inland spousal,out of status, got first stageapproval, DM -CBSA proceeding

[John013]

Yes, sent it October 2017 but my problem is they return my application because of missing payment for open work permit, dependant and birth certificate of my dependant but im resending it back today. But i dont know if it can help cuz the proceeding is January 23.

If they returned it then it wont help you. If they were processing it right now and especially if you would have received Sponsor Approval it might make a big difference. I also sent in my application not long before the appointment with CBSA. It did not make a difference. They will likely not detain you unless they suspect you will go underground. Do expect them to serve you with a removal order. If youre lucky voluntary departure, if youre somewhat unlucky an exclusion order for a year.

 

[Karmic0113]

If they returned it then it wont help you. If they were processing it right now and especially if you would have received Sponsor Approval it might make a big difference. I also sent in my application not long before the appointment with CBSA. It did not make a difference. They will likely not detain you unless they suspect you will go underground. Do expect them to serve you with a removal order. If youre lucky voluntary departure, if youre somewhat unlucky an exclusion order for a year.

This is so hard for me and to my partner. Can I bring someone with me on the proceeding like relatives? Or should i ask for a help on legal aid?

 

[John013]

This is so hard for me and to my partner. Can I bring someone with me on the proceeding like relatives? Or should i ask for a help on legal aid?

I know, i have gone through this exact process myself, it has not been easy. The way it went for me is that my wife and i went there, they took us to a small room with two chairs and a desk, a glass window in between, on the other side was some cic/cbsa official, he asked a couple questions then told us he needed to give me a removal order because i had overstayed and was out of status, i told him i just applied for inland sponsorship but he said it didnt matter. I was given a exlusion order for a year and told to report to the CBSA office around the corner. There they took care of the arrangements for my departure. They gave me 2 months before i had to leave, told me to get a plane ticket and then let me go.
I dont think its possible to get legal aid for an immigration appointment like this but you can call them and see what they say. Also dont bring too much family, there is limited space in those little rooms. I dont know how long you have been out of status, but try to ask them for a voluntary departure order so you can come back any time after you have to leave Canada.

 

[Karmic0113]

I know, i have gone through this exact process myself, it has not been easy. The way it went for me is that my wife and i went there, they took us to a small room with two chairs and a desk, a glass window in between, on the other side was some cic/cbsa official, he asked a couple questions then told us he needed to give me a removal order because i had overstayed and was out of status, i told him i just applied for inland sponsorship but he said it didnt matter. I was given a exlusion order for a year and told to report to the CBSA office around the corner. There they took care of the arrangements for my departure. They gave me 2 months before i had to leave, told me to get a plane ticket and then let me go.
I dont think its possible to get legal aid for an immigration appointment like this but you can call them and see what they say. Also dont bring too much family, there is limited space in those little rooms. I dont know how long you have been out of status, but try to ask them for a voluntary departure order so you can come back any time after you have to leave Canada.

Oh my god i think there’s nothing i can do now. I hope they give me departure order i was out of status starting when they refused my study permit application submitted it Aug 2, 2016 then got refused around end of January 2017. Then February 10, 2017 they want me leave canada before that date its was like only 10 days given to me. So I decided to stay and try to gather all documents and apply under spousal sponsorship. So its almost a year out of status.

 

[John013]

Oh my god i think there’s nothing i can do now. I hope they give me departure order i was out of status starting when they refused my study permit application submitted it Aug 2, 2016 then got refused around end of January 2017. Then February 10, 2017 they want me leave canada before that date its was like only 10 days given to me. So I decided to stay and try to gather all documents and apply under spousal sponsorship. So its almost a year out of status.

Yeah that's quite a long time to be out of status. That they told you to leave and you didn't go also works against you. I don't want to scare you but you should prepare for the worst case scenario which is probably an exclusion order for a year. They will give you the option to make a refugee claim but i would advice against this, while it may give you some extra time, in the end it will be refused and it will hinder your efforts to get back into Canada in the future. Myself being from the Netherlands i knew that claiming to be a refugee would be futile so i decided to be honest and told them i would not be making a claim, they went easy on me after that and gave me the extra 2 months stay.

 

[Karmic0113]

Yeah that's quite a long time to be out of status. That they told you to leave and you didn't go also works against you. I don't want to scare you but you should prepare for the worst case scenario which is probably an exclusion order for a year. They will give you the option to make a refugee claim but i would advice against this, while it may give you some extra time, in the end it will be refused and it will hinder your efforts to get back into Canada in the future. Myself being from the Netherlands i knew that claiming to be a refugee would be futile so i decided to be honest and told them i would not be making a claim, they went easy on me after that and gave me the extra 2 months stay.

Thank you very much for your response i am so stress thinking of this situation. Yah it is pointless to claim for refugees and also you cannot apply for refugees if your are subject for removal. So maybe we need ARC to return in canada?

