girlfriend was denied as refugee claiment, now want to sponsor

[joeban123]

my girlfriend immigrated to Canada in June 2010, she had her immigration hearing about 3 weeks ago and 2 weeks later she was denied. my girlfriend has been living with me for over a year now, and now that she was lost her immigration case, what would be the best thing to do so that we could stay together? my parents said the best thing would be to get quickly married, apply for spousal sponsorship, and appeal the case so that she could stay in canada until she becomes a permanent resident through the sponsorship. I am also a permanent resident, have a full time job, but am only 18, and my girlfriend is 19. We live with my parents right now in Hamilton Ontario. please help any tips would be appreciated and also what would be the cost for this?

 

[needmyhushand]

GETTING MARRIED WOULD BE THE BEST THING BUT BEFORE YOU GET MARRIED PLEASE MAKE SURE YOU ARE READY FOR THIS AND ITS NOT JUST FOR PAPERS , YES YOU GUYS ARE AT THE AGE TO GET MARRIED THE FEE FOR THE IMMIGRATION IS 1040 YOU DONT HAVE TO PAY IT ALL AT ONCES BUT IF YOU HAVE ALL THE MONEY GO HEAD IF YOU GOING TO USE A LAWYER IT IS GOING TO BE MORE BUT IN HER CASE I THINK YOU ARE GOING TO NEED A LAWYER , YOU CAN PAY 550 TO START THE PROCESS AND AT A LATER DATE PAY THE 490 THIS MY BEST ANSWER FOR YOU

 

[Kedeisha]

if the OP does get married their file needs to clearly state that it is not for his girlfriend to gain status in Canada because the IO will be looking at that angle especially with a failed refugee status it is not impossible its just they need a really solid file showing that they are genuinely in love so letters from parents are highly recommended they need to state they know her and she is a lovely girl and it would be sad if she leaves and this is the happiest they have seen their son basically use the parents for letters as you really need to show its genuine

 

[pinklady]

They have been living together for over a year, they can apply as common law.
fees will be $1040 total.
Lots of proof of the relationship will be required.

 

[Kedeisha]

common-law is even more proof added to the burden that they are not applying under the family class immigration stream because she was denied refugee

amd i agree lots of proof is required

 

[yaz]

Hi guys I was reading this post , and I see that I have to pay my RPRF and i was confused because I was thinking this payment was the same that my husband paid already before send my sponsor application, actually Vo requested when they sent me my AOR, and I e mailed them the copy where we paid 550 dls but We didnt for this RPRF.
so could you guys send me information how make this payment , It is 490 right??
I am nervious maybe this is the reason that Vo have not send me my PPR.!!!
Plase help I was really confused about it!!!
Thanks!!1

 

[CharlieD10]

Marriage and spousal sponsorship in close proximity to a failed refugee claim are automatically assessed very closely for Section 4 (bad faith marriage) reasons. Add to this your tender ages, and this is going to be an uphill battle for you. So far as CIC is concerned, your girlfriend is looking for status in Canada, and having been denied one avenue, she is looking for another.

I suggest that if you decide to marry and sponsor her immediately, you prepare a very solid application with the assistance of a qualified immigration consultant or lawyer. You need to detail clearly the initiation and development of your relationship, your period of cohabitation, and the feelings of your family on this relationship. It must be very clear why your parents allowed you to live together with someone at the age of 17, whom they are now willing to support your effort to sponsor as your spouse.

Also, it would be good to say exactly when you knew about your prospective spouse's lack of status in Canada, and provide clear, convincing, cogent reasons why you delayed marriage and spousal sponsorship until after her refugee claim failed. It should be apparent that you had plans for a long-term relationship before the refugee claim failed, not appear that this decision came up afterwards because it failed.

 

[Marco2011]

my girlfriend immigrated to Canada in June 2010, she had her immigration hearing about 3 weeks ago and 2 weeks later she was denied. my girlfriend has been living with me for over a year now, and now that she was lost her immigration case, what would be the best thing to do so that we could stay together? my parents said the best thing would be to get quickly married, apply for spousal sponsorship, and appeal the case so that she could stay in canada until she becomes a permanent resident through the sponsorship. I am also a permanent resident, have a full time job, but am only 18, and my girlfriend is 19. We live with my parents right now in Hamilton Ontario. please help any tips would be appreciated and also what would be the cost for this?

Why didn't you appeal the refugee outcome to higher court???, that would take you 6 more months extention. In that time you gonna marrie her in canada, and go for the sponsor ship inland.

Why appeal??, becouse ones they dennied the refugee, its hard to prove your mariage for sponsor ship, and hard to get ever back in Canada for her!

 

[Serendipity]

I'm sorry I didn't see this before, but this is a situation which which I am extremely familiar. Of course, there is no question that you need a decent, well experienced LAWYER - not immigration consultant -to deal with it (I may know an extraordinary one whose prices are quite decent. If you want his info, please let me know).

