Person under deportation order got approval letter from CIC

[CDNPR2014]

Ok, I'll keep updating this I think interesting case. For me very interesting that: if person received AIP from CIC what can happens with his deportation/warrant order?


Thanks,
Regards,
DHudson.

actually, it's quite common for CIC to work with an inland applicant who is currently under risk of deportation and help them get through the AIP stage or finalization of PR application. So deportation orders don't necessarily = application rejection. If I remember correctly, there was a member on here that posted about this experience when I was going through the process in 2014. I think her name was BlueViolet?

 

[Ponga]

She never had a Deportation Order. She DID have an unexpected visit by two CBSA officers at her home, which started the process to have her removed BEFORE she submitted an application.

She landed in March.

 

[Dhudson]

She never had a Deportation Order. She DID have an unexpected visit by two CBSA officers at her home, which started the process to have her removed BEFORE she submitted an application.

She landed in March.

Yes, I know one story too: who went to CBSA after refugee case was rejected but he had sponsorship application in process at this time and CBSA officer allowed him to stay and wait.

But in this case : His refugee claimant was rejected in 2012 and he did not wait for CBSA 'invitation' , he just moved to different province and in 2014 got married and applied for PR.

Regards,
DHudson.

 

[Dhudson]

Hi everyone,
Just some new update of this file , May be somebody has idea is bad sign or not?

He forward me copy of his mail from CIC:
Dear .....:
This refers to the Application for Permanent Residence you made under the Spouse or Common-Law Partner in Canada Class.
Please be advised that your application has been transferred to a Canada Immigration Centre in (Local office in his province) for further assessment. The Canada Immigration Centre may contact you for an interview or to seek additional information or clarification. That office will make a final decision on your APR and communicate to you its decision.

Thanks,

Regards,
DHudson.

 

[CDNPR2014]

Hi everyone,
Just some new update of this file , May be somebody has idea is bad sign or not?

He forward me copy of his mail from CIC:
Dear .....:
This refers to the Application for Permanent Residence you made under the Spouse or Common-Law Partner in Canada Class.
Please be advised that your application has been transferred to a Canada Immigration Centre in (Local office in his province) for further assessment. The Canada Immigration Centre may contact you for an interview or to seek additional information or clarification. That office will make a final decision on your APR and communicate to you its decision.

Thanks,

Regards,
DHudson.

this seems to be a pretty standard letter about your file being transferred to a local office. i'd suggest looking in the inland thread about how long it takes to get further notification from that office. this isn't necessarily bad news, it is part of the inland process.

 

[Alurra71]

Hi everyone,
Just some new update of this file , May be somebody has idea is bad sign or not?

He forward me copy of his mail from CIC:
Dear .....:
This refers to the Application for Permanent Residence you made under the Spouse or Common-Law Partner in Canada Class.
Please be advised that your application has been transferred to a Canada Immigration Centre in (Local office in his province) for further assessment. The Canada Immigration Centre may contact you for an interview or to seek additional information or clarification. That office will make a final decision on your APR and communicate to you its decision.

Thanks,

Regards,
DHudson.

This usually indicates that there are now questions to the validity of his relationship with his wife. His application is now out of the mainstream 'timeline' for processing. He will have to wait for his local office to contact him for an in person interview to verify all of his data and his relationship. He can and should expect to heavily scrutinized at this interview to ensure he is not just using his marriage as a means to remain in Canada legally since he has a failed refugee claim.

As far as how long it will take from here? Since it is out of the mainstream timeline it could take months or years to complete and get a final decision.

 

[Ponga]

this seems to be a pretty standard letter about your file being transferred to a local office. i'd suggest looking in the inland thread about how long it takes to get further notification from that office. this isn't necessarily bad news, it is part of the inland process.

It's not the norm for most applicants. These types of interviews apply to Inland or Outland applicants where the officer has concerns about the applicant and/or the relationship.

