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NEED HELP My Spouse Issue

char1es

Star Member
Sep 9, 2016
101
2
Hi Everyone. I have posted my situation before on the forum. At the moment, I received PPR, I want to reconcile with my ex spouse who was overstayed in Canada around 10 years and applied H&C before. Here is the update issue. Anyone can give me some idea?

[This letter he asked the officer whether he got any removal order before]

CBSA did not send you any removal order.

You are only the subject of 44(1) report alleging that you are in Canada without authorization. That is why you were scheduled for two proceeding at our office with me. A removal order has not yet been issued. You may leave Canada voluntarily no later than XXX and confirm your departure at the airport with CBSA before you leave. Take your boarding pass and passport.

If you do not leave and confirm your departure, then I may issue a removal order against you and send the file to CBSA for a warrant for arrest and removal procedures.

Please refer to my email dated XXX.

Please email me a copy of your airline ticket once you have it.

Thank you.

[This one he asked the officer whether he is inadmissible]
If you leave Canada by XXX and confirm your departure, then I will not issue a removal order against you.

If you do not leave by XXX , then an order will be issued and file sent to CBSA for your removal.

Right now it is alleged that you are inadmissible pursuant to 41(a), 29(2) of the Immigration and Refugee Protection Act which states"
" The requirement of subsection 29(2) of the Act that a temporary resident must comply with any conditions imposed under the Regulations and with any requirements under this Act and must leave Canada by the end of authorized for their stay".

If you leave Canada before XXX, then a removal order will not be issued and you are free to apply for any type of visa to return to Canada , that you wish. Normal Immigration requirements will apply and you will be processed on a "case by case basis" to ensure that you meet the Immigration requirements to come to Canada. The decision will be made at the visa office and there will not be a removal order against you, if you leave by XXX.

Please send me the airline ticket to leave by XXX, a further date in XXX will not be accepted for your departure.

Please address me by my surname in any further correspondence. Thank you.


If I add him in my application right now, will his inadmissible affect my case now? Thanks
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
char1es said:
Anyone has some ideas about it? Thanks
Yes, get professional advice from a Canadian immigration lawyer. There are potentially many issues that need to be clarified and resolved. Your case is sufficiently complex that you require assistance outside this forum. If you get this wrong you may either lose your chance at PR or you may never be able to bring your ex-spouse to Canada. Are you divorced, legally separated or just informally separated?
 

char1es

Star Member
Sep 9, 2016
101
2
zardoz said:
Yes, get professional advice from a Canadian immigration lawyer. There are potentially many issues that need to be clarified and resolved. Your case is sufficiently complex that you require assistance outside this forum. If you get this wrong you may either lose your chance at PR or you may never be able to bring your ex-spouse to Canada. Are you divorced, legally separated or just informally separated?
I was legally separated when I submit my application and I am still legally separated now. I am planning to reconcile with my ex but not yet.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
char1es said:
I was legally separated when I submit my application and I am still legally separated now. I am planning to reconcile with my ex but not yet.
See a lawyer... Seriously.