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

[keesio]

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.

Interesting. Currently, it is the Roma from Hungary who are trying to claim refugee status in Canada - claiming that Hungary is too hostile for them and they face persecution there. I have never heard of a Hungarian claiming asylum to escape Roma in Hungary. It is an odd case and unfortunately it one that was very unlikely to have any hope of success.

 

[Anne27]

Interesting. Currently, it is the Roma from Hungary who are trying to claim refugee status in Canada - claiming that Hungary is too hostile for them and they face persecution there. I have never heard of a Hungarian claiming asylum to escape Roma in Hungary. It is an odd case and unfortunately it one that was very unlikely to have any hope of success.

That's exactly what the problem is with the Roma and why my husband believes that the police tries to cover up. In Hungary, because of the past discrimination of the Roma, it is a crime to criticize them now... so there are some that take advantage of that. In my husband's case, there was no investigation into the attack.

 

[keesio]

In any case, it is best if your husband is cooperative and leave Canada and you let the sponsorship application take its course. Note that with all the red flags with your application, the processing will be longer than most and at risk of being denied. Not just because of his failed refugee claim and failure to leave Canada in a timely fashion, but also because you first met your husband and got married all in a span of less than six months, and right after he was supposed to leave Canada, and that will be very suspicious to CIC that your marriage is one of convenience with the reason being so he can stay in Canada. But if he fails to show up and leave on his own and they have to hunt him down, there will be no hope for your application.

 

[jomz]

That's exactly what the problem is with the Roma and why my husband believes that the police tries to cover up. In Hungary, because of the past discrimination of the Roma, it is a crime to criticize them now... so there are some that take advantage of that. In my husband's case, there was no investigation into the attack.

Anne why did your husband choose Canada? Just curious because if he is a hungarian citizen he can live and work anywhere in Europe without requiring any visas or permits. Seems easier to start a new life there than go through a refugee application in Canada.

 

[jomz]

In any case, it is best if your husband is cooperative and leave Canada and you let the sponsorship application take its course. Note that with all the red flags with your application, the processing will be longer than most and at risk of being denied. Not just because of his failed refugee claim and failure to leave Canada in a timely fashion, but also because you first met your husband and got married all in a span of less than six months, and right after he was supposed to leave Canada, and that will be very suspicious to CIC that your marriage is one of convenience with the reason being so he can stay in Canada. But if he fails to show up and leave on his own and they have to hunt him down, there will be no hope for your application.

I agree with Keesio, it's time to follow the letter of the law. I know it will not be easy for you if he does get deported, but your separation will only be for a limited amount of time. There are thousands of spouses sponsoring their husbands/wives from other countries and throughout the process they are living in their respective countries. Is it easy for any of the other thousands of spouses? Of course not, but that's the price we all pay to sooner or later be reunited with our loved ones.

 

[jomz]

I think that based on the below, the OP's husband may not be allowed to stay. And he cannot appeal the deportation order.

http://www.cbsa-asfc.gc.ca/media/facts-faits/051-eng.html

I think he would need to leave, apply for sponsorship outland and obtain an ARC.

 

[mikeymyke]

Being attacked by a gang is absolutely no basis for a refugee claim. He could have moved, applied to Canada as a skilled worker, moved to another neighboring country, it wasnt like he was facing political persecution or that he was in a war torn country

 

[abouttoland]

from what can see, being only just got a removal order lifted is this:

you are not married, or know each other long enough to make your case a simple sponsorship.

If is NOT a marriage of convience, go with him.

he can work ANYWHERE in EU as he is a european citizen and Hungary is a DCO and member of EU.

It will prove that it is genuine love, and my fiancee had organised a leave of absense for hte year i would have been excluded.

You can sponsor him outland, and bring documentation to show what you left here in Canada. The possilbe baby will be canadian regarless if you are a citizen. when applying you can ask for a ARC (authorization to Return to Candada)< which will end the 1 year exclusion order, as he would have been issued as an overstay, which i was.

Mess around CBSA/CIC, and they will detain him on the spot - and they WILL find him, inland enforcement officers do that, its what they are there to do,

good luck......

 

[Sikuya]

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!

Could u please give me an update of what occurred to you.my spouse is in this situation and we r scared.did he get deported or did they wait for the spousal application?