Inadmissible Spouse

[Miledarome]

I added my spouse in my PR application while he was still waiting for his Refugee claim response, they refused his claim and his departure order turned to deportation and he left in August 2023. I applied for my PR in August 2022 as a single applicant the. We got married March 2023 and added him in April.We applied for ARC in March 2023.I never received any procedural fairness letter.I ordered my ATIP notes and My PR application is done, waiting for ARC to be completed. I had a BOWP but it’s expiring next month and I applied for an extension but am not sure if I will get one.Am just in a limbo don’t know what to do.I have full time job a a RN.I worked with a lawyer to apply the ARC but all they say is just to be patient.
1st question, can I visit my spouse, and if I do will I be allowed back in the country since am inadmissible? We have a son together and I just want him to meet him, he left when he was 4months.
2) I applied for PNP nomination and I got nominated,should I apply for a new PR and apply for closed Work permit as I wait for the ARC(just as a back up plan)?

 

[scylla]

I added my spouse in my PR application while he was still waiting for his Refugee claim response, they refused his claim and his departure order turned to deportation and he left in August 2023. I applied for my PR in August 2022 as a single applicant the. We got married March 2023 and added him in April.We applied for ARC in March 2023.I never received any procedural fairness letter.I ordered my ATIP notes and My PR application is done, waiting for ARC to be completed. I had a BOWP but it’s expiring next month and I applied for an extension but am not sure if I will get one.Am just in a limbo don’t know what to do.I have full time job a a RN.I worked with a lawyer to apply the ARC but all they say is just to be patient.
1st question, can I visit my spouse, and if I do will I be allowed back in the country since am inadmissible? We have a son together and I just want him to meet him, he left when he was 4months.
2) I applied for PNP nomination and I got nominated,should I apply for a new PR and apply for closed Work permit as I wait for the ARC(just as a back up plan)?

It's not clear how you have applied for PR. Are you a failed refugee claimant yourself?

 

[Miledarome]

It's not clear how you have applied for PR. Are you a failed refugee claimant yourself?

No I applied for PR under TR to PR back in 2021 as an essential health care worker

 

[scylla]

No I applied for PR under TR to PR back in 2021 as an essential health care worker

I'm a bit confused by your questions in that case. Your spouse is the one who is inadmissible, not you. So provided you have a valid TRV, you should have no issues re-entering Canada. I'm assuming you have valid status in Canada and weren't part of your husband's refused refugee application.

I'm not sure I understand your question related to the PNP application and applying for that as a back up plan. You will face the same issues with the PNP application and will still need to wait for the ARC to be processed since your spouse is inadmissible.

 

[Miledarome]

I do have a valid Work permit and I have always maintained my status

I want to apply for PNP because I cannot extend my BOWP anymore for the TR to PR and I can’t find an employer to get LMIA so by applying PNP , I have a work permit support letter and can apply work permit..this is the only way for me to stay in Canada and maintain my status.I don’t mind spending extra money applying for a new PR application because I don’t know when ARC will be completed and not sure of the outcome

 

[scylla]

I do have a valid Work permit and I have always maintained my status

I want to apply for PNP because I cannot extend my BOWP anymore for the TR to PR and I can’t find an employer to get LMIA so by applying PNP , I have a work permit support letter and can apply work permit..this is the only way for me to stay in Canada and maintain my status.I don’t mind spending extra money applying for a new PR application because I don’t know when ARC will be completed and not sure of the outcome

Ah - I understand now. In that case I guess that makes sense. Good luck.

 

[Miledarome]

Thank you @scylla
One more question, So it’s okay for me to apply for another PR even if I have one still processing right?

 

[scylla]

Thank you @scylla
One more question, So it’s okay for me to apply for another PR even if I have one still processing right?

Yes, that's fine.

 

[Miledarome]

Thank you