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Confiscated papers

Lynxz

Newbie
Mar 30, 2010
4
0
Hello. My wife has crossed an american border when she was twelve years old. She had crossed with her grandma and her dad was waiting for her in Canada. CBSA allowed her to cross the border because she was signed in to his passport. She did not have a passport. She was born in Georgia. They had made a refugee claim and it was denied. During the court hearing all of their documents were seized. Now, we have applied for the sponsorship of my wife, I am a Canadian citizen. CBSA wants to deport my wife and her family, but apparently, the CBSA cannot retrieve their documents, meaning that my wife will need a travel document to be deported. BUT ALSO for the sponsorship application the CIC demands for a valid travel document, and the only things that confirm her link with her country of origin (Georgia) that we've sent were true copies of her birth certificate and of the page in her fathers passport. Will that be enough for the immigration? WHAt happens next?
 

RobsLuv

Champion Member
Jul 14, 2008
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Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
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Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
She will have to have a passport from her home country before she can be granted permanent status in Canada. If she has a birth certificate, as you mention, she should be able to get a passport - but she might have to go there to do it, and chances are good that she won't be readmitted to Canada until she gets PR status.

Something else you should know - if they succeed in deporting her and her family, she will not be eligible for permanent residence until she can get an Authorization to Return to Canada signed by the Minister of Citizenship & Immigration Canada. This is not easy to get, and it's expensive and time consuming. My advice: they should leave Canada voluntarily - by whatever means they can - so that they are not deported. Then she should get a valid passport so she's eligible for PR, so she can come back. You're trying to do this backwards and it could have devastating consequences to your family.
 

Lynxz

Newbie
Mar 30, 2010
4
0
Yes,
"You can apply under the public policy relating to the Spouse or Common-law Partner in Canada Class. However, you must obtain a valid passport from your home country or travel documents before Citizenship and Immigration Canada will grant you permanent residence."
but if she will be able to get her Georgian passport without leaving Canada (by proving that she is a citizen by birth). Will the CBSA have the right to deport her? Now the question is if she is a failed refugee claimant that applied for sponsorship, can she be deported before her PR status is granted???
the cic state that:
"If you do not have legal status, you cannot work or study in Canada. In addition, you could be subject to removal."
But what is "worthy" of removal.
Also, if anyone knows. My wife had a work permit 'till about a two years ago, then she fell sick and was not able to work, so she did cold not renew the permit. Can she (re)apply for it? Or a study permit, maybe? This gives her a status, no?
Look, my wife would really not mind leaving the country and reapplying from the outland, BUT she has juvenile (type one) diabetes, and while in CANADA they have test equipment, insulin pens and stuff, in Georgia, they have NOTHING!