HELP! Common-Law sponsorship from within Canada: re-entry problems (MEXICO)

[SarahTeresa]

I need help on how we could continue our application from within Canada with my partner who is Mexican. We have gone past the first stages of approval, he has received a work permit (which does not permit re-entry) and has sent in all the necessary information (medical, police checks) in order to complete the application process.

Here is the problem: We submitted the application in October with no intention of leaving Canada. However, his uncle and father passed away very suddenly with days of each other and there was no other option for us other then to return to Mexico. With that being said, all of his VISAS had expired and he had overstayed his study VISA. The point of his entire PR application from within Canada was to fix this problem with his VISAS, and to say the least it has been a terrible struggle since then to bring him back to Canada in order to do so. We have tried a application to the Mexico City embassy as a private visitor which was refused, and we have tried as a temporary resident under the working class section when he received his work permit which was also the most recently refused.

Through this entire process we have had a lawyer supervising/advising us how to move forward. At this moment in time we are appealing the last application with the lawyer and asking that he could be permitted to enter into Canada so that he could complete his permanent residency application (even if it is just so that he can attend the interview) so that all this time that has past does not go to waste.

Does anyone have any advice they could offer us?

 

[parker24]

Re: HELP! Common-Law sponsorship from within Canada: re-entry problems

I need help on how we could continue our application from within Canada with my partner who is Mexican. We have gone past the first stages of approval, he has received a work permit (which does not permit re-entry) and has sent in all the necessary information (medical, police checks) in order to complete the application process.

Here is the problem: We submitted the application in October with no intention of leaving Canada. However, his uncle and father passed away very suddenly with days of each other and there was no other option for us other then to return to Mexico. With that being said, all of his VISAS had expired and he had overstayed his study VISA. The point of his entire PR application from within Canada was to fix this problem with his VISAS, and to say the least it has been a terrible struggle since then to bring him back to Canada in order to do so. We have tried a application to the Mexico City embassy as a private visitor which was refused, and we have tried as a temporary resident under the working class section when he received his work permit which was also the most recently refused.

Through this entire process we have had a lawyer supervising/advising us how to move forward. At this moment in time we are appealing the last application with the lawyer and asking that he could be permitted to enter into Canada so that he could complete his permanent residency application (even if it is just so that he can attend the interview) so that all this time that has past does not go to waste.

Does anyone have any advice they could offer us?

I would just withdraw and apply outland. It doesn't look good that he will be able to come to Canada on a permit or as a visitor.

 

[SarahTeresa]

Re: HELP! Common-Law sponsorship from within Canada: re-entry problems

I don't understand how this can be possible: it seems so incomprehensible that withdrawing our application and starting again, I realize it may be our only option if the appeal does not go in a positive direction, but I cannot believe this is actually how this system works?

 

[parker24]

Re: HELP! Common-Law sponsorship from within Canada: re-entry problems

I don't understand how this can be possible: it seems so incomprehensible that withdrawing our application and starting again, I realize it may be our only option if the appeal does not go in a positive direction, but I cannot believe this is actually how this system works?

The thing is, with Inland anyway, the applicant is not supposed to leave Canada. Usually once the applicant leaves, the application is then tossed once they figure out that the applicant left Canada.

 

[SarahTeresa]

Re: HELP! Common-Law sponsorship from within Canada: re-entry problems

But the exception in this case seems to be valid enough to argue that rule? It seems outrageous that there cannot be an exception made for a persons father passing away.

 

[parker24]

Re: HELP! Common-Law sponsorship from within Canada: re-entry problems

But the exception in this case seems to be valid enough to argue that rule? It seems outrageous that there cannot be an exception made for a persons father passing away.

Immigration usually is pretty "cold-hearted" as a whole. There are people there, they all have hearts and compassion to some degree, but "rules" don't. It SUCKS. While we applied outland, my husband was here. We were so paranoid about him coming and going, he NEVER left Canada. Stayed on a visitor's visa for 2 years while we waited.

 

[jenny12345]

Re: HELP! Common-Law sponsorship from within Canada: re-entry problems

Sorry to hear about your father in law , but you should've stayed and waited for the process to be completed. Especially since he overstayed his visa previously. You would have to apply outland now.

 

[SarahTeresa]

Re: HELP! Common-Law sponsorship from within Canada: re-entry problems

Staying was not even a plausible option but I understand your point. It looks like I will be moving down to Mexico for the next year more and more.

 

[sariss]

Re: HELP! Common-Law sponsorship from within Canada: re-entry problems

They don't make exceptions generally. Until he is a PR they have the right to question intentions at the border. Think of it from their end - if they let him in and he is denied a PR, will he leave? They don't know.
That's the risk of applying inland. Also once an application inland is denied, you have no right to appeal.

 

[SarahTeresa]

Re: HELP! Common-Law sponsorship from within Canada: re-entry problems

To be clear, we are not appealing a PR application. We are "appealing" that he be given the option to come back as a visitor, due to circumstance, in order to complete the interview or any necessary processes that are required in order to complete the PR application. The lawyer and I will testify that he will leave as soon as whatever is necessary and he will return to Mexico until a final decision has been made for his PR application.

 

[on-hold]

Re: HELP! Common-Law sponsorship from within Canada: re-entry problems

The only thing I have to say is that in my personal experience, all these details loom very large when you are dealing with them, and for many years they will dominate your life to the point that people will avoid you at parties because of your detailed and expert monologue; but once they are past, you will mercifully forget all but the most outrageous, and even these will seem more benign than they did at the time. But while you're involved with it, there is nothing like immigration to ruin day to day existence, it's because unlike almost anything else besides health, it cuts beneath the basic stability of life.

 

[SarahTeresa]

Re: HELP! Common-Law sponsorship from within Canada: re-entry problems

"It cuts beneath the basic stability of life". I just want my life with my partner back, which does not seem to be such a large demand. I think the thing that would make me possibly the happiest person in existence at this moment is just to see him on our couch waiting to pick a film to watch. I sense that I have found support, in a long term sense, which I am happy I have found. I am very much looking forward to the future and the end of this process. At the moment I feel as if I cannot focus my attention enough to boil the kettle.