In-Canada spousal sponsorship of failed refugee

Canada Immigration Forum (discussion group)


 
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Subject: In-Canada spousal sponsorship of failed refugee
  On April 5th, the Canadian Border Services Agency decided to make my wife removal ready and she is expected to leave the country by May 5th. It has been a real nightmare. Even though we wedded on Dec. 17th, 2006 and I submitted my in-Canada spousal sponsorship application on Jan .18th, 2007, they maintain she still has to leave the country. I am expected to withdraw my in-Canada sponsorship application and make an overseas spousal sponsorship application. Why? My wife is a failed refugee claimant, and because we wedded and submitted the application during the PRRA stage of her claim (negative as of March 11th), she is not entilted to an administrative deferral of removal pending the outcome of her re-opening application (Jan. 18th) and my application to sponsor her as my wife. Had the marriage and sponsorship taken place prior to her accepting the PRRA, she would have been entitled to a deferral according to IP 8. The irony is that pubic policy IP 8 was designed to reunite spouses and keep spouses already in Canada united. Yet, this one arbitrary technicality, concocted by some civil servant, is having the opposite effect. The "drag-net" effect of this provision has a devastating effect on honest, Canadian-born individuals like myself. What is most frustrating is that the enforcement officer in Mississauga has retrieved my sponsorship application from the processsing centre in Alberta, and has it on hold. However much I may wish to legally stall for time,eventually my wife will have to go back to Mexico, because my application will not have moved thru the system. This is the game the enforcement officer is playing. She has even denied having my application in her possession. What is also frustrating is that an immigration lawyer we went to see in Toronto, who used to work for Immigration Canada, examined our case and told us back in January that "they can´t touch you because you are married and being sponsored in Canada." My question is: Is the enforcement officer correct or justified in her decision? Because I fell in love with a failed refugee claimant in the PRRA stage of her claim ,I an not allowed to sponsor her while she is here. The policy the enforcment officer is following is as arbitrary as falling in love with a one-eyed person and not being allowed to sponsor her while she is in Canada because she has one eye. She has not even examined the authenticity of our relationship and case. Being a Canadian-born citizen in Canada means absolute shit. I had always had this hunch and now it is being confirmed by the inconsiderate actions of Immigration officials who are not even born here. Thanx.
[24-04-2007,14:28]
[***.113.111.210]
M. Calogero
(in reply to: In-Canada spousal sponsorship of failed refugee)
IF YOU SUBMITTED YOUR APPLICATION AFTER THE INITIAL PRRA INTERVIEW YOUR OUT OF LUCK!

IF YOU SUBMITTED BEFORE SHE WAS CALLED TO HER PRE REMOVAL RISK ASSESSMENT CONTACT ANY AUTHORIZED REPRESENTATIVE AND HAVE THEM SHOW YOU OPERATION MEMO 018 then hand it to the removals officer.

Roy
www.cvimmigration.com

[24-04-2007,16:38]
[**.158.59.132]
Anonymous
in-land spousal sponsorship of failed refugee (in reply to: In-Canada spousal sponsorship of failed refugee)
Ciao Roy,
Thanx for the response. Just wondering, three qualities inform a law: letter, intent, and effect. Can IP8 be challenged on the grounds that it is too broad and therefore subverts the original intent of the in-Canada spousal sponsorship process as implemented by Volpe, ie. to reunite or keep couples in Canada united?
Seccondly, does the enforcement officer have the right/power to pull my sponsorship application and freeze it, essentially? Thanx in advance. Ciao.

[25-04-2007,13:30]
[***.113.111.210]
M. Calogero
How is you case going? (in reply to: In-Canada spousal sponsorship of failed refugee)
I would like to know more details about your case, My situation is similar to yours. Would you mind in giving me more details about your case?.

C. Nesbitt

[04-07-2007,00:15]
[**.100.147.69]
Casey Nesbitt
similar situation. (in reply to: In-Canada spousal sponsorship of failed refugee)
I married my husband before he received his PRRA but we were still in the process of submitting the sponsorship application, because we required documents of his from another country. At this point the Lawyer has only responded with his intent to file a humanitarian and compassionate grounds claim, but my husband has not gone for any meetings or anything. Will I run into a similar problem as describce above?
[27-03-2008,15:17]
[***.159.229.131]
Sarah
(in reply to: In-Canada spousal sponsorship of failed refugee)
It (SPOUSAL SPONSORSHIP) has to be received by Vegreville before the date on the initial PRRA letter or else you have to withdraw the In Land sponsorship and go abroad.

DO THAT WHILE YOUR GOING THROUGH THE PRRA WHICH WILL KILL THE FOUR MONTHS REQUIRED FROM MOST VISA POSTS.

