refused spousal application and got an exclusion order

[Zarlechte]

I am a Dutch citizen and married to a Canadian citizen we applied the spousal application on 2007 and found out in 2016 from CBSA office that our spousal application was refused on 2015 I came to Canada in 2011 and stay here till 2014 as a visitor because my application took long time with no answer from immigration and every year i extend my visitor record but in 2014 they didn't extended so we my wife and daughter went to the Netherlands for two months and when we came back to Canada at the airport the CBSA officer stooped us and seized my passport saying that I am inadmissible and you have to hire a lawyer so I did and I got a date for hearing at the IAD and the decision was that there was not enough evidence for inadmissibility but to remain in Canada the IAD send me back to CBSA for further examination so when I went there they give me an exclusion order because my passport which was seized by them is now expired ( I didn't had it to extend it) and also they told me that my spousal application was refused based on my inadmissibility so we went back to our lawyer and she put two application for judicial review and leave but unfortunately the federal court has dismissed my case and now I am looking for any any other options to stay here because if I go back I don't see any other option to reunite with my family as we tried first to settle down in the Netherlands but it was not possible too so pleas pleas advise me if there is any other solution to this .
Thanks in advance[/b]

 

[CDNPR2014]

is the exclusion order still active? how long of an exclusion did you receive?

A exclusion order alone does not mean a spousal sponsorship application will be rejected. there are many people who apply for spousal pr with exclusion orders on their record (myself included). there must be more to the story about the rejection, so you will want to request your GCMS notes to see what specifically is behind the rejection. I would hope your lawyer already did this when they helped you with your IAD. you can use the information you find in your file notes to apply again and provide explanations that alleviate the concerns from the initial application.

 

[Rob_TO]

I am a Dutch citizen and married to a Canadian citizen we applied the spousal application on 2007 and found out in 2016 from CBSA office that our spousal application was refused on 2015

Why on earth would your PR spousal application take 8 years to process and then be refused?? Were there some massive red flags or criminality issues involved? There seems to be a huge part of the story you're leaving out.

 

[browning911]

I am a Dutch citizen and married to a Canadian citizen we applied the spousal application on 2007.

Found out in 2016 from CBSA office that our spousal application was refused on 2015.

I came to Canada in 2011 and stay here till 2014 as a visitor because my application took long time with no answer from immigration and every year i extend my visitor record,

In 2014 they didn't extended so we my wife and daughter went to the Netherlands for two months and when we came back to Canada at the airport the CBSA officer stooped us and seized my passport saying that I am inadmissible and you have to hire a lawyer so I did and I got a date for hearing at the IAD and the decision was that there was not enough evidence for inadmissibility but to remain in Canada the IAD send me back to CBSA for further examination.

When I went there they give me an exclusion order because my passport which was seized by them is now expired (I didn't had it to extend it) and also they told me that my spousal application was refused based on my inadmissibility so we went back to our lawyer and she put two application for judicial review and leave but unfortunately the federal court has dismissed my case and now I am looking for any any other options to stay here because if I go back I don't see any other option to reunite with my family as we tried first to settle down in the Netherlands but it was not possible too so pleas pleas advise me if there is any other solution to this.

Thanks in advance.

I am assuming that you applied outland?

I think you should submit an inland spousal application. Make sure that you have enough proof to support the application.

First you will need to apply for a new passport. Go in person to your Consulate/Mission/Embassy and explain to them that CBSA has your expired passport and you need to renew to submit a spousal application. Your Consulate can request that CBSA had over the passport to them since the passport is the property of that country. CBSA may request that when the passport is renewed that the new passport be handed over to them and that is okay. You just need to get a copy of the new passport to submit to IRCC with the spousal sponsorship application. Don't forget to answer all the questions on the application accurately, including your immigration history.

IRCC will hopefully push the application through to AIP if you have all the necessary requirements--police certificate from every country you resided for over 6 months, birth certificate, marriage certificate, proof of relationship, proof of cohabitation, etc.

I guess Netherlands is a visa exempt country.

Good luck.

 

[Zarlechte]

thank you all for the tips I think it would be helpful.
So my exclusion order is still alive and they said that they will call me for fixing the date of deporting .
Because I was in military back in Afghanistan that is why they were saying that it takes long time to do the background checkup even I provided them police certificate of Afghanistan they didn't accept it I guess and the rejection of my application was based on my inadmissibility and some difference in my statements . To apply for inland application do I have to provide all of my photos ,videos ,posts ans all telephone conversations again because i might don't have all of them now ( as they should have it in there record when I applied first) and what happens if I removed from Canada and have no more chance to come back.
the question is that there is nothing changed in the application will they accept my inland application ?

