|Subject: HELP.... Getting Deported
||I have come to canada on october 2004 and married to a canadian citizen. Now my first application for spousal immigration was denied as she was on social assistance. So after that she stopped taking social assistance and we reapplied for spousal immigration. In the mean time I applied for extension of my Temporary Resident Permit (TRP) which was later denied. But i thought as the minister announced on february 2005 that the out of status spouse can stay so i wouldn´t need the TRP. But CBSA took me to their office and offered me PRRA which i submitted and later was denied. Now my sponsorship application is still no result. And as the PRRA was denied, they are saying that i might have to leave in 60 days. What should i do? can anyone help me please.
| (in reply to: HELP.... Getting Deported)
Most foreigners who face removal from Canada are eligible to apply for a Pre-Removal Risk Assessment (PRRA). CBSA can only issue notice of such a right to apply once a person is ?removal-ready?. Those who have a pending inland sponsorship application at the time that they are served with a PRRA notice and who apply for the PRRA will get to remain in Canada until the PRRA is decided and a first-stage decision is made on the sponsorship application.
Those who have an outstanding sponsorship application but who are ineligible or fail to apply for a PRRA get a 60-day administrative deferral of removal. The 60-day period is counted from the day CBSA advises the applicant of his/her removal arrangements or from the day the PRRA is waived. CIC has ?agreed to expedite these cases and pull them out of the queue to render a [preliminary] decision.? If the decision is unfavourable, or if CIC fails to render a decision within the 60 days, removal will take place as planned.
I am trying to explaing to you what is happening.
However, I am not sure if you can apply under H&C grounds.
That´s Roy´s area and he might be able to help you on that one.
| (in reply to: HELP.... Getting Deported)
What you need to search for is Operational Memo 018 which details everything. The issue is you submitted after your initial PRRA interview so there is nothing that could stop you being removed.
Submit an overseas application and you will hav to show on your application form that you were removed. Make sure you keep your confirmation of removal form when sent home to apply for consent to return. Additional cost $400.00
|Please help me to better understand (in reply to: HELP.... Getting Deported)
**FIRST I WOULD LIKE TO SAY THAT I HOPE THAT MY QUESTIONS DON´T SOUND AS CONFUSED AS I FEEL**
WHAT IS MEMO 018? I CANNOT FIND IT ANYWHERE.
My husband and I were married in November of 2010 and we submitted our In-Canada Sponsorship application on January 10, 2011 (signed for as recieved through FED EX).
My husband had his refugee hearing on January 24, 2011 and was told at the end that he will not be granted refugee status.
We went to Border Services to speak with an agent about the fact that we submitted our In-Canada Sponsorship application and showed the reciept and package. (We had seen many forums and even spoken to certified consultants that has given us the idea that as long as we had our application in before the decision was made and /or before he began his prra application, we would be allowed to have his in-Canada application processed here without worry of removal). While we had just a few short minutes to talk to the CBSA officer (as the office was closed after we got out of court) he mentioned something about the fact that my husband was a failed claimant meant that Prra would be contacting us after 60 days and that once we began the Prra process, ?SOMEONE? would contact CIC and request that a decision be made as to whether or not I could sponsor him within the 60 days otherwise he would be removed. (THIS TO ME SOUNDS LIKE IN 60 DAYS PRAA WILL CONTACT US AND THEN FROM THERE THEY WILL HAVE ANOTHER 60 DAYS TO EITHER DO THEIR INVESTIGATION AND/OR GET CIC TO GIVE A DECISON = APPORXIMATELY 120 DAYS??) A local refugee center has mentioned that once we get a negative decision, we have something like 37 days before they will be able to enforce removal?? I don´t trust in cbsa and even cic is very indirect. FIRST OF ALL DOES PRRA CONTACT US OR DO WE CONTACT THEM?? It seems to me that CBSA give as vague an answer as possible and will not give you any extra information without a direct question.
I am confused about what was said in the in the above thread. Here you have said "Those who have a pending inland sponsorship application at the time that they are served with a PRRA notice and who apply for the PRRA will get to remain in Canada until the PRRA is decided *AND* first-stage decision is made on the sponsorship application". DO YOU MEAN *OR* WHERE THE AND IS? CBSA MADE IT SOUND LIKE IT WAS EITHER ONE OR THE OTHER (UNLESS HE WAS REFERRING SITUATION WHICH YOU NOTED AND I QUOTE BELOW)
THEN IN THE SECOND YOU SAY "Those who have an outstanding sponsorship application but who are ineligible or fail to apply for a PRRA get a 60-day administrative deferral of removal. The 60-day period is counted from the day CBSA advises the applicant of his/her removal arrangements or from the day the PRRA is waived. CIC has ?agreed to expedite these cases and pull them out of the queue to render a [preliminary] decision.? If the decision is unfavourable, or if CIC fails to render a decision within the 60 days, removal will take place as planned". **THIS SOUNDS LIKE CBSA WAS SAYING TO US. (ALTHOUGH I HAD SO MANY THINGS GOING ON IN MY MIND THAT IíM NOT SURE IF HE WAS ANSWERING MY QUESTION AS TO WHAT A DEFERRAL IS AND HOW IT WORKS OR IF HE WAS *SPECIFICALLY* TALKING ABOUT OUR SITUATION***
IíM PRETTY SURE THAT WE FALL INTO THE FIRST CATEGORY WHERE WE GET TO STAY TOGETHER UNTIL CIC MAKES A DECISION BECAUSE WE ARE DEFINITELY GOING TO APPLY FOR PRRA, AND IíM PRETTY SURE THAT HE IS *NOT* INELIGIBLE TO APPLY. IF WE APPLY FOR PRRA AND WE ARE ELIGABLE, THEN DOES THAT MEAN THAT THERE IS NO TIME LIMIT ON GETTING THE DECISON FROM CIC? WHAT IF WE APPLY FOR PRRA AND THEY GIVE US A NEGATIVE DECISION?
ALSO WHY IS THE APPLICANT IN QUOTE ONE ALLOWED TO STAY IN CANADA UNTIL FIRST STAGE APPROVAL IS GRANTED WHERE AS IN THE SECOND QUOTE THER PERSON HAS A TIME-LIMIT (UNLESS A POSITIVE DECISION IS MADE)?
Any information would be greatly appreciated!