Inland spousal sponsorship since 14 months and now departure order

[Hadysaade]

Hello
In October 2021, I filed an inland spousal sponsorship for my wife who had lost her PR due to not meeting her RO and has been without status since 2019. She passed her medical and had her Biometrics in March 2022 and it's been a complete silence until last month when we received a request to apply for CSQ and my eligibility as a Sponsar started. Today we received an AOR from Quebec immigration for the CSQ application and we received also a letter for an Interview from CBSA.
What would be my wife's options at the CBSA knowing that we have a sponsorship application in process since 14 months. Her interview is in the first week of January 2023, is there anything we should do before that? Like talking to an MP, calling IRCC to ask for AIP, etc....?
Would having an application in process defer any possible departure order? Would applying for PRRA a good idea to buy some time, and is allowed?

Your kind feedback is highly appreciated.
Many thanks

 

[scylla]

Hello
In October 2021, I filed an inland spousal sponsorship for my wife who had lost her PR due to not meeting her RO and has been without status since 2019. She passed her medical and had her Biometrics in March 2022 and it's been a complete silence until last month when we received a request to apply for CSQ and my eligibility as a Sponsar started. Today we received an AOR from Quebec immigration for the CSQ application and we received also a letter for an Interview from CBSA.
What would be my wife's options at the CBSA knowing that we have a sponsorship application in process since 14 months. Her interview is in the first week of January 2023, is there anything we should do before that? Like talking to an MP, calling IRCC to ask for AIP, etc....?
Would having an application in process defer any possible departure order? Would applying for PRRA a good idea to buy some time, and is allowed?

Your kind feedback is highly appreciated.
Many thanks

IMO the MP can't really help. IRCC will also not speed up the processing of your application or AIP. You can bring a lawyer with you to the CBSA interview if you wish. And yes, the fact she has an application in progress should definitely help her case and should prevent her from being removed. Bring evidence that the application is in progress including the AOR from Quebec for the CSQ.

You cannot apply for PRRA proactively. CBSA must notify you that you may apply for PRRA before you can submit the application.

 

[Hadysaade]

IMO the MP can't really help. IRCC will also not speed up the processing of your application or AIP. You can bring a lawyer with you to the CBSA interview if you wish. And yes, the fact she has an application in progress should definitely help her case and should prevent her from being removed. Bring evidence that the application is in progress including the AOR from Quebec for the CSQ.

You cannot apply for PRRA proactively. CBSA must notify you that you may apply for PRRA before you can submit the application.

Thank you for your feedback.
I will bring all the documents related to my application, hope the agent will be nice and give us some time.
Do you think there might be a risk of having her detained and removed right after that?
Thanks

 

[scylla]

Thank you for your feedback.
I will bring all the documents related to my application, hope the agent will be nice and give us some time.
Do you think there might be a risk of having her detained and removed right after that?
Thanks

To the best of my knowledge, CBSA never detains someone on the spot. I think worst case you get a date for your departure.

Definitely show up to the appointment. Don't skip the appointment.

 

[Ponga]

The following is from IP-08 (Inland Processing Manual) from IRCC:




5.14 Requirements to be granted permanent residence in the spouse or common-law partner in-Canada class

Legislative requirements for the sponsor:
Under R130, a sponsor must be a Canadian citizen or permanent resident who




is at least 18 years of age;

resides in Canada [refer to IP 2, Section 5.10 if R130(2) applies].


Under R133, a sponsorship application shall only be approved if there is evidence that the sponsor

is not subject to a removal order;

(from page 21)-

Note: The requirement not to be inadmissible for reasons of lack of status may be waived by the spousal public policy (see Appendix A).




5.27 Lawful temporary resident status in Canada

Under the current Regulations, applicants in this spouse or common-law partner in Canada class must have a valid temporary resident status on the date of application and on the date they receive permanent resident status to be eligible to become members of the class. However, applicants who lack status as defined under the spousal public policy (see Appendix A) may be granted permanent residence so long as they meet all the other requirements of the class, i.e., they are not inadmissible for reasons other than "lack of status". Applicants who do not have temporary resident status and who cannot be granted positive consideration under the spousal public policy can be removed at any time. --- So, why has CBSA determined that the OP `cannot be granted a positive consideration'? That decision would seem to be one that is made by IRCC, not CBSA. Unless the OP was already deemed to be `Removal Ready' by CBSA, before they submitted the spousal sponsorship application, shouldn't they be able to benefit from the Public Policy?

 

[Ponga]

Hello
In October 2021, I filed an inland spousal sponsorship for my wife who had lost her PR due to not meeting her RO and has been without status since 2019. She passed her medical and had her Biometrics in March 2022 and it's been a complete silence until last month when we received a request to apply for CSQ and my eligibility as a Sponsar started. Today we received an AOR from Quebec immigration for the CSQ application and we received also a letter for an Interview from CBSA.
What would be my wife's options at the CBSA knowing that we have a sponsorship application in process since 14 months. Her interview is in the first week of January 2023, is there anything we should do before that? Like talking to an MP, calling IRCC to ask for AIP, etc....?
Would having an application in process defer any possible departure order? Would applying for PRRA a good idea to buy some time, and is allowed?