 

[Dhudson]

This usually indicates that there are now questions to the validity of his relationship with his wife. His application is now out of the mainstream 'timeline' for processing. He will have to wait for his local office to contact him for an in person interview to verify all of his data and his relationship. He can and should expect to heavily scrutinized at this interview to ensure he is not just using his marriage as a means to remain in Canada legally since he has a failed refugee claim.

As far as how long it will take from here? Since it is out of the mainstream timeline it could take months or years to complete and get a final decision.

I am agree with Alurra71 (Thanks for answer) , looks like now CIC figured-out whats going on and there is "red flag" on his application.

Also I know (for sure) - his marriage was not fake and they still live together for close to two years already and there is very happy family.

But only what I cannot understand - "Does he has now legal status in Canada and his deportation order has been suspended (since he has a failed refugee claim and didn't leave Canada) or he is still under risk of deportation" ?!

Thanks,

Regards
DHudson.

 

[Ponga]

But only what I cannot understand - "Does he has now legal status in Canada and his deportation order has been suspended (since he has a failed refugee claim and didn't leave Canada) or he is still under risk of deportation" ?!

Thanks,

Regards
DHudson.

No, he does not have legal status and won't have legal status until he lands as a PR...if he's that lucky.

All persons without status remain out of status (even after they receive AIP), but many are allowed to remain in Canada because of the Public Policy [Inland applicants]. Those like your friend have a much more complicated case.

 

[Dhudson]

but many are allowed to remain in Canada because of the Public Policy [Inland applicants].

Who may allow him to remain in Canada because of the Public Policy or How he can know that he may stay in Canada while his application in process?


Thanks,

Regards,
DHudson.

 

[Ponga]

Who may allow him to remain in Canada because of the Public Policy or How he can know that he may stay in Canada while his application in process?


Thanks,

Regards,
DHudson.

If you haven't already, take a look at CIC's IP8 manual...or have your friend look at it.

 

[Ponga]

Since he has not yet received AIP, he may very well be Removal Ready.

Once an Inland applicant reaches the AIP stage, CBSA backs off. Without AIP...I don't think they do.

 

[Dhudson]

Since he has not yet received AIP, he may very well be Removal Ready.

Once an Inland applicant reaches the AIP stage, CBSA backs off. Without AIP...I don't think they do.

From my first post :

he received this letter:

This refers to the Application for Permanent Residence you made under the Spouse or Common-Law Partner in Canada Class.
It has been determined that you meet the eligibility requirements to apply for permanent residence as a member of the Spouse or Common-Law Partner in Canada Class. Please note that a final decision will not be made until all remaining requirements for becoming a permanent resident have been met. These requirements include medical, security and background checks for you and, if applicable, all of your family members, both in Canada and abroad, even if they are not applying to join you in Canada at this time. You cannot become a permanent resident until you and all your family members have met these requirements.
In order to continue processing your application, further information is required:
1. Valid passport
2. Criminal check ( fingerprint) by RCMP

This is the AIP or not ?

Thanks!

Regards,
DHudson,

 

[Ponga]

Yes, that is AIP, but you said that he received this AFTER that:

Hi everyone,
Just some new update of this file , May be somebody has idea is bad sign or not?

He forward me copy of his mail from CIC:
Dear .....:
This refers to the Application for Permanent Residence you made under the Spouse or Common-Law Partner in Canada Class.
Please be advised that your application has been transferred to a Canada Immigration Centre in (Local office in his province) for further assessment. The Canada Immigration Centre may contact you for an interview or to seek additional information or clarification. That office will make a final decision on your APR and communicate to you its decision.

Thanks,

Regards,
DHudson.

This seems to imply that although he has reached AIP, there are concerns about his relationship or there are inadmissibility concerns. I suspect the latter.

 

[Dhudson]

Yes, that is AIP, but you said that he received this AFTER that:

This seems to imply that although he has reached AIP, there are concerns about his relationship or there are inadmissibility concerns. I suspect the latter.

Thank You Ponga!

Will forward good news to him and will keep update on this post.