Common law partner sent back to UK

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Subject: Common law partner sent back to UK
  Hi! I am writing this to see if there is anyone that has a simular situation as mine. My common law partner of 6 years was sent back to the UK under failure to leave when his visa expired. They have said that he could not come back to Canada for 1 year. They did however, give him 30 days after seeing the judge to say goodbye and make arrangements to go back to the UK.

Is there anyway possible to have this time period reduced? I talked to someone at the Border Patrol Agency and they said something about applying for ARC... would that be the best way for us to go, to get him back here faster than the one year so we may start the process of sponsorship?


[21-04-2009,17:57]
[**.67.253.209]
R_Williams
More Info (in reply to: Common law partner sent back to UK)
I wanted to add more information to the reason and removal of my partner from Canada. We met back in Oct 03 on the internet. In Feb 04 he came to Canada for a visit. He was permitted 6 months. After that we applied for another 6 month extension visitor visa which was also approved.
Before that visa expired, he and I both went back to the UK for 6 months.
After being in the UK for 6 months we then came back to Canada together with no problems.

We then after extending the visa two more times, applied for the sponsorship... sent away all the proper documents and required fees. He was then denied to stay.
We appealled it with failure to hear back from them for a period of time.

Now...about a month and a half ago the Border Patrol Officer came and removed him from our residence. He was then put in a holding cell for 5 days. He then seen a judge and they gave him 30 days in which to leave Canada. He has now gone back to the UK before the date he was to leave.

We were told that this does not put a criminal record against him returning to Canada but has to not try to re-enter Canada for a period of one year... is there anyway possible to get this year reduced? Considering all the facts that we have including children involved, co-operation, six year relationship...etc.

But I wanted to know if there is anyone that knows or has a simular situation to ours. If you can help it would be much appreciated.

Thank you!

[21-04-2009,18:32]
[**.67.253.209]
R_Williams
(in reply to: Common law partner sent back to UK)
He got excluded for overstaying but what confuses me you claim he went in front of a Judge/IRB Member! He had to of had a detention review but the CIC/CBSA officer is the one that ordered him excluded.

You got that part wrong.

If you were living together why did you not sponsor him before?

Roy
www.cvimmigration.com

[21-04-2009,22:34]
[**.15.49.206]
Roy
(in reply to: Common law partner sent back to UK)
Hello thank you for replying.

Ok after all the extensions we had applied for the 3rd one after returning to Canada from the UK. It was refused. They had requested alot of information from us such as joint bank acct, joint credit card, rental receipts...etc. We provided all that only to have them deny the application again. So that was when we appealled the decision. With failure to hear back from their side.

The reason that I did not sponsor him was because we were in the process of finding out all the proper ways to go about this because there are so many different application forms for immigration and we were not sure which our situation would fall under. As he and I have been common law for the past 6 years.... I am still legally married by law in Canada, although I have been separated from my ex-husband for 8 1/2 years. Because my first husband and I have children who only by verbal agreement 2 are with him and 2 with me. That is in the process now to get that finalized so I may be divorced and one day marry my common law partner of 6 years.

I dont understand how I got that part wrong. He was taken from our residence by a CBSA officer. Held in a holding cell for 5 days, as he was taken on a Thursday and had to wait til Monday to see the judge. Where he was then given 30 days to come back home and say goodbye as there were children involved and they also considered how long we have been together. That was what the 30 days was based on.

Again thank you for responding.

[22-04-2009,00:28]
[**.67.253.209]
R_Williams
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