help! re: spouse sponsorship/ spouse without status/ refugee claim denied

[lissamrg]

Hello!

I am trying to find out information regarding a spouse sponsorship application in Canada. I am a Canadian citizen and my husband, who is from Brazil, was a initially a refugee claimant but he lost his status after his claim was not approved. He is waiting for the PRRA. We have been married for one year and 2 months. We were about to submit the application forms for sponsorship in Canada but we were told that it was better for him to apply in Brazil, since he might still have to leave the country if .We would like to know:
1- If he can still be deported, supposing we have a sponsorship application in process in Canada.
2- If it is best to apply in Canada or Brazil?

Thanks in advance!

 

[zardoz]

Hello!

I am trying to find out information regarding a spouse sponsorship application in Canada. I am a Canadian citizen and my husband, who is from Brazil, was a initially a refugee claimant but he lost his status after his claim was not approved. He is waiting for the PRRA. We have been married for one year and 2 months. We were about to submit the application forms for sponsorship in Canada but we were told that it was better for him to apply in Brazil, since he might still have to leave the country if .We would like to know:
1- If he can still be deported, supposing we have a sponsorship application in process in Canada.
2- If it is best to apply in Canada or Brazil?

Thanks in advance!

1) Yes, he can be deported. The PR application will not give him any protection if he is a refused refugee applicant.
2) Under your circumstances, an inland application would be a significant risk.

 

[screech339]

Hello!

I am trying to find out information regarding a spouse sponsorship application in Canada. I am a Canadian citizen and my husband, who is from Brazil, was a initially a refugee claimant but he lost his status after his claim was not approved. He is waiting for the PRRA. We have been married for one year and 2 months. We were about to submit the application forms for sponsorship in Canada but we were told that it was better for him to apply in Brazil, since he might still have to leave the country if .We would like to know:
1- If he can still be deported, supposing we have a sponsorship application in process in Canada.
2- If it is best to apply in Canada or Brazil?

Thanks in advance!

I think it is best that your husband leave Canada on his own and reapply outland in brazil. I say this because a friend of mine went through this with his brazilian wife. When they got married, the wife "stupidly" filed refugee status to save her husband money thinking Canada government will pay for the whole thing. Boy was she wrong. She was told by their lawyer that if she wants to get PR properly she would have to leave volunteerly and reapply in brazil and to do it before she get a deportation notice. Cost them thousands of dollars to correct this error. She was able to come back and land as PR successfully within a few months.

Screech339

 

[Guarona]

Hello!

I am trying to find out information regarding a spouse sponsorship application in Canada. I am a Canadian citizen and my husband, who is from Brazil, was a initially a refugee claimant but he lost his status after his claim was not approved. He is waiting for the PRRA. We have been married for one year and 2 months. We were about to submit the application forms for sponsorship in Canada but we were told that it was better for him to apply in Brazil, since he might still have to leave the country if .We would like to know:
1- If he can still be deported, supposing we have a sponsorship application in process in Canada.
2- If it is best to apply in Canada or Brazil?

Thanks in advance!

I know this is a bit late, but maybe it can still help.

While I agree that it might be better/safer for your husband to leave the country and apply from outside, I can understand that it may be quite impractical.

When I was reading through this manual from CIC about their processing of Spousal Sponsorship applications made in Canada (http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf), it states in 5.3 that:

Under the spousal policy, many clients can benefit from an administrative deferral of removal if there is evidence that they have a pending spousal application by the time they are deemed removal-ready by the CBSA. In general, the date that the CPC-V has locked in the application is the proof that an application has been made.

The administrative deferral of removal just means that removal is delayed until the application completes Step 1 (as I understand it).

After successful completion of Step 1 (i.e. receipt of Approval in Principle – AIP), he should qualify for a 'Regulatory Stay of Removal'. This means that the removal is officially suspended and unenforceable until the final outcome of the application is known.

I hope this helps!

 

[Alurra71]

I know this is a bit late, but maybe it can still help.

While I agree that it might be better/safer for your husband to leave the country and apply from outside, I can understand that it may be quite impractical.

When I was reading through this manual from CIC about their processing of Spousal Sponsorship applications made in Canada (http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf), it states in 5.3 that:
The administrative deferral of removal just means that removal is delayed until the application completes Step 1 (as I understand it).

After successful completion of Step 1 (i.e. receipt of Approval in Principle – AIP), he should qualify for a 'Regulatory Stay of Removal'. This means that the removal is officially suspended and unenforceable until the final outcome of the application is known.

I hope this helps!

The biggest issue with this, is that it has been noted that the Deferral are no longer being used since Nov 2011. The publication you are reading this from is 2006, so the laws may have changed since then. I do not believe that you can use this 'loophole' any longer to keep your spouse inside Canada while you wait your application process. If you do decide to file inland, then you risk the application, the fees, your spouse very well may be deported anyway and then you have more fees and such to deal with in ARC's and bans and such.

If it were me, and as hard as it would be, I would have my spouse return to Brazil and then file the application. Then he has left voluntarily. If you are able, perhaps you can accompany him and file your application and wait with him until it is finalized.