Contact local MP as an undocumented immigrant

[Kongfupandu]

Hi All,

*personal issue deleted for privacy*

my wife’s family class PR application was withdrawn and the reason is unacceptable so we have reached out to IRCC for reconsideration. But IRCC is not responding after couple times of following up.

Our lawyer asked us to contact the local MP. But I’m concerned because most people contact MP either when they still have a visa or application is in progress, but my wife is out of status. I’m worried if we contact MP it will end with a removal letter or cause us some big troubles.

Any advice on if we should contact MP or anything else we can do to make IRCC respond to us? We deeply appreciate your help.

 

[armoured]

Our lawyer asked us to contact the local MP. But I’m concerned because most people contact MP either when they still have a visa or application is in progress. I’m worried if we contact MP it will end with a removal letter or cause us some big troubles.

Should be no problem - after all, it is you, the sponsor, a Canadian resident, asking for assistance from your representative.

That's not a guarantee but I can't see anything the MP does - esp asking about her situation on her behalf as your sposue - making things worse.

 

[scylla]

I don't think that involving your MP will result in a removal order. But wait for others to comment.

I'm wondering if she may already have a removal order from earlier or maybe has been asked to meet with CBSA and has failed to appear. Has she moved since the study permit refusal and falling out of status?

 

[Kongfupandu]

I don't think that involving your MP will result in a removal order. But wait for others to comment.

I'm wondering if she may already have a removal order from earlier or maybe has been asked to meet with CBSA and has failed to appear. Has she moved since the study permit refusal and falling out of status?

Thanks for your reply. She has been staying in Canada since her study visa was refused. IRCC never issued her a removal order - our lawyer has requested her immigration record and we don’t see a removal order has been issued. She did receive a voluntary departure form after the PR application but that’s it. So I’m worried if any additional step except for web form would trigger that…

 

[scylla]

Thanks for your reply. She has been staying in Canada since her study visa was refused. IRCC never issued her a removal order - our lawyer has requested her immigration record and we don’t see a removal order has been issued. She did receive a voluntary departure form after the PR application but that’s it. So I’m worried if any additional step except for web form would trigger that…

Do you mean that she signed a departure order?

 

[Kongfupandu]

Do you mean that she signed a departure order?

No she never was never issued a departure order or signed anything. The voluntary departure form is just an IRCC standard form, not even issued by CBSA

 

[Ponga]

To add to the excellent posts before me...

See post #14 in this thread:
https://www.canadavisa.com/canada-i...nada-under-paragraph-41-a-of-the-irpa.833292/

 

[Kongfupandu]

To add to the excellent posts before me...

See post #14 in this thread:
https://www.canadavisa.com/canada-i...nada-under-paragraph-41-a-of-the-irpa.833292/

Thank you. That’s similar to what our lawyer told us. The IRCC form we received after PR application withdrawn is NOT enforceable and it does not have a date. It’s not good, but it’s not the worst.
That’s why we’re really trying to get a response from IRCC to understand why the application was withdrawn due to a reason came out of no where, so we can reopen the application and she can at least having an application going on.
That’s why our lawyer asked us to contact the MP… if IRCC just decide to ignore us there is nothing we can do. Even MP may not be helpful… but our idea has always been we’d rather wait than do something to make the government thinks about her in an unwanted way…

 

[scylla]

Thank you. That’s similar to what our lawyer told us. The IRCC form we received after PR application withdrawn is NOT enforceable and it does not have a date. It’s not good, but it’s not the worst.
That’s why we’re really trying to get a response from IRCC to understand why the application was withdrawn due to a reason came out of no where, so we can reopen the application and she can be back to, even no visa, but on implied status so we don’t have to worry about CBSA.
That’s why our lawyer asked us to contact the MP… if IRCC just decide to ignore us there is nothing we can do. Even MP may not be helpful… but our idea has always been we’d rather wait than do something to make the government thinks about her in an unwanted way…

FYI - the application doesn't give her implied status. She will still be out of status even if you manage to reopen the application. If you manage to reopen the application, then she gets AIP a number of months later, then she applies for and receives an open work permit - she will have status in Canada again. Until all of that happens, she will remain out of status.

 

[Kongfupandu]

FYI - the application doesn't give her implied status. She will still be out of status even if you manage to reopen the application. If you manage to reopen the application, then she gets AIP a number of months later, then she applies for and receives an open work permit - she will have status in Canada again. Until all of that happens, she will remain out of status.

Yes, the risk will always exist. Just comparably having an application in place is better than not having one, and we can still expect her PR to come. For now we’re just waiting for nothing…

 

[forevermore76]

The applicant has no status in Canada and first step should be to leave Canada. Each day is an overstay. Even if IRCC reconsidered, I don't see how status is maintained.

Further, MP can't do anything. The solution is to find a good immigration lawyer, yours is not giving the best of advice.

 

[armoured]

The applicant has no status in Canada and first step should be to leave Canada. Each day is an overstay. Even if IRCC reconsidered, I don't see how status is maintained.

Further, MP can't do anything. The solution is to find a good immigration lawyer, yours is not giving the best of advice.

Bad advice overall - in fact, can't find anything you wrote here that's correct. The whole point of asking the MP is not to 'do something', but to help get information.

 

[forevermore76]

Bad advice overall - in fact, can't find anything you wrote here that's correct. The whole point of asking the MP is not to 'do something', but to help get information.

Maybe because I'm tired of showing people how to overstay by exploiting the system.

 

[armoured]

Maybe because I'm tired of showing people how to overstay by exploiting the system.

That's fine. But if you're saying that you're giving bad advice intentionally, that's just wrong. Don't want to help, just keep silent.

 

[canuck78]

Hi All,

*personal issue deleted for privacy*

my wife’s family class PR application was withdrawn and the reason is unacceptable so we have reached out to IRCC for reconsideration. But IRCC is not responding after couple times of following up.

Our lawyer asked us to contact the local MP. But I’m concerned because most people contact MP either when they still have a visa or application is in progress, but my wife is out of status. I’m worried if we contact MP it will end with a removal letter or cause us some big troubles.

Any advice on if we should contact MP or anything else we can do to make IRCC respond to us? We deeply appreciate your help.

Tough to comment with no details about this the reason given for the withdrawal.