Inland spousal sponsorship + deportation order

[aayleenn]

Hello Friends,

Living together commonlaw for over 1 yr. We will get married soon. We have everything to prove it is indeed a legit relationship.

The bad news is that he has had a deportation order for the last 4 years. No other criminal record besides that.

If I process an Inland application will the CBSA arrest him eventually? I don't understand this. I feel it is a new tactic so they can catch any undocumented people.

How do they deal with this? I understand this is new that you can apply regardless if he/she has legal status or not.

Could I get opinions on this please.

Thanks!

 

[scylla]

Having a deportation order is more complicated than just being in Canada without status. Do you mean to say that you had a deportation order issued against you 4 years ago which you have ignored?

 

[Ravcat]

Scylla, ya it seems he has been issued deportation order for 4 years and has ignored it.

I dont know how you could go about that, legally... Who cares if the relationship is legit if the people in question are basically criminals.

Also if he has worked at any time during those 4 years, it will look even worse. Even if it was "under the table" jobs...You would have to prove that you were the sole provider for everything to kinda prove he wasnt working...

Like popping open a can of worms...the more I think about the situation :-\

 

[Ponga]

Scylla, ya it seems he has been issued deportation order for 4 years and has ignored it.

I dont know how you could go about that, legally... Who cares if the relationship is legit if the people in question are basically criminals.

Whoa! I'm sure the OP is scared enough, without you having to call them criminals. Have a bit of empathy, would ya?!?!

Besides...having a deportation order doesn't necessarily mean that he is a criminal; it's an immigration `offense', until you know the whole story.

To the OP...your partner is now (and has been for the past 4 years apparently) probably deemed inadmissible, so even if his PR were to be approved, there's likely no way for him to actually land. There is no `tactic' to catch people that are out of status, as this has been around since February 2005.

Your only option is to find an experienced immigration lawyer and hope that s/he can find a way out of this mess.

Good luck!

 

[susana]

First..your partner is not a criminal because he overstayed and has a deportation order.
Second ...if you have all the documents to submit an inland application as common-law partner, do it immediatly! Do not waste any more time.

If your partner gets a call from CBSA to enforce his departure order and you have not submitted your application, he will be deported from Canada.

If your application has been submited , chances are he would be allowed to stay until a decision has been made on your application to sponsor him, time is running , submit as soon as possible.

 

[tink23]

First..your partner is not a criminal because he overstayed and has a deportation order.
Second ...if you have all the documents to submit an inland application as common-law partner, do it immediatly! Do not waste any more time.

If your partner gets a call from CBSA to enforce his departure order and you have not submitted your application, he will be deported from Canada.

If your application has been submited , chances are he would be allowed to stay until a decision has been made on your application to sponsor him, time is running , submit as soon as possible.

Because there is a deportation order, I would think that he should definitely apply Outland. CBSA can come and carry out the deportation order at any time, so with inland, if he gets deported, the pr will automatically be denied. With Outland the processing will still continue.

 

[susana]

Not necessarily , if the application is submited CBSA will ask CIC to expedite the process (60 days) . The deportation order will be stayed. If he applies outland, he needs to declare he does not have a legal status in Canada, he will be deported and his outland application will take longer as he will need an ARC before getting his PR appoved. In cases like this, inland is the best way to go.

 

[Ponga]

Not necessarily , if the application is submited CBSA will ask CIC to expedite the process (60 days) . The deportation order will be stayed. If he applies outland, he needs to declare he does not have a legal status in Canada, he will be deported and his outland application will take longer as he will need an ARC before getting his PR appoved. In cases like this, inland is the best way to go.

But the problem is...because of the 4 year old deportation order, the applicant is probably inadmissible now because of this.

The deportation order made him `Removal Ready' years ago. The only way that a person can be spared is if they are NOT Removal Ready when they submit their PR application.

 

[susana]

I agree Ponga, but we really don't know if there is a warrant for his removal, if he is in fact "removal ready" or he only has a departure order that became a deportation order and it has not been enforced.

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.

Those who have been served with a PRRA notice prior to filing a sponsorship application or spousal H&C will not benefit from a deferral of removal.

 

[Ponga]

Are you referring to the old CBSA Administrative Deferral of Removal policy, that apparently ended in November of 2011?

Now, it's anyone's guess how CBSA treats those in this situation.

Some believe that they do in fact still honour their old policy.

*shrug*

Hopefully, the OP will find resolution. This must be gut-wrenching!!

 

[Alurra71]

Unfortunately, the sad truth is, the OP's 'partner' should have dealt with this issue 4 years ago.

Why was he issued a deportation order? Was it a failed refugee application?

Has he been moving around trying to avoid CBSA?

Has he been working, if not, how has he been supporting himself?

How long have you been in this relationship with him?

Are you aware that any application you likely present at this time will be scrutinized to the maximum BECAUSE of the deportation order against your common law spouse?

These are questions that you are going to have to answer. Even if you file an INLAND application, while it is correct that your spouse doesn't need to have a status to do this, he would not be 'safe' against deportation. Susana speaks of PRRA, but I would think that if this deportation order is in effect, wouldn't they have done the PRRA at the departure order phase and THEN issued the deportation order?

Either way, the deportation order is likely going to have to be satisfied before the OP's spouse (common law or legally married) can land in Canada. I don't know if it would still require an ARC even though he technically didn't leave Canada or not, but you can bet that they aren't going to just 'ignore' the fact that he stayed well beyond his deportation order.

Another thing that Susana posted about was referencing CBSA requesting CIC to make a decision on the application so he won't be deported. The issue with this is that CIC won't 'rush' an application. If they haven't yet gotten to the application to look, they simply won't pull it out to give a decision to CBSA to stay a removal order. They will just state they haven't gotten to the application and let whatever happens, happen. If it were that easy to get CIC to 'rush' into an application, they would never get anything else done because folks would push until they could get the 'rushed' status.

There is another lady on this board who is in a similar situation, VioletBlue. She did not over stay a deportation order, but she did far outstay her 'visitor' visa. She is now at risk of removal, from CBSA. I am not sure what is going to happen to her, as she hasn't recently updated her situation, but to the OP, try to contact here via this forum to see if she has any ideas for you.

Best of luck to you, because no matter how you proceed you are going to need it.