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Out of status- CBSA visit. Exclusion order..help!!

david_gat88

Hero Member
Jul 4, 2018
398
240
my husband has got a letter of notice to appear for out status interview. We have submitted out sponsorship app in December but still no AOR..so im hoping the CBSA officer is kind and doesn't give exclusion order to my husband.
Did you have an AOR before the interview date?

My understanding is that the deferral is only in place if you have a AOR?

I sent my application in for my spouse In land sponsorship December 11 2018. No AOR yet..

And my spouse has a CBSA interview for out of status on January 8th 2019. We only have recipet that says we sent our application in.

Will that suffice for a deferral of removal. ?
Yes, we sent our application in July 25 2017, recieved AOR in September and got the CBSA interview in February 2018, where they gave me an exclusion order, I have been signing at their office every week since March 2018, I also waved PRRA.
They will know that you have an application on file, but take the receipt just in case. Please let us know what your outcome is.
 
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Canadianguy1989

Star Member
Nov 26, 2018
170
106
Yes, we sent our application in July 25 2017, recieved AOR in September and got the CBSA interview in February 2018, where they gave me an exclusion order, I have been signing at their office every week since March 2018, I also waved PRRA.
They will know that you have an application on file, but take the receipt just in case. Please let us know what your outcome is.
But you had an AOR prior to CBSA meeting, that means you where ok, we don't have AOR...which is why im worried :(
 

david_gat88

Hero Member
Jul 4, 2018
398
240
But you had an AOR prior to CBSA meeting, that means you where ok, we don't have AOR...which is why im worried :(
I don't think you should worry, they might give your husband an exclusion order but they will still wait for a decision in your application. How long has he been out of status?
 

canvis2006

Champion Member
Dec 27, 2009
2,382
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Toronto
Visa Office......
Paris, France
NOC Code......
FC4 - PGP
App. Filed.......
May 2009
Doc's Request.
March 2012
File Transfer...
Jan. 2013
Med's Request
May 2013
Passport Req..
July 2013
VISA ISSUED...
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LANDED..........
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Contact specialist immigration lawyers for help in these situations.
(Google them)
 

Missrebel801

Hero Member
Sep 27, 2017
239
47
Ontario
Category........
FAM
App. Filed.......
13-04-2018
AOR Received.
8-05-2018
Med's Request
03-10-2018
Med's Done....
17-10-2018
I can't answer any of your questions but hope it goes well. Good luck.
Oh i have no questions. Just updating for those who have followed our situation. But thank u so much .
 
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Missrebel801

Hero Member
Sep 27, 2017
239
47
Ontario
Category........
FAM
App. Filed.......
13-04-2018
AOR Received.
8-05-2018
Med's Request
03-10-2018
Med's Done....
17-10-2018
I don't think you should worry, they might give your husband an exclusion order but they will still wait for a decision in your application. How long has he been out of status?
It depends which meeting u r referring to. The 1st meeting with cbsa in our city the day after they came to my door for hubby and told him to turn himself in, the day he was given the exclusion order, we did not even have our app in yet. It was complete and i showed it to officer when he was at my house. We were only waiting for police certificate to arruve from jamaica through courier ( in 2 more days) which is why they were so easy on us im assuming . Officer said technically he could have gave us prra app then but that he was gonna stall in order for us to get our app in. But if Toronto office sent us letter before he did it was out if bis hands. He never did give us the app but Toronto finally sent us letter for a meeting jan 12. So im not sure when they say if u got aor before meeting if they mean 1st meeting where we got the exclusion order from our local office or if they mean 1st meeting with Toronto office where they will issue prra app
 

david_gat88

Hero Member
Jul 4, 2018
398
240
It depends which meeting u r referring to. The 1st meeting with cbsa in our city the day after they came to my door for hubby and told him to turn himself in, the day he was given the exclusion order, we did not even have our app in yet. It was complete and i showed it to officer when he was at my house. We were only waiting for police certificate to arruve from jamaica through courier ( in 2 more days) which is why they were so easy on us im assuming . Officer said technically he could have gave us prra app then but that he was gonna stall in order for us to get our app in. But if Toronto office sent us letter before he did it was out if bis hands. He never did give us the app but Toronto finally sent us letter for a meeting jan 12. So im not sure when they say if u got aor before meeting if they mean 1st meeting where we got the exclusion order from our local office or if they mean 1st meeting with Toronto office where they will issue prra app
Did you have a second interview with them? I just have one interview and they hand me everything there, PRRA and exclusion order.
 

Shyne_12

Member
Jan 4, 2019
11
8
Hello there I’m in a similar situation,got an exclusion order but we still sent in our application,right now it’s in process but I had to change address on CBSA.
 

