Help! My sponsored husband has a warrant to go to Border Services

[zardoz]

I'm going to assume that you mean Vegreville.

Right...

If he doesn't show up, your PR application is "history", he becomes a "wanted" man and he spends the rest of his time hiding from CBSA. If they want to, they will find him... It sounds as if, having got a letter through to you, that they already know how to locate him.

If he is deported, your PR application is also probably "history" if it's an "inland" one, sent to Vegreville (CPC-V). You would have to start all over from the beginning with an "outland" application instead.

If he is not deported, they will probably allow the PR application to resume and eventually, he becomes fully legal inside Canada and can live in relative peace.

If he wants to remain a fugitive, then he need not turn up.. Personally, I couldn't live like that.

 

[on-hold]

When his asylum application was denied, he was simply too scared to return. Now if he will be deported he will be forced to return anyway despite having a Canadian spouse. Very sad.

What is not sad is that if he follows the process he has an excellent chance of being sponsored successfully, and living here legally. You may not realize this, but many countries are far harsher with people who break their immigration laws; personally, if I were you, I would focus on the positive, because it will be of more use to you as you work through this process over the next year or so.

You should also be prepared for your sponsorship application to receive extreme scrutiny. Everything you say suggests that your husband was under great pressure when he married you -- he is going to have to convince CIC that the marriage was genuine, and not an attempt to escape deportation. This is also why you should avoid getting pregnant to bargain with them; a pregnancy of convenience might suggest a marriage of convenience as well.

 

[zardoz]

I didn't want to add to the OP's misery but unfortunately, the "marriage of convenience" aspect has already occurred to me as well.

 

[JRPW]

What is not sad is that if he follows the process he has an excellent chance of being sponsored successfully, and living here legally. You may not realize this, but many countries are far harsher with people who break their immigration laws; personally, if I were you, I would focus on the positive, because it will be of more use to you as you work through this process over the next year or so.

You should also be prepared for your sponsorship application to receive extreme scrutiny. Everything you say suggests that your husband was under great pressure when he married you -- he is going to have to convince CIC that the marriage was genuine, and not an attempt to escape deportation. This is also why you should avoid getting pregnant to bargain with them; a pregnancy of convenience might suggest a marriage of convenience as well.

I agree. Getting pregnant at this stage is not advisable. If your husband is deported, you will be under extreme stress. Having a baby in this sort of situation will only add more stress to an already complicated PR application.

 

[on-hold]

I didn't want to add to the OP's misery but unfortunately, the "marriage of convenience" aspect has already occurred to me as well.

I agree it is stressful for the OP to think about, but she should prepare for it anyways -- there's no shame in getting married when one person is under stress. I hate the idea that CIC is in the business of evaluating marriages, and that any deviation from pure happiness or unworldly love is considered suspicious.

OP, where is your husband from? Why didn't CIC accept their refugee claim?

 

[Anne27]

I agree it is stressful for the OP to think about, but she should prepare for it anyways -- there's no shame in getting married when one person is under stress. I hate the idea that CIC is in the business of evaluating marriages, and that any deviation from pure happiness or unworldly love is considered suspicious.

OP, where is your husband from? Why didn't CIC accept their refugee claim?

He is from Hungary, and left because he got attacked by a group of gypsies. He even recorded the attack and has a track of it online.

 

[Anne27]

I'm going to assume that you mean Vegreville.

Right...

If he doesn't show up, your PR application is "history", he becomes a "wanted" man and he spends the rest of his time hiding from CBSA. If they want to, they will find him... It sounds as if, having got a letter through to you, that they already know how to locate him.

If he is deported, your PR application is also probably "history" if it's an "inland" one, sent to Vegreville (CPC-V). You would have to start all over from the beginning with an "outland" application instead.

If he is not deported, they will probably allow the PR application to resume and eventually, he becomes fully legal inside Canada and can live in relative peace.

If he wants to remain a fugitive, then he need not turn up.. Personally, I couldn't live like that.

Yes, it is Vegreville, sorry about that. Thank you for all the insightful advice. I wish the lawyer I paid thousands of dollars would have said all this from the beginning.

 

[zardoz]

He is from Hungary, and left because he got attacked by a group of gypsies. He even recorded the attack and has a track of it online.

That explains why his asylum application was refused.

 

[Anne27]

I appreciate all of the great comments. My biggest problem these days is the hopelessness of the situation. If we would have been told from the beginning that this may have been the case, he could have left before and we could have started a sponsorship application from outside from the start. I just feel extremely hopeless and confused about everything. You have to remember, I paid over 5000 to a paralegal for this, and I highly advise everyone to do a lot of research before paying lawyers anything. She never said there was a chance he would still be deported despite the sponsorship application.
It is true that other countries have harsher immigration laws. It is also true that he should comply with the letter and present himself at the border services. And he will probably be deported.

 

[Anne27]

That explains why his asylum application was refused.

How so?

 

[Ponga]

That explains why his asylum application was refused.

Agreed.

As tragic an event as this was, it would be comparable to a `street gang' jumping him here, which would not be sufficient to claim refugee status.

As others have suggested, he should resolve this with CBSA ASAP.

 

[jomz]

Hello all,
I need some urgent advice regarding the situation I am in. My husband was a political asylum seeker in Canada whose claim was rejected, but he stayed in Canada past the date he was supposed to return to Eastern Europe, which was beginning of 2013. We then met, married, and I sponsored him to stay in Canada as my husband middle of 2013. I am a Canadian citizen. We thought everything was fine, but then we received a letter last month asking him to present himself at the border services to "rectify his immigration status". Apparently there is a warrant for him to leave Canada, and that trumps the sponsorship application I started for him. We are very scared that he will get deported if he shows up to that office. Also, apparently until the warrant is not removed, the sponsorship application will remain on hold. I am not pregnant yet but want to, however I am wondering if getting pregnant and showing up at the border services with him won`t be the only way to remove this warrant and allow him to stay with me in Canada. Please, any suggestions are very much welcomed!

Anne you met in early 2013 and you married and applied by mid 2013 for spousal sponsorship?

 

[Anne27]

Agreed.

As tragic an event as this was, it would be comparable to a `street gang' jumping him here, which would not be sufficient to claim refugee status.

As others have suggested, he should resolve this with CBSA ASAP.

He was attacked a few times, and one time his arm was cut with a sword by one of the gang members, who said he will be back and kill him and rape his wife (his ex wife). He area where he lived was full of gypsies, so he had a good reason to believe their threats. The police didn't help at all, on the contrary told him to forget the whole thing. He recorded that too. He believes that the police was covering up for the gypsies. His first marriage fell apart soon after.

 

[keesio]

Since the warrant was issued a year ago, what are the chances of the border services to find him now if he doesn't show?

Not showing up is a very very bad idea.

 

[jomz]

He was attacked a few times, and one time his arm was cut with a sword by one of the gang members, who said he will be back and kill him and rape his wife (his ex wife). He area where he lived was full of gypsies, so he had a good reason to believe their threats. The police didn't help at all, on the contrary told him to forget the whole thing. He recorded that too. He believes that the police was covering up for the gypsies. His first marriage fell apart soon after.

Unfortunately what happened to him was not basis for a refugee claim. He could have relocated in his city, another town, another country even since Hungary is part of Schengen etc. There was no political prosecution.