Hey guys I just thought id share my experience for anyone applying out of status in canada class, my husband has been out of status and had a random police stop where they questioned his status here in canada , they found out he was out of status and immigration officer took over , we did not send our application out yet but I showed the immigration officers how it was Almost complete and they had no care in the world if we had submitted it or not , my husband was issued an exclusion order and will have to leave canada leaving his 2 children and myself behind , so maybe don't believe everything you here when applying out of status in canada , hopefully more people are lucky then us! Good luck
Out of status while applying for spousal
- Thread starter Zakmalik
- Start date
Yes he received that, his country is currently in war so he is able to stay until the boarder opens back up but we don't know how long he has could be 2weeks could be 1 month we don't know... Trying to think of anything we can do to get him to stay but haven't come up with anything sending sponsorship application they told us is useless
I'm not sure what you are referring to by saying that.Zakmalik said:Hey guys I just thought id share my experience for anyone applying out of status in canada class, my husband has been out of status and had a random police stop where they questioned his status here in canada , they found out he was out of status and immigration officer took over , we did not send our application out yet but I showed the immigration officers how it was Almost complete and they had no care in the world if we had submitted it or not , my husband was issued an exclusion order and will have to leave canada leaving his 2 children and myself behind , so maybe don't believe everything you here when applying out of status in canada , hopefully more people are lucky then us! Good luck
It's truly unfortunate that this has happened to your family, but since he had not submitted an Inland or Outland application, before he was reported, doesn't mean that `something' is wrong with the system. Your husband needs to adhere to the order to leave, because if he does not comply, he could end up with a full blown Deportation Order, which would make things even worse!
This should be a somber reminder to those that are in Canada without status, to submit an application ASAP!
Good luck to you and your family.
Probably not, because if had submitted an application before he was stopped by the police...immigration might not have started the removal process.Help22 said:Omg this terrible if he had submitted it would it have been canacelled ?
He CANNOT leave even though he has a removal order because his Country is at war , he is allowed to stay only until the no travel order from his country is lifted , I asked immigration officers if it would have mattered if we already had submitted the application they said no he would have been removed either way . So what I'm
Saying is in my case it didn't matter if we had an application or not In he would be removed!
Saying is in my case it didn't matter if we had an application or not In he would be removed!
Does anyone know of anytbing else we can do ? My children cannot be without there father for a year and going to his country is not safe for us at all ,
It's not even safe for my husband , there's also a no travel advisory for that country what are some options here ??
It's not even safe for my husband , there's also a no travel advisory for that country what are some options here ??
The only obvious thing you can do now is to contact a very good lawyer. Perhaps he can file a spousal H&C application, but it may even be too late for that.Zakmalik said:He CANNOT leave even though he has a removal order because his Country is at war , he is allowed to stay only until the no travel order from his country is lifted , I asked immigration officers if it would have mattered if we already had submitted the application they said no he would have been removed either way . So what I'm
Saying is in my case it didn't matter if we had an application or not In he would be removed!
One person here, that had been out of status for a few years, had an unexpected visit from CBSA at her home. They gave her time to submit an Inland application (which she did) and has now received sponsor approval.
Why do you think your husband was not offered the same courtesy? Had he had any prior dealings/problems with immigration or CBSA?
This is information from CIC's IP8 document:
When is a client removal ready?
For the purposes of this public policy, by the time an applicant attends a pre-removal interview, he/she is generally removal ready. This means that a client who has been called to a pre-removal interview by any means (letter, call etc.) and who has not already applied as a spousal H&C applicant or a Spouse or Common-law Partner in Canada class applicant, cannot, from the point they are called to the interview forward, benefit from an administrative deferral of removal as outlined in this public policy except in the limited circumstances outlined below (transitional cases).
As is the case now, clients with a pending H&C application who are removed from Canada while their application is being considered will be able to return to Canada if a positive decision is rendered.
. Yes we are contacting a lawyer he also told us H&C grounds, he has never had any problems with them before he has only been out of status no convictions or anything , because of the war in his country he is able to stay for now until the war is over all the officers told him is try and fix your status while you wait so the lawyer told me he is entitles to a open work permit because of section 206 in the immigration actPonga said:The only obvious thing you can do now is to contact a very good lawyer. Perhaps he can file a spousal H&C application, but it may even be too late for that.
One person here, that had been out of status for a few years, had an unexpected visit from CBSA at her home. They gave her time to submit an Inland application (which she did) and has now received sponsor approval.
Why do you think your husband was not offered the same courtesy? Had he had any prior dealings/problems with immigration or CBSA?
This is information from CIC's IP8 document:
When is a client removal ready?
For the purposes of this public policy, by the time an applicant attends a pre-removal interview, he/she is generally removal ready. This means that a client who has been called to a pre-removal interview by any means (letter, call etc.) and who has not already applied as a spousal H&C applicant or a Spouse or Common-law Partner in Canada class applicant, cannot, from the point they are called to the interview forward, benefit from an administrative deferral of removal as outlined in this public policy except in the limited circumstances outlined below (transitional cases).
As is the case now, clients with a pending H&C application who are removed from Canada while their application is being considered will be able to return to Canada if a positive decision is rendered.
I've never heard that a person that is in Canada illegally is entitled to an open work permit...until now!Zakmalik said:. Yes we are contacting a lawyer he also told us H&C grounds, he has never had any problems with them before he has only been out of status no convictions or anything , because of the war in his country he is able to stay for now until the war is over all the officers told him is try and fix your status while you wait so the lawyer told me he is entitles to a open work permit because of section 206 in the immigration act
206. (1) A work permit may be issued under section 200 to a foreign national in Canada who cannot support themself without working, if the foreign national
(a) has made a claim for refugee protection that has been referred to the Refugee Protection Division but has not been determined; or
(b) is subject to an unenforceable removal order.
Since your husband cannot travel back to his home country, I guess he just might qualify for a temporary work permit, but...it's almost not even worth it is it?