Need advise ASAP - Fiance refugee claim denied today****

[PMM]

HI

hmm this is very interesting.
thanks for the bulletin!! im going to read this!


but they are filing an appeal i believe, so that may cause a delay... if your still allowed to file appeals the same as before..

Removals are NOT stopped for leave to appeal to the Federal Court.

Re-read reply realized didn't type NOT

 

[LeisaP]

HI


Removals are stopped for leave to appeal to the Federal Court.

okay thanks!.

i just read the bulletin.
so pretty much the majority of refugees wont get to apply for PRAA anymore.
because not many go into the 12 months. This will definatly speed up getting failed refugees out faster, which is what they have been wanting to do for a while. interesting.

 

[computergeek]

Another question, I was on another site and it was giving questions to answer to know if your eligible to sponsor, one was if family members of the person doing the sponsorship had
Run in with the law. Will this affect our application of my father has
Been found guilty of a crime?

The usual issue is if the sponsor has had issues with respect to domestic violence in the past - that generally creates a bar to sponsorship. I have not read anything that suggests the criminal record of someone other than the sponsor can cause the sponsor to be ineligible. Of course, if the applicant(s) have any criminal issues that will impact the application, but not the sponsor's eligibility.

 

[mimi263]

Ok so I'm clear, even with filing an appeal to the denied claim they will still give him a removal order?

So with our wedding only 5 weeks away he may be asked to leave before then????

Please I need clairification!

Thanks

 

[LeisaP]

Ok so I'm clear, even with filing an appeal to the denied claim they will still give him a removal order?

So with our wedding only 5 weeks away he may be asked to leave before then????

Please I need clairification!

Thanks

Have you received the reasons for denial on paper yet? In the mail?
Or just in person at the hearing?
After the hearing they have to mail you the reasons in writing, have you reveived this?

 

[mimi263]

I believe he received it on paper. His lawyer received word and called him earlier this week and a package was mailed to him as well. He was out west working so the package was mailed to his friends place in Ottawa.

 

[LeisaP]

I believe he received it on paper. His lawyer received word and called him earlier this week and a package was mailed to him as well. He was out west working so the package was mailed to his friends place in Ottawa.

o okay. so if he has already received the package, since the praa is now removed I am not sure how long it will be.

before once we got the package, it took them 4 months to send us the praa. but now that the praa is not available pretty much. im not sure how long untill he will get a removal order.

but even if he does, they will drop off a letter with his date with the cbsa officer, which is about 4 days or so from when the letter comes. than once you meet with the officer they usually give you 30 days untill the removal.

i still believe you will be able to have your wedding, before the removal.

buttt that being said if you get a removal date before the wedding, its worth it to tell the cbsa officer that you have a wedding already planned and paid for. and ask them for a couple days extension, this is possible, especially because of a good reason.

so either way im sure you will be able to have your wedding, but your husband may have to leave shortly after.



and this is all assuming he doesnt get to appeal. if he does thats a different story.

 

[mimi263]

Thank you for the reply Leisa! I'm not sure when we'll receive the letter from the officer, we were told today the appeal was filed this past week. I'm not sure how this will affect the removal date, if it does? I'm praying it does!!!!

So here's advise we got, to marry as soon as possible so we can put in the sponsorship application. What do you guys think? I don't want to rush into something and it makes it seem like it was not natural. Our wedding is planned for late September and I really don't want to have to do a civil ceremony before our actual wedding.

Do you guys think we should do the civil ceremony before our actual wedding date, so we can start the spousal sponsorship?

Also looking at some of the threads on this forum, our relationship has really progressed from the time we met which was March of this year to our wedding of September, I know this is going to seem quiite soon for someone who doesn't know the progession of our relationship. What would you suggest are the best things to gather to "prove" our genuine relationship?

We'll be living at my parents place once were married, well we'll be there a few weeks before the wedding because I just moved back home 2 weeks ago.

I'd appreciate your thoughts.

Thanks

 

[D_8rane]

hey! there isnt many people on here that know the refugee process inside and out. but my husband was also a refugee (failed) so i know it pretty well!.

so first. your fiance was denied, has he received the paperwork in the mail yet stating all the reasons for beign denied? if not he will get that next. these papers can take 1 month-12 months to receive. it was about 6 months from the hearing date that we finally recieved the papers.

after this your fiance will receive a offer for PRAA. this could take another 3-8 months to receive.
One he receives this. if he wants to apply for PRAA he will have 30 days to submit the form asking for PRAA than he will have another 30 days or so (i cant quite remember ) to submit extra evidence. After the evidence is submitted it will take about 2-6 months for the PRR answer, which is NO 95% of the time.. alot of people do the PRAA to have extra time to get things in order. this is what we did, we did the praa because we werent quite ready to submit the sponsorship application. so it bought us some time.

Once you receive the answer for PRAA, CBSA officers will come to your fiances house and give him a letter with a date for him to meet with a CBSA officer. at this meeting they will give you a removal date! usually the maximum is 30 days but most people get 3 weeks, depends how nice the officer is.

than on the removal date your husband MUST leave canada before or on that day if he overstays they will put out an arrest warrant for him and come looking for him (very bad idea! it will make sponsoring him so much harder)

as for the work permit. no, even if he is denied he can still be approved for a work permit.

my husband was denied and 8 months later received his new work permit valid for one year.
although even if you have a work permit they wont let you stay any longer. (down side)

so you are planning to sponsor your fiance i assume?
hopeing you have a few months left before he is actually asked to leave.

get all your evidence together as soon as you can, make the evidence very strong!! and submit it as soon as you are married and have your marriage certificate! this way the process will be well underway and may be close to complete before he is even asked to leave

may i ask what country he is from??

if you have any more questions feel free to ask! like i said im quite familiar with the refugee process.

Hi. I had a hearing last week, april 12 and got denied. The minister said the negative decision will be mailed to me and from my understanding and own research, you can appeal within 15 days after you received the decision by mail. How long will it take to receive the letter after the hearing? What do you mean “paper work” in the mail and why it takes 1-12 months? Then I think within 30 days you have to perfect the appeal and send it to RAD. One more thing, can you appeal and at the same time, apply for H&C under the best interest of a child ground which is my daughter. She was born here. Also my work permit is expiring in 2 months and will renew it on monday. Im just worried about my refugee claimant document which is only valid for 2 years. It will expire next year april 2019. Will I be able to renew it while the appeal is on process? Pls help. Appreciate any reply. Thank you so much.