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V

VancouverIsland

Hero Member
May 2, 2018
261
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Hi All
Im going to sponsor(inland) my husband who is out of status for about 2 years(currently living in Canada and been here more than 6 years, he applied as refugee claimant,got married and his ex sponsored him and mariage/sponsorship breakdown) and was wondering what are the chances he will face deportation? We dont know whether he has removal order or not.i dont want him to go. Please im seeking good advices.
Thank you
 
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Your husband out-of-status will not stop IRCC from processing his inland spousal sponsorship......refer......Public interest.......however, the out-of-status will likely mean the application will be very scrutinized and may take a little longer to complete processing.

Whether your husband entered initially as an inadmissible person or entered legally on a temporary visa but overstayed, he may be subject to a later deportation or removal order for having overstayed.......not suggesting he has a deportation or removal order or as only CBSA and IRCC would know if he has removal order or not.......if you want to know or need help its better you engage the services of an immigration lawyer (and don't engage an immigration consultant).

If your husband is not inadmissible to Canada........and the sponsor is eligible to sponsor a spouse.......you may submit inland spousal sponsorship......and will advice that your husband provide honest details of his situation, previous refugee claim, previous marriage and sponsorship, clear explanation of his overstay and avoid any misrepresentation and stay out of trouble.

If you were to submit an application for open work permit (OWP) with the inland spousal sponsorship......the inland sponsorship may be processed regardless of the out-of-status due to IRCC Public Policy.....but the OWP will not be approved due to the out-of-status as at the time the application was received.
 
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thanks for replying Wakki
we actually saw 2 immigration lawyers and they did not say much. whatever we asked them they are like `ouuw okay u can do that ,` yea maybe those stuff can help` so basically we are going to do everything by ourselves.
i also read here some people apply outland while they stay in Canada, How is that work? is it good way to do? thanks again
 
You could apply outland sponsorship while the PA may stay in Canada as the application is been processed......but the outland sponsorship will be transferred abroad to the VO responsible for the PA country of origin for further processing......and if interview is required.....the PA be required to attend the interview at the VO abroad (outside Canada).

Refer.....Spousal Sponsorship Checklist.........Part A......Sponsored Persons.....4...Class of Application
 
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