Prra and sponsorship

[yaz]

I am really worried people says ARC is very hard to get it, how can i know my VO has approved my sponsorship application people says when VO request arc is because everything i ready only the last thing is ARC and they can issue visa if the approve or what is the next step how long is will take this ARC please advices!!

 

[Serendipity]

hi gigi, i have a similar situation where we've applied for sponsorship before my husband got denied refugee and before the PRRA, does that mean we qualify for the above info where he can stay until the sponsorship is processed?

Hi there,

The following answer from Nbaker in another thread may be of some help:

"If you submitted your in Canada spousal application before you received your call in letter for PRRA you should have been counseled at your interview of the option to waive PRRA and benefit from a deferral of removal of 60 days during which time CIC is supposed to review and make a first stage decision on the application. CIC does not guarantee that an answer will be made during that time and this also requires that the CBSA case officer alerts CIC that you meet requirements for this having waived PRRA. If the 60 days pass without a stage 1 approval as an answer you could request a deferral of removal from CBSA because of the outstanding application, but the request could be refused and removal could proceed requiring you to restart the process from outside Canada.

Alternatively you can apply for PRRA and must meet the timelines for that and hope that an answer is made on the application during the stay provided by the PRRA process. If not again you could request a deferral of removal if directed to report for removal for the same reason as above which could also be refused requiring the process to be started again from your home country.

This process can take a long time and much time could end up being spent waiting that might not result in a positive result. Other options are apply for PRRA and an outside Canada spousal application. Stay in Canada for the PRRA which is very likely to be rejected based on overall low rates of positive and then return home to await the answer to the application submitted. If you are called for an interview on the outside Canada application and PRRA is not complete it can be withdrawn, arrange to pay your way home so removal costs need not be repaid. ARC will likely be required if approved. Then return to Canada for landing.

If you do decide to waive PRRA prior to the 15 day deadline for the application and the decision on the application is a rejection you would not then be entitled to PRRA with a stay of removal. You will need to decide what is best for you to do in your particular circumstances.

Good luck."


What Nbaker says is quite accurate since a stay on removal may or may not be approved. However, and in my opinion, if the sponsorship package was received by CPC-V BEFORE the PRRA was initiated, you guys should give the inland process a shot.

Again, there is a chance that a stay of removal may be denied, but what if you guys get it? It is worth a try!! Also, please keep in mind that this is a time sensitive situation that requires to be handled carefully. You may want to consult an immigration lawyer to get things done accurately and on time.

Good luck



S.

 

[yaz]

Hi Serendipity, you say ARC will likey be required if sponsorship is approved right , in my case how can i know they approved it or not, because they are requesting me ARC everything is done checking background , landing fees everything but i did not have any interview yet, so if they are requesting me ARC is because maybe my visa office approve or how can i know??? I am really worried about it!!!
Advices please!!!

 

[Serendipity]

Hi Serendipity, you say ARC will likey be required if sponsorship is approved right , in my case how can i know they approved it or not, because they are requesting me ARC everything is done checking background , landing fees everything but i did not have any interview yet, so if they are requesting me ARC is because maybe my visa office approve or how can i know??? I am really worried about it!!!
Advices please!!!

Hola,


Normally an outland application would be filed along with an ARC application when needed. Now, It is understood that if you had a departure order that tuned into a deportation order while in Canada, you definitely need an ARC to return. A bona fide marriage is a factor that would constitute a "compelling reason" (PO1, Procedures, 6.2) to be eligible for an ARC. This indicates that the "compelling reason", the bona fide marriage in your case, would need to be assessed and determined to be legitimate before the ARC can be processed, given that it is the one reason in virtue of which the ARC may be granted. If an ARC has already been requested, I would feel pretty optimistic about it if I were you.

That said, your ARC application would need to be successful for you to be able to come back. My guess is that once you file the application, you will be summoned for an interview where an officer will make a decision on it. Normal processing time for this type of permit is about 6 months in Mexico, (http://www.canadainternational.gc.ca/mexico-mexique/visas/authcan-autcan.aspx?lang=eng)

Hope this helps

S.

