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Denied refugee, new laws confusing? - Spousal Sponsorship

linxord

Hero Member
Apr 10, 2013
414
372
Hello everyone,

I've been a lurker on this forum for quite some time now. I'm very confused and feel helpless.

Time line:

Sept 2010 - Applied for refugee
Dec 2010 - Mum and younger brother escaped my home country for the same fear and applied for asylum in the US (she had friends there) - they are safe now.
May 2012 - Met my current wife for the first time (we were room mates for 8 months) and then in a relationship
End of June 2012 - Hearing
July 2012 - Decision rendered. Refugee claim denied saying that it is true that I have a problem but protection will be available to me in my home country.
- - Applied to federal court for review (protection wasn't really available and the judge didn't consider the facts we had given as to WHY)
December 2012 - Vacation with then girlfriend to visit her family in another city
- - Girl friend had to do a co-op work term so she moved to Quebec for 4 months
Feb 2013 - Visited girlfriend (Quebec) for valentines and proposed, we decided to get married.
Feb 22, 2013 decision was rendered from federal court that said it was dismissed.
Feb 29, 2013 decision received by mail
- - We planned to get married according to our plan, had to expedite things a little bit
March 30, 2013 - Got married on her birthday (Friend and Family visited and was the happiest day of my life)

We've signed our house lease and are moving in May 1st.

Now we are moving towards a sponsorship application.
obviously our marriage is not that of convenience but would seem so as we got married after the appeal got dismissed.

Now with the new refugee system, there is no PRRA before 1 year. For me, the one year period completes on July 05, 2013.
we are still putting together our inland sponsorship application but i'm very confused as to what I should do.

I'm going to consult with a lawyer but the previous lawyer that I had through the refugee application was a very weird person. He wanted me to lie on my application about things but I dismissed that as I had a genuine case. Had to do all my statements and be careful. only consulted with him about the process. I don't want to go back to him.
Also, affording another lawyer is kind of hard at this moment.

If any one has any experience please chime in and help. I'm worried about the whole process.

Thank you!
 

gsize

Hero Member
May 2, 2009
958
48
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
2009....denied Feb 2010.....appeal allowed (August 2012)..waiting for processing
Doc's Request.
04/04/2013
File Transfer...
30/01/2013
Med's Done....
04/2013 (second time)
Passport Req..
21/02, 2014
VISA ISSUED...
18/03/2014
LANDED..........
05/04/2014
if i were you, I would interview Immigration consultants/Lawyers and go with your gut feeling. Many will give you a free consultation. You can do this on your own, but I dont recommend in your case.

Hope it helps !
 

linxord

Hero Member
Apr 10, 2013
414
372
Thank you =)

We are filling out all the forms and will consult with someone soon so they can go over our application.

More input/suggestions/experiences are welcome.

we are worried as this is a tedious process and have to be very careful with things.
 

gsize

Hero Member
May 2, 2009
958
48
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
2009....denied Feb 2010.....appeal allowed (August 2012)..waiting for processing
Doc's Request.
04/04/2013
File Transfer...
30/01/2013
Med's Done....
04/2013 (second time)
Passport Req..
21/02, 2014
VISA ISSUED...
18/03/2014
LANDED..........
05/04/2014
linxord said:
Thank you =)

We are filling out all the forms and will consult with someone soon so they can go over our application.

More input/suggestions/experiences are welcome.

we are worried as this is a tedious process and have to be very careful with things.
yes, you must be very careful. It is a bumby ride for many of us. Try to stay strong and positive. Best to keep busy ! Where will your case be heard ?. Timelines vary a great deal depending on the city.
 

ntonchu

Full Member
Dec 4, 2012
48
0
Category........
Visa Office......
Vegreville,AB
Job Offer........
Pre-Assessed..
App. Filed.......
04-02-2012
Doc's Request.
24-09-2012
AOR Received.
23-05-2012
Med's Request
23-09-2012
Med's Done....
19-10-2012
Passport Req..
24-09-2012
linxord said:
Hello everyone,

I've been a lurker on this forum for quite some time now. I'm very confused and feel helpless.