Your kind feedback is highly appreciated.
Many thanks

Was your wife ever issued a 44(1) report for not meeting the Residency Obligation to have maintained her PR status? If she was, that would seem to explain the situation she is now facing with CBSA.

 

[canadian416]

This is odd.I dont know much about Quebec law but it is my first time hearing CBSA doing interviews. I am not sure if Quebec has its own CBSA agents. As far as I know CBSA is federal, not provincial.



How did your wife lose her PR status in the first place??? Sorry to hear that @Hadysaade


Are you a Canadian citizen or PR?

My uncle is a Canadian citizen and he lives in Sweden with his wife and kids.

His wife has a PR. His wife's PR card expired 6 months. She was able to renew her PR card recently.

IRCC has asked some documents as you can imagine. He provided the requested documents that proved they live together under the same roof in Sweden and she got her PR card renewed.

My uncle still owns his house and paying mortgage and has a rental income from the same house. He is still considered as a resident of Ontario as he has strong ties home.

 

[scylla]

This is odd.I dont know much about Quebec law but it is my first time hearing CBSA doing interviews. I am not sure if Quebec has its own CBSA agents. As far as I know CBSA is federal, not provincial.



How did your wife lose her PR status in the first place??? Sorry to hear that @Hadysaade


Are you a Canadian citizen or PR?

My uncle is a Canadian citizen and he lives in Sweden with his wife and kids.

His wife has a PR. His wife's PR card expired 6 months. She was able to renew her PR card recently.

IRCC has asked some documents as you can imagine. He provided the requested documents that proved they live together under the same roof in Sweden and she got her PR card renewed.

My uncle still owns his house and paying mortgage and has a rental income from the same house. He is still considered as a resident of Ontario as he has strong ties home.

CBSA interviews are normal where departure orders are involved. This isn't an interview related to the sponsorship application. It's regarding the overstay / departure order.

 

[Hadysaade]

CBSA interviews are normal where departure orders are involved. This isn't an interview related to the sponsorship application. It's regarding the overstay / departure order.

My wife was issued report 44(1) in 2014 due to not meeting her RO. We appealed and lost and later took it to a higher court and lost it, and after that we applied for PR under H&C and it was refused in mid of 2019. During these back and forth applications and appeals I crossed the border mid of 2018, waited two years plus until I was able to renew my PR card and have in possession the physical card to apply for inland spousal sponsorship for my wife in October 2021.
Now after 14 months the CBSA sent us the letter.
VERY IMPORTANT:
Please @scylla and @Ponga and others who may have feedback to the following information: I have heard from a consultant that my wife should not worry about the interview because it says "In order to update your file you must report as to the Canada Border Service Agency" and it does not say "In order to discuss your deportation......"
Is this true? He added that We definitely should attend the interview and need to take with us all the communication with IRCC including Biometrics and medical proof, CSQ AOR, etc... in order to show that there has been a spousal sponsorship application since 14 months

Please advise if this information is accurate, or if the risk of issuance of departure order is still there

Many thanks

 

[scylla]

My wife was issued report 44(1) in 2014 due to not meeting her RO. We appealed and lost and later took it to a higher court and lost it, and after that we applied for PR under H&C and it was refused in mid of 2019. During these back and forth applications and appeals I crossed the border mid of 2018, waited two years plus until I was able to renew my PR card and have in possession the physical card to apply for inland spousal sponsorship for my wife in October 2021.
Now after 14 months the CBSA sent us the letter.
VERY IMPORTANT:
Please @scylla and @Ponga and others who may have feedback to the following information: I have heard from a consultant that my wife should not worry about the interview because it says "In order to update your file you must report as to the Canada Border Service Agency" and it does not say "In order to discuss your deportation......"
Is this true? He added that We definitely should attend the interview and need to take with us all the communication with IRCC including Biometrics and medical proof, CSQ AOR, etc... in order to show that there has been a spousal sponsorship application since 14 months

Please advise if this information is accurate, or if the risk of issuance of departure order is still there

Many thanks

I don't think I've ever heard a CBSA communication specifically mention a departure order or deportation. To the best of my knowledge, the communications are general and basically say you must appear for an in person interview or something along those lines.

 

[Hadysaade]

I don't think I've ever heard a CBSA communication specifically mention a departure order or deportation. To the best of my knowledge, the communications are general and basically say you must appear for an in person interview or something along those lines.

Thank you

 

[Ponga]

My wife was issued report 44(1) in 2014 due to not meeting her RO. We appealed and lost and later took it to a higher court and lost it, and after that we applied for PR under H&C and it was refused in mid of 2019.

That explains why she has received the letter from CBSA. It sounds like she may in fact be Removal Ready, since she lost the appeal 3 years ago.

Good luck!