 

[yaz]

Serendipity Thanks so much for your reply, it needs me to understand but why it departure becomes to deportation, you know I was reading my PRRA decision and it says your case is rejected and we will give you a departure date so if you dont comply with you will need and ARC, so exactly the date they gave me I left Canada I bought my ticket and My husband and me were in the office to notified them even they told me at what time I have to be at airport where an officer had to verified the departure I complied with everything why I need this ARC really I can not understand people says because I appealed but nobody told me I have to leave Canada from the first decision only they sent me documents for appelation I did not about why it is not only a departure order why it becomes to deportation???
I appreciate your comments!!!

 

[gigi1612]

Hi there,

The following answer from Nbaker in another thread may be of some help:

"If you submitted your in Canada spousal application before you received your call in letter for PRRA you should have been counseled at your interview of the option to waive PRRA and benefit from a deferral of removal of 60 days during which time CIC is supposed to review and make a first stage decision on the application. CIC does not guarantee that an answer will be made during that time and this also requires that the CBSA case officer alerts CIC that you meet requirements for this having waived PRRA. If the 60 days pass without a stage 1 approval as an answer you could request a deferral of removal from CBSA because of the outstanding application, but the request could be refused and removal could proceed requiring you to restart the process from outside Canada.

Alternatively you can apply for PRRA and must meet the timelines for that and hope that an answer is made on the application during the stay provided by the PRRA process. If not again you could request a deferral of removal if directed to report for removal for the same reason as above which could also be refused requiring the process to be started again from your home country.

This process can take a long time and much time could end up being spent waiting that might not result in a positive result. Other options are apply for PRRA and an outside Canada spousal application. Stay in Canada for the PRRA which is very likely to be rejected based on overall low rates of positive and then return home to await the answer to the application submitted. If you are called for an interview on the outside Canada application and PRRA is not complete it can be withdrawn, arrange to pay your way home so removal costs need not be repaid. ARC will likely be required if approved. Then return to Canada for landing.

If you do decide to waive PRRA prior to the 15 day deadline for the application and the decision on the application is a rejection you would not then be entitled to PRRA with a stay of removal. You will need to decide what is best for you to do in your particular circumstances.

Good luck."




What Nbaker says is quite accurate since a stay on removal may or may not be approved. However, and in my opinion, if the sponsorship package was received by CPC-V BEFORE the PRRA was initiated, you guys should give the inland process a shot.

Again, there is a chance that a stay of removal may be denied, but what if you guys get it? It is worth a try!! Also, please keep in mind that this is a time sensitive situation that requires to be handled carefully. You may want to consult an immigration lawyer to get things done accurately and on time.

Good luck



S.

Very good and comprehensive answer. Cheers!!!

 

[Beta8]

Good job everyone! All these help a lot

So, even though it helped me a lot already by reading all these similar cases, I am still a bit confused, here's my case:
I was rejected in my refugee case in February 2011, In May 2011 I applied to a sponsorship process, since I am married to a canadian citizen.
The first step of my sponsorship process should be done by April 2012, just now, I got a letter regarding my PRRA, so I went to the interview and they told me I could apply for PRRA, I know for fact that most likely it will be rejected, and I will be sent home. So I decided not to apply in fact leave the country voluntarily and wait for the rest of my sponsorship process in my home country.
So here's where it gets complicated:
If I go back home before April, do I have to start over my process from my home country? or Does CIC transfer my process to my country to be completed there? Would that take longer than it would here? (I noticed that the steps are a bit different when done out side Canada).
My lawyer suggested me to apply anyway, so it gives me more time, maybe by then CIC will have an answer on my process.
Another question: Once the first step of my process is done, can I leave the country? or I do have to wait for the whole thing to conclude?

