boyfriend received deportation order - HELP

[poppinkrey]

Hi everyone,

So here's the breakdown:

My boyfriend and I have been seeing each other + together for almost 2 years and we wanted to get married soon. He lived here for most of his life.

However, here's the problem: he got a DUI (on bail) a few years back (stupid mistake as he was young); he applied for H&C and PRRA which were both denied so now he received a deportation order 2 weeks ago in which he is ordered to return to his home-country within 30 days.

What would be the best course of action for him and I to get him back to Canada the quickest? We are running out of time before the 30 days, and need to figure things out-- I love him and him not being able to come back would devastate both of us.

Thanks for any tips and advices.

 

[profiler]

Just an opinion here...

A person under deportation order is ineligible for a PR while under that order (according to the Family Class laws and procedure manuals). So he needs to head home before 30 days.

I would then apply to the high commission or embassy in his country of origin to return to Canada. That will probably require some steps to fix the DUI. Once granted he can return...

 

[scylla]

You'll need to sponsor him for PR once you are either married or common law (meaning you have lived together for a minimum of one full year). He'll need to go through the ARC process (additional fees and processing time) due to the deportation. You should assume he won't be able to return to Canada until the PR application is approved. So depending on where he's from, you may be separated for a while.

Definitely be prepared for longer processing times give his history. Bringing him back to Canada won't be fast.

 

[profiler]

Unfortunately I can't speak to that. Someone else may know more about pardon process.. I'd only be able to go by what I'd find on google. You may want to consult an immigration lawyer for advice here (sorry guys -- I don't like suggesting it!)

Best of luck!

 

[chhapa]

Hi everyone,

So here's the breakdown:

My boyfriend and I have been seeing each other + together for almost 2 years and we wanted to get married soon. He lived here for most of his life.

However, here's the problem: he got a DUI (on bail) a few years back (stupid mistake as he was young); he applied for H&C and PRRA which were both denied so now he received a deportation order 2 weeks ago in which he is ordered to return to his home-country within 30 days.

What would be the best course of action for him and I to get him back to Canada the quickest? We are running out of time before the 30 days, and need to figure things out-- I love him and him not being able to come back would devastate both of us.

Thanks for any tips and advices.

You can move to country of his origin and decide later abou ur future

 

[mikeymyke]

Let him be deported, do NOT allow him to overstay and remain here illegally, it will just make his immigration history worse and worse.

Then you should probably go back to his home country and live with him for a while, meet his family, etc, gather enough relationship proof for about a year, then apply outland with a stronger relationship background than what you have now.

Don't assume that you can apply inland for him, since you can technically have an out of status applicant apply inland, because a deportation order will override your inland app.

 

[canadianwoman]

What date was the DUI? What was the consequence? (For example, was he on parole?)

He should leave before the 30 days he was given are up.

 

[poppinkrey]

Let him be deported, do NOT allow him to overstay and remain here illegally, it will just make his immigration history worse and worse.

Then you should probably go back to his home country and live with him for a while, meet his family, etc, gather enough relationship proof for about a year, then apply outland with a stronger relationship background than what you have now.

Don't assume that you can apply inland for him, since you can technically have an out of status applicant apply inland, because a deportation order will override your inland app.

Thanks for the advice. Just another question-- instead of common-law, as you mentioned, since we were planning to get married before all of this happened, wouldn't spousal sponsorship decrease the wait? I know we have to provide proof of genuine relationship.

 

[screech339]

Thanks for the advice. Just another question-- instead of common-law, as you mentioned, since we were planning to get married before all of this happened, wouldn't spousal sponsorship decrease the wait? I know we have to provide proof of genuine relationship.

The sponsorship process is the same for all spousal sponsorship, whether it is common law or married. One does not have any special advantage over the other. Processing time remains the same regardless.

 

[canuck_in_uk]

However, here's the problem: he got a DUI (on bail) a few years back (stupid mistake as he was young);

When exactly did the DUI happen and when did he complete his sentence?

 

[Ponga]

Let him be deported, do NOT allow him to overstay and remain here illegally, it will just make his immigration history worse and worse.

NO! He needs to voluntarily leave Canada before he is officially deported. He also needs to notify CBSA when he has left Canada.

Since a Deportation Order is the most severe of all removal orders, he will definitely need a positive ARC, since he will be banned for life from returning to Canada otherwise.

 

[Rainasar]

NO! He needs to voluntarily leave Canada before he is officially deported. He also needs to notify CBSA when he has left Canada.

Since a Deportation Order is the most severe of all removal orders, he will definitely need a positive ARC, since he will be banned for life from returning to Canada otherwise.

You need to book a ticket and leave within the 30days, notify CBSA on the date you are going to leave, someone from CBSA will meet you at the airport to confirm departure. If the departure is not confirm a warrant will be created in his name. you need to visit him in his home country, get married, take pictures and honeymoon like a normal wedding and have a lot of proof of the previous relationship. Then apply for a Spousal Visa. It may take longer for you guys because he's got a deportation order so they will scrutinize the marriage, make sure you send lots of proof from before and after the you get married.

 

[Bigredgal1]

Hi everyone,

So here's the breakdown:

My boyfriend and I have been seeing each other + together for almost 2 years and we wanted to get married soon. He lived here for most of his life.

However, here's the problem: he got a DUI (on bail) a few years back (stupid mistake as he was young); he applied for H&C and PRRA which were both denied so now he received a deportation order 2 weeks ago in which he is ordered to return to his home-country within 30 days.

What would be the best course of action for him and I to get him back to Canada the quickest? We are running out of time before the 30 days, and need to figure things out-- I love him and him not being able to come back would devastate both of us.

Thanks for any tips and advices.
[speak with an immigration lawyer]

 

[Roland]

Please consult an immigration lawyer to advise you on what to do.

 

[Hasan9999]

Hi everyone,

So here's the breakdown:

My boyfriend and I have been seeing each other + together for almost 2 years and we wanted to get married soon. He lived here for most of his life.

However, here's the problem: he got a DUI (on bail) a few years back (stupid mistake as he was young); he applied for H&C and PRRA which were both denied so now he received a deportation order 2 weeks ago in which he is ordered to return to his home-country within 30 days.

What would be the best course of action for him and I to get him back to Canada the quickest? We are running out of time before the 30 days, and need to figure things out-- I love him and him not being able to come back would devastate both of us.

Thanks for any tips and advices.

1) Your BF should go back to his home country within 30 days under intimation to CBSA. He should later collect a "certificate of departure" from CBSA by email.

2) You should follow him to his country and get married. Stay together couple of months. Gather enough relationship proofs and then come back to Canada.

3) You may then sponsor him for PR under spousal immigration.

4) He might need "ARC" to come back to Canada.

As others suggested, please get professional advice from immigration lawyers.

Good luck!

Hasan