Roy
www.cvimmigration.com

[27-03-2008,20:05]
[**.15.48.197]
Roy
Reply to Sarah (in reply to: In-Canada spousal sponsorship of failed refugee)
Ciao Sarah,
I have done a great deal of reading regarding immigration and refugee public policy. I have also spoken with many people, including lawyers. You must be careful - no, suspect - about what you are told and what is credible. That is why reading the policy for yourself is the best thing. Lawyers will usually mislead you in order to creat a problem for the purposes of extracting money from you.
Today, we have come to the point where there are too many lawyers, which means the percentage of dishonesty has increased dramatically. Greed fuels dishonesty.

From what I have read, if you married your spouse/husband before he was offered the PRRA, then you should have no problem sponsoring him with an in-land or in-Canada spousal application. This application would allow him to remain in Canada as the process took its course. When they do call him for the interview in which they offer him the PRRA (if he is eligible) and find that he is married, they will or should not cause him any problems. In other words, they will/should congratulate him and suggest to you that you get your spousal sponsorship application into the system if you have not done so already. I know of a case similar to yours, where the guy, a failed-refugee claimant married before being offered the PRRA. At Border Services in Mississauga, where he reported months after receiving his negative decision, they shook his hand after they found out about his new marital status.

So my conclusion is that your lawyer may be milking you. An honest lawyer - I have found only one in Hamilton - will have no qualms about dispensing with correct information over the net. Well...come to think of it, I do know of another honest lawyer who was up-front about our situation and about what would happen to us, which turned out to be the case. He did not, however, give us the reasoning or the details informing his advice. He talked about money for his services. Once they get you, they are like some doctors: they will administer pill after pill, hoping to fix the problem. While health care is free in Canada, legal work is not. You need to become proactive. You need to apply yourself. This involves your life. You can reach me at alessandro_cagliostro2003@yahoo.ca and I can mail to you photocopies of the public policy which I was able to extract from Border Services in my wife´s case. This public policy concerns your situation. Ciao. M. Calogero

[27-03-2008,22:05]
[***.113.111.210]
M.Calogero
(in reply to: In-Canada spousal sponsorship of failed refugee)
M. Calogero

I agree with some of your opinions but not all! Nothing stays the same but why not show this http://www.cic.gc.ca/english/resources/manuals/ip/ip05e.pdf and read chapter 5.18 on page 14.

Separation of spouses for immigration purposes must be expected. That never changed even with Joe Volpes "Good News for Spouses" policy.

Now what was allowed two years ago or two weeks ago is not what is allowed today.

Why believe you? Why beleive me? Who to believe! hmmmm

One thing I would like to thank you for is that you never called me a Lawyer. I hope you note I never asked Sarah for money like some Lawyers would. I agree with that comment of yours.

Lets assume Sarah is in the Greater Toronto Area so lets call Canada Border Service Agency at the following number ++905-405-3500 and ask this question.

"After my husband was called to the initial Pre Removal Risk Assessment interview where he was given forms to complete with a 15 day deadline. We then submitted a spousal sponsorship application to Vegreville. If the PRRA which we submitted prior to submitting the spousal sponsorship comes back negative will my husband be allowed to remain until such time as CIC looks at our marriage application?"

Sarah being in Canada can also call 1-888-242-2100 and wait and pry to get through.

I will give anyone odds that I am correct! BIG ODDS!

I will give current references from clients that I´m correct and not from clients who only had to show that they mailed the application before they actually attended the PRRA unit. Or clients three years ago.

Now the policy is from the date the letter was signed not even received by the applicant. You also have to prove that Vegreville CPC received your spousal application before the date of the letter so send them in super express post.

Roy
www.cvimmigration.com

[28-03-2008,10:17]
[**.52.216.41]
Roy
(in reply to: In-Canada spousal sponsorship of failed refugee)
He´s never gone in for an interview. He went in to change his address, because we are living together along with checking in as he is required to do every other week and they gave him the paper. There was no interview, and he didn´t know what it was as he doesn´t speak english. Right now I just spoke to the Lawyer, he has extended the time for which we have to submit documents for the humanitarian and compassionate grounds submission, as most of the documents are coming from over seas and have not arrived yet.
[28-03-2008,17:39]
[**.147.59.107]
Sarah
(in reply to: In-Canada spousal sponsorship of failed refugee)
Sarah if it is toooooooo good to be true what is it?

First your Husband is on a bond reporting every two weeks-----That is real often, hmmmmm what did he do?

Second he can not change his address without the Bondsperson being present if the Bond states he has to reside with his bondsperson.

Third my client just received a negative on our request for a deferral of her removal when she has only two weeks to wait to have CIC assess her spousal sponsorship and she has two Canadian children. I have that in writing.

If you don´t see the information in writing why would you believe what your Lawyer says. Something in this information is incorrect.

Bye

Roy
www.cvimmigration.com

[28-03-2008,18:03]
[**.158.53.207]
Roy
(in reply to: In-Canada spousal sponsorship of failed refugee)
He hasn´t done anything wrong.

Thank you for your input though. I do appreciate it.

[29-03-2008,02:21]
[**.147.59.107]
Sarah