please advice me...im in a huge problem and badly need help

[abhi211984]

im a live-in caregiver and im about to file for my pr...im including my husband as my dependant..he is pakistani and is also a former refugee claimant in canada...he was refused and deported.
i read somewhere dat if my family member is criminal, have sm medical problem or is was a former refugee claimant...i wouldnt be able to get my pr.where i read dis was on canada immigration site..
i dont wat to do.. i love my husband and i dint waste my lifes 5 years to come to canada and be sent back jus for dis reason..and i cant leave my husband either...
i was told by lawyer dat my husband would need to file for ARC...but what are the chances? he was not a criminal nor does he have ne medical issues...i also heard ARC is accepted if u have a spouse in Canada...
please guys tell me what shud i do ?
should i divorce him till my process is done n remarry him and sponser him?
or shud i send my application wid him being my dependant
i really dont wanna go back and start from scratch ... i spent my lifes 5-6 years to reach to dis point dat i can apply for being permanant residency...and be for what i invested my time for...
please advice me ... divorcing is my disgusting and last option

 

[Kanamen]

im a live-in caregiver and im about to file for my pr...im including my husband as my dependant..he is pakistani and is also a former refugee claimant in canada...he was refused and deported.
i read somewhere dat if my family member is criminal, have sm medical problem or is was a former refugee claimant...i wouldnt be able to get my pr.where i read dis was on canada immigration site..
i dont wat to do.. i love my husband and i dint waste my lifes 5 years to come to canada and be sent back jus for dis reason..and i cant leave my husband either...
i was told by lawyer dat my husband would need to file for ARC...but what are the chances? he was not a criminal nor does he have ne medical issues...i also heard ARC is accepted if u have a spouse in Canada...
please guys tell me what shud i do ?
should i divorce him till my process is done n remarry him and sponser him?
or shud i send my application wid him being my dependant
i really dont wanna go back and start from scratch ... i spent my lifes 5-6 years to reach to dis point dat i can apply for being permanant residency...and be for what i invested my time for...
please advice me ... divorcing is my disgusting and last option

Please PM to Mr.Qorax or Mr.PMM for details

 

[abhi211984]

can you please advice how dis links are usefull

 

[Pippin]

can you please advice how dis links are usefull

Qorax and PMM are senior members of the Forum and their opinions are highly respected. You have been given good guidance to request their help. To PM someone you click on their name and at the bottom of their info you will see a line Send personal message. All the best.

 

[wilbur]

I suggest you to consult a lawyer, this situations goes beyond the advice you can get in this forum.

Best luck

 

[qorax]

@abhi211984

As I understand, it doesn't stop someone to apply for PR if his/her spouse was a former 'failed refugee claimant' [if s/he is otherwise found eligible]. In fact, a failed refugee claimant can him/herself apply for PR as well - if s/he is making under any of the processing streams... pls read what CIC* [themselves] say on it:

"As a failed refugee claimant, you can apply to be a permanent resident under the public policy relating to the Spouse or Common-law Partner in Canada Class if you meet all the requirements and you are not inadmissible to Canada."
http://www.cic.gc.ca/English/information/faq/immigrate/sponsor/spouse-faq07.asp

Furthermore:
As a failed refugee claimant, your husband has been deemed deported and thus, will require an "Authorization to Return to Canada” (ARC). Since you are applying for Canadian permanent residence and will list him as a dependent husband, he would be eligible to accompany you to Canada subject to criminal and medical checks.

So, IMHO, u shouldn't be having any problems.
Qorax

*Though not in consonance to your situation, however the gist of the matter implies that a PRRA case could apply afresh under a relevant PR processing stream, if found eligible AND not 'inadmissible'.

 

[awai ali]

I suggest you to consult a lawyer, this situations goes beyond the advice you can get in this forum.

Best luck

I really said true on this issue............

 

[abhi211984]

@ abhi211984


*Though not in consonance to your situation, however the gist of the matter implies that a PRRA case could apply afresh under a relevant PR processing stream, if found eligible AND not 'inadmissible'.

what does dis paragraph means...can you explain me ?

 

[qorax]

what does dis paragraph means...can you explain me ?

1. A former refugee refusal doesn't affect him to move a fresh PR application himself - under whatever PR category he could apply [is eligible] - be it FSW, FC, BC etc.

2. Which means - his previous refusal should not also affect his spouse applying for PR directly as the PA, one her own merits.

3. Yes, he needs to move an ARC application... then again it's usually not denied unless the applicant has a security or medical inadmissibility.

Thus, my opinion is that u should be fine with your PR application.
File yours & let him file his ARC concurrently.

Qorax

 

[shabab]

Qorax is 100% Correct.

My refugee case was denied in 2005 July and I came back on Skilled Category in 2007 November. I submitted the ARC application in New York City and got approved within 3 months as I was advised by the Consulate that it takes between 3 to 6 months. You have to submit 400 dlrs with the application.

Regards

Shabab