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Deportation with PR case pending since October

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=9887
Printed Date: 23 Apr 2024 at 2:08pm


Topic: Deportation with PR case pending since October
Posted By: Abeee
Subject: Deportation with PR case pending since October
Date Posted: 29 May 2012 at 6:05pm
Hi everyone, this is the second time my husband and I have applied for PR. We are now in a situation where he received a letter from CBSA of Mississauga. We must travel and meet with them. Our application was received in October, yet we have received this letter. Is there a way to stop the deportation process? 


Replies:
Posted By: dpenabill
Date Posted: 29 May 2012 at 7:39pm
You should see a lawyer. Expensive, yes. Perhaps unaffordable, I realize. But any attempt to guide a person through the process at this stage is really beyond the scope of what can be reliably offered in a forum like this.

That said: Yes, there are ways that might favouably change the course of events in this regard. But, it is complicated, and very heavily dependent on a lot of individual factors, too much so for anyone here to give you a "solution" per se.

If the PR application pending is an out-of-Canada application, voluntarily leaving is perhaps the best option and then you simply rely on the PR application to accomplaish the right to return to Canada.

If the application is an in-land application, I forget the particulars, but generally if the removal proceedings got past a certain stage (my memory is so bad . . . should know this off the top of my head) then the fact the PR app is pending does not give the applicant a stay . . . before that stage a stay is almost always virtually assured (depending, however, on the grounds for the removal proceedings . . . criminal inadmissibility for example will not be stayed ordinarily unless a TRP is obtained).

But, I suspect, from your post, this past that stage, so other avenues of relief would have to be pursued, and there are such avenues for which relief is at least possible (never guaranteed) . . . such as certain H&C applications . . . but again, at this stage you really need a lawyer's help with this.

Unfortunately, if it is an inland PR application and the applicant has to leave, the whole PR process will have to be started over. No way around that.

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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: Abeee
Date Posted: 29 May 2012 at 7:51pm
Hey dpenabill first I want to thank you for your post. 

I got the deportation letter from our first application, and I applied for a new application again almost 2 weeks after. After all that I had two interviews with two different CBSA officers and they both told me that if I had an application in process, which I do sense october 2011, that my removal order would be held until my new application is done. I have no criminal record not even a speeding ticket me and my wife have been married for almost 5yrs now. Do you think what the CBSA officers said to me about holding my removal is true. Can they actually remove me from Canada even if I have an application in process? Sorry yes this is an inland application.

Posted By: dukey
Date Posted: 01 Jun 2012 at 7:44pm
They can and possibly will. 

my husband and I had an application in process in Canada and I was asked to leave by CBSA. We had to start it over from oversea which is now still in process (over a year now) 

Unless you've got pass the first stage (sponsor part) which will give you work permit&study permit. you are not likely to be able to stay. That's what I've heard from other people that have been in the same situation anyway. 


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