Time line:

Sept 2010 - Applied for refugee
Dec 2010 - Mum and younger brother escaped my home country for the same fear and applied for asylum in the US (she had friends there) - they are safe now.
May 2012 - Met my current wife for the first time (we were room mates for 8 months) and then in a relationship
End of June 2012 - Hearing
July 2012 - Decision rendered. Refugee claim denied saying that it is true that I have a problem but protection will be available to me in my home country.
- - Applied to federal court for review (protection wasn't really available and the judge didn't consider the facts we had given as to WHY)
December 2012 - Vacation with then girlfriend to visit her family in another city
- - Girl friend had to do a co-op work term so she moved to Quebec for 4 months
Feb 2013 - Visited girlfriend (Quebec) for valentines and proposed, we decided to get married.
Feb 22, 2013 decision was rendered from federal court that said it was dismissed.
Feb 29, 2013 decision received by mail
- - We planned to get married according to our plan, had to expedite things a little bit
March 30, 2013 - Got married on her birthday (Friend and Family visited and was the happiest day of my life)

We've signed our house lease and are moving in May 1st.

Now we are moving towards a sponsorship application.
obviously our marriage is not that of convenience but would seem so as we got married after the appeal got dismissed.

Now with the new refugee system, there is no PRRA before 1 year. For me, the one year period completes on July 05, 2013.
we are still putting together our inland sponsorship application but i'm very confused as to what I should do.

I'm going to consult with a lawyer but the previous lawyer that I had through the refugee application was a very weird person. He wanted me to lie on my application about things but I dismissed that as I had a genuine case. Had to do all my statements and be careful. only consulted with him about the process. I don't want to go back to him.
Also, affording another lawyer is kind of hard at this moment.

If any one has any experience please chime in and help. I'm worried about the whole process.

Thank you!
Try to send in your sponsorship application before any removal proceedings begin. That's my best advice. Good luck in all.
 

linxord

Hero Member
Apr 10, 2013
414
372
Most probably it would be the local Calgary office in my case?

And yes, trying to send everything in before any removal proceedings.
 

Dani_y28

Star Member
Jan 14, 2013
109
5
Category........
Visa Office......
Bogota
Job Offer........
Pre-Assessed..
App. Filed.......
07-05-2012
AOR Received.
10-12-2012 (BOG)
File Transfer...
11-09-2012
Med's Request
23-08-2012
Med's Done....
05-09-2012
Interview........
Waived
Passport Req..
18-03-2013
VISA ISSUED...
20-03-2013
LANDED..........
18-04-2013
I Was also a failed refugee, got removed last may. Married my husband after and while we were waiting for our PRRA. And to make a long story short I'm landing next week as my whole sponsorship was approved all before one year and with no Interview or bumps along the process. As to the laws have changed I can't say much or give u any advice but you said it migh look suspicious and not at all. NOT if you have all the proofs that it is a geunuine relationship. Also remember when sending in your application that it is QUALITY NOT QUANTITY! I wish you the best of luck!
 

linxord

Hero Member
Apr 10, 2013
414
372
Dani_y28 said:
I Was also a failed refugee, got removed last may. Married my husband after and while we were waiting for our PRRA. And to make a long story short I'm landing next week as my whole sponsorship was approved all before one year and with no Interview or bumps along the process. As to the laws have changed I can't say much or give u any advice but you said it migh look suspicious and not at all. NOT if you have all the proofs that it is a geunuine relationship. Also remember when sending in your application that it is QUALITY NOT QUANTITY! I wish you the best of luck!
Thank you for sharing!
I'm doing an inland application right now. And yes, I agree with you on the quality part. I will make sure I include lots of evidence and letters from friends and family. If you have any suggestions on what I should include, please let me know. Your success makes me feel better too.
 

Dani_y28

Star Member
Jan 14, 2013
109
5
Category........
Visa Office......
Bogota
Job Offer........
Pre-Assessed..
App. Filed.......
07-05-2012
AOR Received.
10-12-2012 (BOG)
File Transfer...
11-09-2012
Med's Request
23-08-2012
Med's Done....
05-09-2012
Interview........
Waived
Passport Req..
18-03-2013
VISA ISSUED...
20-03-2013
LANDED..........
18-04-2013
We included about 50 pics and I gotta say few we're from the ceremony. Also our lease as we lived together for a year, joint bank statements, taxes, OSAP paperwork, letter from friends, family, bosses and coworkers also pictures of gifts we gave each other. Basically anything as small and insignificant you think it is will help you.
 