According to your post, in mid Sep. your girlfriend received a letter from CIC where they let her know about a negative decision made by the IRB on her refugee case, which gives her VERY little time to request a JR (Judicial Review) - there is no effective appeal process YET for refugee claims. - However, considering that it has been almost a full month since your post, the opportunity of requesting a JR may be gone by now, which also means that a deportation process has already been initiated.

If a properly prepared spousal sponsorship application is received by CIC before the PRRA is initiated, she may have a chance. It is, in some cases, possible to obtain a "stay" on the removal order until the sponsorship case is decided, but it is not guaranteed. However, if the PRRA has already been initiated, her chances are slim to none because the deportation order becomes immediately enforceable.

It is also possible to file the spousal sponsorship alongside a H&C (Humanitarian and Compassion) application, based on the fact that a separation would be damaging for both partners. It may grant her a "stay" on the deportation, provided that deportation order is not enforceable yet, as explained above.

In conclusion, your parents may have been right with their advice. If you file a spousal sponsorship quickly before the PRRA, and you can get the JR which would buy you precious time, you guys may have a chance, but it all depends on how far into he process she is today, and how strong of a case you can make of your relationship. You guys may be still in time to file an inland application, but more details are needed to know that for sure.

In the scenario where the the inland spousal sponsorship is "a little too late" to be effective, there is always the opportunity to file an OUTLAND sponsorship. Here is the kicker: outland sponsorships are processed FASTER than inlands and, in case of need, the may be appealed, which is not possible with INLAND applications. In fact, even if there is still time to file an inland application, an outland app. may be a better, and less stressful, option for you.

If you have in fact a bona fide marriage or common-law union, whatever way you decide to go, and your relatives support the relationship, you should have enough elements and support around both of you to make a good case. One way to go is to get married here in Canada and to start the OUTLAND process right away, even before she leaves - and yes, it is possible to do that. For this to work out, she has to remain eligible to reenter the country. In other words, when and if she is ordered to leave, she has to do it within the time frame specified by CIC, otherwise the OUTLAND case will be way much more complicated. Be smart, make it easier, no more difficult.

Here is my advice: GET A LAWYER to review her case; time is of the essence here, so there is none to spare. Also, you do not have to consult a Toronto attorney that is going to ask you for $ 3 K for this. Find a good one in a smaller town; you are in Hamilton, so London ON attorneys are a great option , and there are a couple there that would be great for you. (Make a few calls to attorneys in both cities, ask for pricing and you will quickly see what I am referring to. Once again, I know of a fantastic one in London that may be of great help to you and your partner.)

Good luck (and please remember that luck is the result of careful preparation, consistency and a true commitment to your goals).



S

 

[DodgeCharger]

my girlfriend immigrated to Canada in June 2010, she had her immigration hearing about 3 weeks ago and 2 weeks later she was denied. my girlfriend has been living with me for over a year now, and now that she was lost her immigration case, what would be the best thing to do so that we could stay together? my parents said the best thing would be to get quickly married, apply for spousal sponsorship, and appeal the case so that she could stay in canada until she becomes a permanent resident through the sponsorship. I am also a permanent resident, have a full time job, but am only 18, and my girlfriend is 19. We live with my parents right now in Hamilton Ontario. please help any tips would be appreciated and also what would be the cost for this?

I have some experience with this category watching and hearing about different people, I must tel you one thing in very short and plain words.

Your gf has been staying in Canada as a refugee claimant and since that claim has been rejected by the IRB so that means technically she is without status and now they will give you some time I believe in days or weeks for her to voluntarily leave Canada.

Now technical analysis of this situation entails that since she has no status so she has few option,
First option is to appeal the decision that will buy her some time in the meanwhile you can file her application.

Second option is humanitarian and compassionate grounds! But that comes after all appeals have been rejected!

Third option is to leave canada voluntarily, which I would suggest since that would create a very positive impact on your application for sponsorship later on.

Now it's unto u how long you can continue this legal battle with IRB, since the day last appeal is rejected this becomes a deportation order automatically. And I would suggest don't wait for CIC to issue you a deportation call, leave Canada voluntarily.


Tis will show immigration Canada that you are not in Canada just to seek out a marriage of convenience!


Good luck, hope that info helps

 

[Rose Anjum]

I'm sorry I didn't see this before, but this is a situation which which I am extremely familiar. Of course, there is no question that you need a decent, well experienced LAWYER - not immigration consultant -to deal with it (I may know an extraordinary one whose prices are quite decent. If you want his info, please let me know).
S

Hi. Can you please lend me that lawyer's info you know? I have a similar case and I need a decent, affordable & well experienced one. Any advice would be helpful. PLEASE HELP.

 

[Naturgrl]

Hi. Can you please lend me that lawyer's info you know? I have a similar case and I need a decent, affordable & well experienced one. Any advice would be helpful. PLEASE HELP.

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