Exclusion order

[Bigdawg]

Hello,
I have applied for a common law spousal sponsorship in family class after being given an exclusion order.
I was waiting on the LMIA approval but it has yet to be approved, after I already worked 2 years in Quebec.

CBSA has scheduled an interview to update my file next week.

Should I be worried about the exclusion order ?

 

[Ponga]

Hello,
I have applied for a common law spousal sponsorship in family class after being given an exclusion order.
I was waiting on the LMIA approval but it has yet to be approved, after I already worked 2 years in Quebec.

CBSS has scheduled an interview to update my file next week.

Should I be worried about the exclusion order ?

You should be prepared for bad news, but obviously hope for less than bad news. You may consider withdrawing the sponsorship application if you submitted an Inland application.
An Outland application would be processed while you are outside Canada, whereas an Inland application requires you to remain in Canada, which may be an issue for you.


Have a read through these:
https://www.canadavisa.com/canada-i.../spousal-sponsorship-exclusion-letter.836901/

https://www.canadavisa.com/canada-i...exclusion-order-vs-sponsorship-spouse.238398/

Good luck!

 

[scylla]

Hello,
I have applied for a common law spousal sponsorship in family class after being given an exclusion order.
I was waiting on the LMIA approval but it has yet to be approved, after I already worked 2 years in Quebec.

CBSS has scheduled an interview to update my file next week.

Should I be worried about the exclusion order ?

How long ago did you submit the common law application? Do you have AOR yet? Short answer is that submitting the CL sponsorship application doesn't automatically halt the exclusion order. You may have to withdraw the inland application and apply again Outland. Do not skip the interview with CBSA.

 

[Bigdawg]

How long ago did you submit the common law application? Do you have AOR yet? Short answer is that submitting the CL sponsorship application doesn't automatically halt the exclusion order. You may have to withdraw the inland application and apply again Outland. Do not skip the interview with CBSA.

Application submitted April 10th
I have received an AOR April May 7th
will this help with my situation ?

 

[scylla]

I have received an AOR.
will this help with my situation ?

AOR won't stop removal if CBSA decides to go in that direction. AIP generally stops removal but that typically comes near the very end of the process.

Did you work for 2 years under a valid work permit or were you working without authorization while waiting for an LMIA?

 

[Bigdawg]

You should be prepared for bad news, but obviously hope for less than bad news. You may consider withdrawing the sponsorship application if you submitted an Inland application.
An Outland application would be processed while you are outside Canada, whereas an Inland application requires you to remain in Canada, which may be an issue for you.


Have a read through these:
https://www.canadavisa.com/canada-i.../spousal-sponsorship-exclusion-letter.836901/

https://www.canadavisa.com/canada-i...exclusion-order-vs-sponsorship-spouse.238398/

Good luck!

Thank you for your advice.

but as it’s already in, I’ll leave it submitted.
Would a PRRA help extend the time frame for final approval on my CL application ?

 

[Bigdawg]

AOR won't stop removal if CBSA decides to go in that direction. AIP generally stops removal but that typically comes near the very end of the process.

Did you work for 2 years under a valid work permit or were you working without authorization while waiting for an LMIA?

2 years under valid TWP conditions

and briefly without authorization while waiting on LMIA approval.

i was falsely advised that the 90 day period after my TWP expired was automatic grounds for implied status by a legal team.

 

[scylla]

Thank you for your advice.

but as it’s already in, I’ll leave it submitted.
Would a PRRA help extend the time frame for final approval on my CL application ?

You can only apply for PRRA if it is offered to you by CBSA. Based on the information you've provided so far, I can't tell you whether it will be offered or your chances of success if it is.

 

[Bigdawg]

You can only apply for PRRA if it is offered to you by CBSA. Based on the information you've provided so far, I can't tell you whether it will be offered or your chances of success if it is.

Ok. So if PRRA is not offered would I be able to make an attempt at H&C ?
Or any other option to delay the exclusion order?

 

[scylla]

Ok. So if PRRA is not offered would I be able to make an attempt at H&C ?
Or any other option to delay the exclusion order?

H&C is a separate application process that takes around 2 years. This will not help you.

Ultimately it will be up to CBSA. You may want to hire a reputable lawyer to assist you.

 

[Bigdawg]

H&C is a separate application process that takes around 2 years. This will not help you.

Ultimately it will be up to CBSA. You may want to hire a reputable lawyer to assist you.

I have received my removal details and I have a flight booked.
I was advised that I can submit a request that will be viewed by a senior officer.
The request will have to be submitted soon and include my reasons for wanting to stay.

Has anyone had experience with such a request ?

What are the chances that I’m allowed to stay for 1 year to see the outcome of my application?

What will be the conditions of my request approval ?

 

[scylla]

I have received my removal details and I have a flight booked.
I was advised that I can submit a request that will be viewed by a senior officer.
The request will have to be submitted soon and include my reasons for wanting to stay.

Has anyone had experience with such a request ?

What are the chances that I’m allowed to stay for 1 year to see the outcome of my application?

What will be the conditions of my request approval ?

What is the name of the request you are going to submit?

 

[Bigdawg]

What is the name of the request you are going to submit?

It’s a request to stay in Canada until I get a response on my inland application.
I can request 1 year or 10 months, however long I think is necessary.
I was not given a name for the request, but to submit it to an email.

 

[scylla]

It’s a request to stay in Canada until I get a response on my inland application.
I can request 1 year or 10 months, however long I think is necessary.
I was not given a name for the request, but to submit it to an email.

It's hard to comment further without knowing the name of the request / process. Good luck.

 

[Bornlucky]

It’s a request to stay in Canada until I get a response on my inland application.
I can request 1 year or 10 months, however long I think is necessary.
I was not given a name for the request, but to submit it to an email.

This appears to be a "request for deferral of removal."

This is where you can put any of your reasons for deferring your removal from Canada. CBSA officers have limited discretion to put off a removal for just cause.

Your reasoning on here seems to amount to you wanting to remain in Canada with zero status, an enforceable removal order and the legal authority to do nothing while here.

Where are you from, or is that a big super secret?