LeisaP

Champion Member
Jun 29, 2012
1,931
19
Category........
Visa Office......
Mexico City
Job Offer........
Pre-Assessed..
App. Filed.......
January 18, 2012
Doc's Request.
ARC requested Sept 28,2012 ARC sent October 18,2012... RCMP Sent Dec 17,2012. Additional court documents sent March 25, 2013.
AOR Received.
Never
File Transfer...
April 5, 2012
Med's Request
First medical March 2011, REDO Medical July 30, 2012
Med's Done....
August 16, 2012
Interview........
Waived
Passport Req..
May 7, 2013
VISA ISSUED...
May 27, 2013
LANDED..........
May 30, 2013
Try to get your application in as soon as possible so you can stay in the country while you wait.

my husband was denied refugee but we couldn't get our app sent it in time before he got his removal. so we had to leave and go wait in mexico for the process.

its been 15 months since we applied, no interview, but the ARC (authorization to return to Canada) is taking a really long time!.

we applied common-law and we sent tons and tons of evidence with our app cuz we knew it would be scrutinized more because of his failed refugee.

good luck!
:)
 

yaye2009

Star Member
May 9, 2009
104
7
Hi lixord if you live around Calgary I will refer you to a good lawer for that kind of case my wife was a refugee claimant too
 

linxord

Hero Member
Apr 10, 2013
414
372
yaye2009 said:
Hi lixord if you live around Calgary I will refer you to a good lawer for that kind of case my wife was a refugee claimant too
Yes please. Any help would be appreciated.
 

linxord

Hero Member
Apr 10, 2013
414
372
LeisaP said:
Try to get your application in as soon as possible so you can stay in the country while you wait.

my husband was denied refugee but we couldn't get our app sent it in time before he got his removal. so we had to leave and go wait in mexico for the process.

its been 15 months since we applied, no interview, but the ARC (authorization to return to Canada) is taking a really long time!.

we applied common-law and we sent tons and tons of evidence with our app cuz we knew it would be scrutinized more because of his failed refugee.

good luck!
:)
Thank you!
I just wanted to ask what did he get for his removal? you guys couldn't send in an application before a removal letter was sent or was it an interview?
any information from your experience regarding the time line would help.
 

LeisaP

Champion Member
Jun 29, 2012
1,931
19
Category........
Visa Office......
Mexico City
Job Offer........
Pre-Assessed..
App. Filed.......
January 18, 2012
Doc's Request.
ARC requested Sept 28,2012 ARC sent October 18,2012... RCMP Sent Dec 17,2012. Additional court documents sent March 25, 2013.
AOR Received.
Never
File Transfer...
April 5, 2012
Med's Request
First medical March 2011, REDO Medical July 30, 2012
Med's Done....
August 16, 2012
Interview........
Waived
Passport Req..
May 7, 2013
VISA ISSUED...
May 27, 2013
LANDED..........
May 30, 2013
linxord said:
Thank you!
I just wanted to ask what did he get for his removal? you guys couldn't send in an application before a removal letter was sent or was it an interview?
any information from your experience regarding the time line would help.
Well it was a bit of a confusion with our immigration consultant. she told us after getting denied at the hearing there is no way we could stay and wait the process out in Canada, even if we sent it in before the removal he would still have to leave when he got the removal. also the cbsa officer told us this as well and he knew we were going to send in our sponsorship application.
so that being said we weren't in any rush to mail it in because we knew he would have to leave anyways so we were using our money and time to sell our furniture and pay off some bills etc.

but as for the actual removal.
we went to his refugee hearing, he was denied, it took them 8 months to mail us the formal denial letter. after that he applied for the PRRA. than one sunday morning two very grumpy and rude cbsa officers came to your apartment and dropped off a letter for him to go to an appt the following week at the refugee office.
so we went together and at the appt is where they told us his prra was denied and he would have 30 days to leave the country, and they gave him a letter stating that aswell and had him sign it.

as for the timeline, we mailed our application jan 18 2012,
was approved and forwarded to mexico city april 5, 2012.
we didn't hear anything for a very long time, not aor nothing, so I emailed them in july and they answered asking him to redo his medical because it had expired, so he did that, than we got the request for police certificates, sent those in. and in sept we went to in process, and got the request for the ARC,
we mailed the ARC in October, in November they asked for a full rcmp clearance,because in 2009 he was caught shoplifting, but only had to go 40 hours community service and it was cleared from his record. so they wanted the rcmp to prove it was clean and in February they asked for court documents to prove he completed his community service.

so its now april and we are still waiting for the PPR.

our arc is taking a lot longer than most just because of this community service incident.
 

linxord

Hero Member
Apr 10, 2013
414
372
yaye2009 said:
Hi lixord if you live around Calgary I will refer you to a good lawer for that kind of case my wife was a refugee claimant too
I can't sent personal messages yet. Thank you for your help. I have more questions though!
I received the information about the lawyer but didn't receive your full message. Is it possible to send me an alternate contact so I can contact you?