My husband met with Canada Border Service. Help please..

[ama25]

My husband and I met in 2010 and we have been together for 6 years. He came here with a work visa that expired 5 years ago.
Together we have a 3 years old daughter, and plenty of evidence of our relationship. We got married in 2014 and now we have our application just about ready to be sent.(the reason we did not send it before was because of financial issue.) The thing is that a couple of weeks ago CBSA called my home and talked to him, they told him to meet with them in our local CBSA office. Once there they seized his passport, told him he was under arrest,(but didn't take any enforcement action against him and told him that this won't show in any police system or any of that, what I assumed is that it was maybe a protocol thing to say he was under arrest, I mean I don't know.) They also told him that he has to check with the CBSA every 2 weeks, and if we move we must let them know. Then they told us that they were gonna give us the opportunity to send the application for PR. They told us to get everything we need, then send the application and once we do that, we must call them and they then will contact CIC and ask them to take our application from the bottom to the top to see if we are approved in principal (basically to see if I meet the requirements to be a sponsor.) The officer said that if we are approved in principal then he will basically leave us alone until the application is processed and if My husband receives permanent resident status he will get his passport back but he he does not he will have to leave the country. He also told us that once we send our application for PR he will meet with us and this time there may be a counsel who will likely issue my husband an exclusion order but since the application will be in before that happens, my husband does not have to leave until CIC determines if I meet the requirements to sponsor him, and if I do, then we will have until he gets his PR or he is refused. He said that CIC will want to know whether we are a genuine couple or not.


My questions are, will CIC know about this meeting with CBSA? We asked the officer we met with and asked him if we should write a note telling them about it, but he said that what we did during that meeting has nothing to do with our application. I asked him that if we don't tell CIC, won't they see that we are hiding something or we misrepresented ourselves, but he said that they won't.

A guy I know told us that we should disclose this information with CIC but we are so confused that we don't know what to do.


By the way, the reason my husband stayed was because I almost died and had no one to look after me, and he was the only person there with me during an entire year of hardship I went through. After that we struggled financially since he is not allowed to work. However, I never took any welfare or assistance from the government.

 

[methyl]

There's no question on the forms whether you met with CBSA.
There are other questions like what is your status, a list of activities of what the applicant was doing in various times. Also if there is any deportation order.

You don't need to add your free-form descriptions of interactions with CBSA. Just fill the forms according to what CIC asks.

 

[Ponga]

It sounds like CBSA is really trying to help you and your husband. Since he is technical `Removal Ready' now, and should not benefit from the Public Policy and Deferral of Removal from CBSA (as shown in CIC document IP8), the fact that they're allowing him to submit an Inland application ASAP might be a good sign. Of course, there is no guarantee that CIC will process the application to reach AIP stage within 60 days, as CBSA will merely `request' that they do. If they do not, he could be removed.

Good luck!

 

[Ponga]

Once there they seized his passport, told him he was under arrest,(but didn't take any enforcement action against him and told him that this won't show in any police system or any of that, what I assumed is that it was maybe a protocol thing to say he was under arrest, I mean I don't know.)

One of the questions will ask if he has ever been arrested. He will have to answer yes and explain this situation.

If he doesn't answer truthfully, he will be at risk of being denied based on misrepresentation.

 

[Maggie03]

You are lucky the CBSA officer is willing to help you, no matter what you do please comply to report to them as required, here what going to happen, you need to submit your application for sponsorship asap, gather all evidence and fill up all the forms and dont hide anything as it could end up bad for your husband.

Once you filed in your application and you let the CBSA officer know he then will be in contact to CIC, your processing VO to expedite the stage 1 which include SA & AIP, if your husband get AIP then CBSA will leave him alone until your sponsorship process is done.

About the seized passport on your sponsorship final process once the day your husband landing CIC will obtain it from CBSA and hand over to him
If your husband did not get AIP then he could face deportation and the passport will be given to him when he boarding the plane

hope this helps

 

[ama25]

Thanks for your answer.

The thing that confuses me is that the CBSA officer told us that we don't need to tell CIC about our meeting or any of what went on there.

So, in this case what should I do?

 

[profiler]

Thanks for your answer.

The thing that confuses me is that the CBSA officer told us that we don't need to tell CIC about our meeting or any of what went on there.

So, in this case what should I do?

As others suggested, be upfront with it, in the application forms. If asked about interactions with police, talk about the CBSA encounter.

 

[Ponga]

Thanks for your answer.

The thing that confuses me is that the CBSA officer told us that we don't need to tell CIC about our meeting or any of what went on there.

So, in this case what should I do?

IMM5669E question 6(i):

Have you ever been detained, incarcerated or put in jail?

The correct answer is yes, to which you will then need to explain.


Besides...what makes you/him think that CIC isn't already aware of this? CIC likely knows that he's been in Canada without status for years.

Lying on the application would be a very bad idea.

 

[profiler]

IMM5669E question 6(i):

Have you ever been detained, incarcerated or put in jail?

The correct answer is yes, to which you will then need to explain.


Besides...what makes you/him think that CIC isn't already aware of this? CIC likely knows that he's been in Canada without status for years.

Lying on the application would be a very bad idea.

+1 here. I worked with a guy who used to develop software for high-level government agencies in Ottawa. GCMS is apparently integrated and used by CBSA as well.

 

[canadianwoman]

I agree as well. CIC already knows about this, or will soon find out after you submit the application. Not mentioning it won't help, since they will find out anyway. Not mentioning it might be seen as misrepresentation. Telling CIC about it in the application won't hurt - even if the visa officer does not think it needed to be mentioned, since they will know about it anyway telling them will not harm your application.

I would answer 'yes' to queston 6(i) and explain. The CBSA officer may or may not be correct in what he told you.