next day with some conditions. It's been over a month since the interview but I am yet to hear back from CIC regarding the outcome of the interview.
 
Janimani - can you advise who your lawyer was? it's hard to find a good reliable lawyer.


Posted By: pali
Date Posted: 22 Sep 2010 at 4:35pm
Janimani - Can you shed more light on your ARC battle? How does that whole process work and how long does that take.



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