 

[canuck78]

This is odd.I dont know much about Quebec law but it is my first time hearing CBSA doing interviews. I am not sure if Quebec has its own CBSA agents. As far as I know CBSA is federal, not provincial.



How did your wife lose her PR status in the first place??? Sorry to hear that @Hadysaade


Are you a Canadian citizen or PR?

My uncle is a Canadian citizen and he lives in Sweden with his wife and kids.

His wife has a PR. His wife's PR card expired 6 months. She was able to renew her PR card recently.

IRCC has asked some documents as you can imagine. He provided the requested documents that proved they live together under the same roof in Sweden and she got her PR card renewed.

My uncle still owns his house and paying mortgage and has a rental income from the same house. He is still considered as a resident of Ontario as he has strong ties home.

Your uncle isn’t a resident if he living in Sweden and needs to inform CRA of his change of residency status. He may still be a tax resident but a home that he is renting out may not make him a tax resident. If he has other assets in Canada like savings accounts that may make him a tax resident. CRA has a service that allows them to help you determine whether you are a tax resident or not. I would suggest he contact CRA to determine if he is a tax resident if he has not done so already. The family also is required to contact the provincial healthcare provider to tell them they are no longer living in Canada. Not taking the correct residency status or tax residency status with CRA could lead to you paying or owing a substantial amount to CRA. It is in his best interest to sort out his residency and tax residency status as soon as possible with CRA if he has not done so. You may not be privy to what he has done and are just aware that hep is wife renewed her PR status which is also different than being a resident of Canada.

 

[canadian416]

Your uncle isn’t a resident if he living in Sweden and needs to inform CRA of his change of residency status. He may still be a tax resident but a home that he is renting out may not make him a tax resident. If he has other assets in Canada like savings accounts that may make him a tax resident. CRA has a service that allows them to help you determine whether you are a tax resident or not. I would suggest he contact CRA to determine if he is a tax resident if he has not done so already. The family also is required to contact the provincial healthcare provider to tell them they are no longer living in Canada. Not taking the correct residency status or tax residency status with CRA could lead to you paying or owing a substantial amount to CRA. It is in his best interest to sort out his residency and tax residency status as soon as possible with CRA if he has not done so. You may not be privy to what he has done and are just aware that hep is wife renewed her PR status which is also different than being a resident of Canada.

@canuck78, thank you for your feedback. You might be overthinking a bit. My uncle is a tax resident in Canada and a resident of Canada. He has a mortgage and rented out his place and declared it as a rental income, still working for the same Canadian company and on a payroll and issued T4 and T5 annually. He also has his Canadian bank accounts, credit cards, etc.. He just lives overseas. I know this because I file his taxes for him.

There is a questionnaire on CRA's website that confirms his tax residency. No need to contact CRA.

Renewing a PR card has nothing to do with your with your healthcare. Your healthcare, in this case OHIP, is provincial. As you may aware, provincial ON government does not issue or renew PR Cards. PR cards are federal and healthcare/healthcare is provincial. Therefore, whether you are being an ON resident or not does not have much to do with renewing your PR cards

Your PR card will still renewed even if you do not live in ON or have a provincial healthcare.

You can apply for renewing your PR card if you are overseas as long as you are still married to a Canadian and living under the same roof overseas.

Thanks again.

 

[canuck78]

@canuck78, thank you for your feedback. You might be overthinking a bit. My uncle is a tax resident in Canada and a resident of Canada. He has a mortgage and rented out his place and declared it as a rental income, still working for the same Canadian company and on a payroll and issued T4 and T5 annually. He also has his Canadian bank accounts, credit cards, etc.. He just lives overseas. I know this because I file his taxes for him.

There is a questionnaire on CRA's website that confirms his tax residency. No need to contact CRA.

Renewing a PR card has nothing to do with your with your healthcare. Your healthcare, in this case OHIP, is provincial. As you may aware, provincial ON government does not issue or renew PR Cards. PR cards are federal and healthcare/healthcare is provincial. Therefore, whether you are being an ON resident or not does not have much to do with renewing your PR cards

Your PR card will still renewed even if you do not live in ON or have a provincial healthcare.

You can apply for renewing your PR card if you are overseas as long as you are still married to a Canadian and living under the same roof overseas.

Thanks again.

If he is living in Sweden he is NOT a resident of Canada he is a resident of Sweden. He may be a tax resident but you don’t need to be a resident to be a tax resident. You can also be a permanent resident but not a resident of Canada. You also may not be entitled to receive some benefits if you live abroad and are not a resident of Canada. For example double dipping when it comes to child benefits in both Sweden and Canada are likely not allowed. If he is living abroad full time his employer should be paying him as a resident of Sweden which will have payroll implications. I also said that renewing your PR card isn’t the same as being a resident. Doesn’t prevent you from having to notify provincial healthcare authorities that you aren’t currently a resident of the province or having to notify CRA that you are living abroad which you are required to do and is different than declaring that you are not a tax resident or permanent resident.