 

[CDNPR2014]

thank you all for the tips I think it would be helpful.
So my exclusion order is still alive and they said that they will call me for fixing the date of deporting .
Because I was in military back in Afghanistan that is why they were saying that it takes long time to do the background checkup even I provided them police certificate of Afghanistan they didn't accept it I guess and the rejection of my application was based on my inadmissibility and some difference in my statements . To apply for inland application do I have to provide all of my photos ,videos ,posts ans all telephone conversations again because i might don't have all of them now ( as they should have it in there record when I applied first) and what happens if I removed from Canada and have no more chance to come back.
the question is that there is nothing changed in the application will they accept my inland application ?

thank you all for the tips I think it would be helpful.
So my exclusion order is still alive and they said that they will call me for fixing the date of deporting .
Because I was in military back in Afghanistan that is why they were saying it takes long time to do the background checkup even I provide them police certificate of Afghanistan they didn't accept it I guess and the rejection of my application was based on my inadmissibility and some difference in my statements . To apply for inland application do I have to provide all of my photos ,videos ,posts ans all telephone conversations again because i might don't have all of them now ( as they should have it in there record when I applied first) and what happens if I removed from Canada and have no more chance to come back

the application has changed this year, so the relationship proof requirements are different. you will want to look at the new application guide and checklist so you know what's expected. the application only allows for a limited amount of pictures and communication logs.

when you are removed from canada or leave on your own, you can not attempt to re-enter until your exclusion order ends. once the order is lifted, you can attempt to enter again, though it will be essential to provide proof of your intent to follow the rules and significant ties to your home country.

like i said, an exclusion order or having "inadmissability issues" alone doesn't not automatically reject an application. i received an exclusion order and had no problem being approved for PR. there are many inland applicants who have active deporation orders and are successfully approved for pr. as you noted, there were other concerns with your application, and it's the combination of those issues that prompted the refusal. your new application should focus more on the other issues presented in their rejection so you can show them how you've overcome those concerns.

 

[Ponga]

there are many inland applicants who have active deporation orders and are successfully approved for pr.

This is surprising, considering that once a person is `Removal Ready', in the eyes of CBSA, they are not suppose to benefit from the Public Policy from 2005 for Inland applicants. This was clearly outlined in the previous version of the Inland Processing Manual, IP-8, but I have no idea if it's still there now.

Anyway, maybe those that you are referencing were just lucky?

 

[Zarlechte]

Hi every one here I am again . I had an appointment with the Lawyer and after reviewing my file she said the only good option for me is to apply for temporary residence , How it sounds to you ? and also she was surprised that cic found me inadmissible and IAD not .is it not the same organization both?

 

[profiler]

Hi every one here I am again . I had an appointment with the Lawyer and after reviewing my file she said the only good option for me is to apply for temporary residence , How it sounds to you ? and also she was surprised that cic found me inadmissible and IAD not .is it not the same organization both?

Temporary Residency??? Did she say which visa type? (Visitor, Study, Work?)

 

[DawEach]

the application has changed this year, so the relationship proof requirements are different. you will want to look at the new application guide and checklist so you know what's expected. the application only allows for a limited amount of pictures and communication logs.

when you are removed from canada or leave on your own, you can not attempt to re-enter until your exclusion order ends. once the order is lifted, you can attempt to enter again, though it will be essential to provide proof of your intent to follow the rules and significant ties to your home country.

like i said, an exclusion order or having "inadmissability issues" alone doesn't not automatically reject an application. i received an exclusion order and had no problem being approved for PR. there are many inland applicants who have active deporation orders and are successfully approved for pr. as you noted, there were other concerns with your application, and it's the combination of those issues that prompted the refusal. your new application should focus more on the other issues presented in their rejection so you can show them how you've overcome those concerns.

I've read your posts, thanks a lot for the information. Does filing outland sponsorship with 9 months left on exclusion order to be lifted make me eligible to file for sponsorship?

 

[BABESANDI]

I've read your posts, thanks a lot for the information. Does filing outland sponsorship with 9 months left on exclusion order to be lifted make me eligible to file for sponsorship?

My husband was just given an exclusion order and is now back home, he still has months to go on the order but I will still put in his application. Since the application takes 12 months or so to process he should be fine, however if its process before 12 months we will need to apply for a ARC. Hopefully everything is ok with this idea.

 

[canuck78]

My husband was just given an exclusion order and is now back home, he still has months to go on the order but I will still put in his application. Since the application takes 12 months or so to process he should be fine, however if its process before 12 months we will need to apply for a ARC. Hopefully everything is ok with this idea.

You can't start the sponsorship process until his exclusion order has ended.

 

[BABESANDI]

You can't start the sponsorship process until his exclusion order has ended.

Really I thought that you could have, in have seen others do it, how would the ARC come into play then. I need to research further into this I guess

 

[Sarahannclarke5]

Really I thought that you could have, in have seen others do it, how would the ARC come into play then. I need to research further into this I guess

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/authorization-return-canada.html

this may help. You can apply for sponsorship before the 12 months is up. If its before you need the ARC. After 12 months from when the exclusion was issued, you dont need ARC.

 

[BABESANDI]

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/authorization-return-canada.html

this may help. You can apply for sponsorship before the 12 months is up. If its before you need the ARC. After 12 months from when the exclusion was issued, you dont need ARC.

Thank you so much, I was so sad when I was told earlier you cant. Its always good when someone come forth with facts. Thank you so much