 

[John013]

Thank you very much for your response i am so stress thinking of this situation. Yah it is pointless to claim for refugees and also you cannot apply for refugees if your are subject for removal. So maybe we need ARC to return in canada?

If you get a voluntary departure order you dont need an ARC. You just have to leave the country and theoretically can come right back in. If you get an exclusion order you need a ARC to come back to Canada if you want to come back before your exclusion is over. With a deportation order you would always need a ARC, but its unlikely they will give you this removal order. I have to say if would probably be next to impossible to get the ARC if you have an exclusion order, best to just wait until its up. Be sure to confirm your departure with the CBSA office at the airport on the day of your flight, they will make you sign some forms, be sure that you get copies, if you dont get them it will be hard to come back into Canada. You can apply for outland sponsorship within your exclusion order time, depending how fast they process your application they might ask you to pay for an ARC, but hey if that happens before your exclusion order is up its worth it. Anyway just wait and see what will happen at your meeting, if you have any questions before or after i will be happy to help..

 

[Karmic0113]

If you get a voluntary departure order you dont need an ARC. You just have to leave the country and theoretically can come right back in. If you get an exclusion order you need a ARC to come back to Canada if you want to come back before your exclusion is over. With a deportation order you would always need a ARC, but its unlikely they will give you this removal order. I have to say if would probably be next to impossible to get the ARC if you have an exclusion order, best to just wait until its up. Be sure to confirm your departure with the CBSA office at the airport on the day of your flight, they will make you sign some forms, be sure that you get copies, if you dont get them it will be hard to come back into Canada. You can apply for outland sponsorship within your exclusion order time, depending how fast they process your application they might ask you to pay for an ARC, but hey if that happens before your exclusion order is up its worth it. Anyway just wait and see what will happen at your meeting, if you have any questions before or after i will be happy to help..

Thank you very much i will update you i what so ever happened to that meeting. Tnx a lot

 

[John013]

Thank you very much i will update you i what so ever happened to that meeting. Tnx a lot

Best of luck my friend.

 

[Karmic0113]

Best of luck my friend.

Hi john013, im wondering if i go on that proceeding are they gonna take my passport from me? Do i need to book a ticket right on that moment? And are they gonna talk to my commonlaw partner? Cuz both of us going there

 

[John013]

Hi john013, im wondering if i go on that proceeding are they gonna take my passport from me? Do i need to book a ticket right on that moment? And are they gonna talk to my commonlaw partner? Cuz both of us going there

Yes, i think they will take and hold your passport till you leave Canada. You dont need to book a ticket right at that moment, they will give you a reasonable time to make preparations, you can ask for a couple months if you like, but in the end its up to them. Its probably good to take your common law partner with you to the meeting, i dont think they will ask him/her many questions but these meeting can be quite stressful so its good to bring someone with you.

 

[Karmic0113]

Yes, i think they will take and hold your passport till you leave Canada. You dont need to book a ticket right at that moment, they will give you a reasonable time to make preparations, you can ask for a couple months if you like, but in the end its up to them. Its probably good to take your common law partner with you to the meeting, i dont think they will ask him/her many questions but these meeting can be quite stressful so its good to bring someone with you.

Im so stressed actually and some people they said that if i go there for interview maybe they gonna send me back home on that day. Is that for real? Im so scared. If you dont mind what is your situation before you received this letter? Cuz mine i a TWF before then my cobtract is done march 10,2016 then i apply for extension but got refused around may then after that I applied for restoration aug 2,2016 but got refused also January 24,2017 and they want me to leave the country and see bmit my itinerary on or before February 10. Then I decided to stay to apply for sponsorship then sent it around October 2017 and then after that I recieve this notice to appear for proceeding. Does my situation can be subject for deportation?

 

[jeet07]

Im so stressed actually and some people they said that if i go there for interview maybe they gonna send me back home on that day. Is that for real? Im so scared. If you dont mind what is your situation before you received this letter? Cuz mine i a TWF before then my cobtract is done march 10,2016 then i apply for extension but got refused around may then after that I applied for restoration aug 2,2016 but got refused also January 24,2017 and they want me to leave the country and see bmit my itinerary on or before February 10. Then I decided to stay to apply for sponsorship then sent it around October 2017 and then after that I recieve this notice to appear for proceeding. Does my situation can be subject for deportation?

Hi can you please let me know what happened at the interview with CBSA

 

[Karmic0113]

Hi can you please let me know what happened at the interview with CBSA

Hi, actually when they interview me there’s no CBSA officer only Immigration officer. She will make decisions base on my answers on that day so she will determine if you can still stay in canada or you have to leave,Case to case basis.

 

[jeet07]

Hi, actually when they interview me there’s no CBSA officer only Immigration officer. She will make decisions base on my answers on that day so she will determine if you can still stay in canada or you have to leave,Case to case basis.

So that mean they didn’t give u any result at the moment.
I am worried some people say they tell u to go home on the same day.