Missrebel801

Hero Member
Sep 27, 2017
239
47
Ontario
Category........
FAM
App. Filed.......
13-04-2018
AOR Received.
8-05-2018
Med's Request
03-10-2018
Med's Done....
17-10-2018
Did you have a second interview with them? I just have one interview and they hand me everything there, PRRA and exclusion order.
No. Cbsa came to our door. Hubby wasnt here. He had to turn himself in the next day. There he was given exclusion order and put on administrative arrest. Let go with condition to sign in once a month. Officer said he should have given us prra app then but he was gonna hold off till hubbys 1st sign in appt so we could get our sponsorship app in. It was complete but i hadn't sent it yet. He said if toronto office got ahold of us 1st then it would become out of his hands. For 10 months we didnt hear anything from the officer here or the office in toronto. Just the other day we got a letter from Toronto office saying hubby was subject to a removal order and we had a mandatory interview on jan 12. And at that time he would be informed of prra process. We are so close to AIP ..ughh
 

david_gat88

Hero Member
Jul 4, 2018
398
240
No. Cbsa came to our door. Hubby wasnt here. He had to turn himself in the next day. There he was given exclusion order and put on administrative arrest. Let go with condition to sign in once a month. Officer said he should have given us prra app then but he was gonna hold off till hubbys 1st sign in appt so we could get our sponsorship app in. It was complete but i hadn't sent it yet. He said if toronto office got ahold of us 1st then it would become out of his hands. For 10 months we didnt hear anything from the officer here or the office in toronto. Just the other day we got a letter from Toronto office saying hubby was subject to a removal order and we had a mandatory interview on jan 12. And at that time he would be informed of prra process. We are so close to AIP ..ughh
That's strange to me. What I assume that could happen is: He'll get the PRRA, they'll give you 15 days to either wave it or gather all information and documents, after that, you guys will be waiting again.
I would recommend you to have a copy of the administrative deferral of removal, just so they know your aware of it.

Since your application is in progress I think they will give you the chance to have a decision from IRCC.
 

Missrebel801

Hero Member
Sep 27, 2017
239
47
Ontario
Category........
FAM
App. Filed.......
13-04-2018
AOR Received.
8-05-2018
Med's Request
03-10-2018
Med's Done....
17-10-2018
That's strange to me. What I assume that could happen is: He'll get the PRRA, they'll give you 15 days to either wave it or gather all information and documents, after that, you guys will be waiting again.
I would recommend you to have a copy of the administrative deferral of removal, just so they know your aware of it.

Since your application is in progress I think they will give you the chance to have a decision from IRCC.
There was no deferral of removal that I’m aware of. U mean at the appt on the 12th?
 

david_gat88

Hero Member
Jul 4, 2018
398
240
There was no deferral of removal that I’m aware of. U mean at the appt on the 12th?
Deferral of removal is just their policy that states an out of status applicant is allow to apply for PR under spousal sponsorship, so they basically can't remove a person until a decision is made.
 

BABESANDI

Star Member
Jan 5, 2019
147
61
No. Cbsa came to our door. Hubby wasnt here. He had to turn himself in the next day. There he was given exclusion order and put on administrative arrest. Let go with condition to sign in once a month. Officer said he should have given us prra app then but he was gonna hold off till hubbys 1st sign in appt so we could get our sponsorship app in. It was complete but i hadn't sent it yet. He said if toronto office got ahold of us 1st then it would become out of his hands. For 10 months we didnt hear anything from the officer here or the office in toronto. Just the other day we got a letter from Toronto office saying hubby was subject to a removal order and we had a mandatory interview on jan 12. And at that time he would be informed of prra process. We are so close to AIP ..ughh
The same thing happen to my hubby, we were in the process of getting the application completed, and cbsa came to the door from the police record he did, for us things didnt work as plan hubby was a sign in process before as he had filed for humanitarian compassionate grounds and was declined, while that was going through he was signing but after it was declined he just stopped signing in so a warrant was issued for his arrest, he was sent a letter for interview back then which he didnt get since had moved. Now cbsa helf him and will be sending him home. Am just devastated, because I know this will impact our sponsership.
 

BABESANDI

Star Member
Jan 5, 2019
147
61
Hi. Do you have a lawyer? (Not a consultant)
I dont know what is the best option for you aside of consulting a lawyer.
I know that there is a wave/removal of the exclusion in case the out of status person had sent a sponsorship application when they receive the exclusion order. In your case your husband received it before applying for PR.. I would strongly recommend you to talk to a lawyer. Hope you find the best solution and his PR application finishes soon.
My hubby recieved his exclusion order before our application was submitted and he has to leave. I am going to apply for out land instead since he wont be here, I have a lawyer who was assisting throughout the process but now am finding everything is just money money for them. Am just scared they wont let my husband come back since he was here and had to be sent back for over stay. What r our chances of him being allowed to come back.
 

Betabr

Hero Member
Mar 21, 2018
224
85
My hubby recieved his exclusion order before our application was submitted and he has to leave. I am going to apply for out land instead since he wont be here, I have a lawyer who was assisting throughout the process but now am finding everything is just money money for them. Am just scared they wont let my husband come back since he was here and had to be sent back for over stay. What r our chances of him being allowed to come back.
From my understanding if he was issued a warrant for arrest he has received a deportation order. If I am right and he is being deported he is becoming inadmissible to re-enter Canada (when deported a person is banned from Canada permanently). In order to apply for the sponsorship outland he needs to apply to an Authorization to Return to Canada (ARC) and convince the immigration officer that he deserves to be back.

I know that what was done its done, but just in case someone is in a similar situation of being caught by the CBSA before applying for the sponsorship (and CBSA does not give the person a chance to send the application prior to the exclusion order is issued) and is reading this thread... The best option is to leave the country and apply outland before getting a deportation order.
 
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