Thanks so much guys, you are much better than any lawyer

Much appreciated,
Beta

 

[Serendipity]

Good job everyone! All these help a lot

So, even though it helped me a lot already by reading all these similar cases, I am still a bit confused, here's my case:
I was rejected in my refugee case in February 2011, In May 2011 I applied to a sponsorship process, since I am married to a canadian citizen.
The first step of my sponsorship process should be done by April 2012, just now, I got a letter regarding my PRRA, so I went to the interview and they told me I could apply for PRRA, I know for fact that most likely it will be rejected, and I will be sent home. So I decided not to apply in fact leave the country voluntarily and wait for the rest of my sponsorship process in my home country.
So here's where it gets complicated:
If I go back home before April, do I have to start over my process from my home country? or Does CIC transfer my process to my country to be completed there? Would that take longer than it would here? (I noticed that the steps are a bit different when done out side Canada).
My lawyer suggested me to apply anyway, so it gives me more time, maybe by then CIC will have an answer on my process.
Another question: Once the first step of my process is done, can I leave the country? or I do have to wait for the whole thing to conclude?

Thanks so much guys, you are much better than any lawyer

Much appreciated,
Beta

Hi Beta,

Happy New year. Let's see:

Your question: If I go back home before April, do I have to start over my process from my home country? or Does CIC transfer my process to my country to be completed there? Would that take longer than it would here? (I noticed that the steps are a bit different when done out side Canada).


Answer: At this stage of the game, and because of your current circumstances as a failed refugee claimant, once you leave the country your inland sponsorship will be of no use any longer since you won't be able to be physically present in Canada to finalize it. Given that CIC does not transfer anything, you will then have to restart all over again with a outland sponsorship process (including new legal fees), and you won't be able to come back until it is approved. Also, depending on when you leave Canada you may need an ARC to return.

Unless you are filing an outland sponsoring application today at the Canadian embassy in Beijing, Ankara or Taipei, your new application will surely take longer than 5 months, which is what you would have to wait for, starting right now, if you were to remain in Canada to receive a decision on your current sponsorship application (processing times vary by country: http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp).

Now, if you apply for PRAA and it is rejected, as most are, your legal counsel could - and should - request a deferral of removal from CBSA because of the outstanding application, which would give you enough time to at least receive AIP as a result of a successful First Stage of Approval. However, if you do not get AIP in April/May this year and your file gets transferred to a local office, then you will be in for a very long wait, one that may take many months or even years. Since you are a failed refugee claimant that filed an inland application after been denied refugee, chances are that your case will be transferred to a local office for further assessment. However, the 1 million dollar question remains: but what if they give you AIP in April/May? There is only one way to find out.


Your question: Once the first step of my process is done, can I leave the country? or I do have to wait for the whole thing to conclude?

Answer: because of your current circumstances, you should not leave until the process is finalized.



I hope this helps.


S.

 

[Beta8]

Hi Beta,

Happy New year. Let's see:

Your question: If I go back home before April, do I have to start over my process from my home country? or Does CIC transfer my process to my country to be completed there? Would that take longer than it would here? (I noticed that the steps are a bit different when done out side Canada).


Answer: At this stage of the game, and because of your current circumstances as a failed refugee claimant, once you leave the country your inland sponsorship will be of no use any longer since you won't be able to be physically present in Canada to finalize it. Given that CIC does not transfer anything, you will then have to restart all over again with a outland sponsorship process (including new legal fees), and you won't be able to come back until it is approved. Also, depending on when you leave Canada you may need an ARC to return.

Unless you are filing an outland sponsoring application today at the Canadian embassy in Beijing, Ankara or Taipei, your new application will surely take longer than 5 months, which is what you would have to wait for, starting right now, if you were to remain in Canada to receive a decision on your current sponsorship application (processing times vary by country)

Now, if you apply for PRAA and it is rejected, as most are, your legal counsel could - and should - request a deferral of removal from CBSA because of the outstanding application, which would give you enough time to at least receive AIP as a result of a successful First Stage of Approval. However, if you do not get AIP in April/May this year and your file gets transferred to a local office, then you will be in for a very long wait, one that may take many months or even years. Since you are a failed refugee claimant that filed an inland application after been denied refugee, chances are that your case will be transferred to a local office for further assessment. However, the 1 million dollar question remains: but what if they give you AIP in April/May? There is only one way to find out.


Your question: Once the first step of my process is done, can I leave the country? or I do have to wait for the whole thing to conclude?

Answer: because of your current circumstances, you should not leave until the process is finalized.



I hope this helps.


S.

Thank you so much Serendipity,

It really helped!!
Just one more question: If CIC approves the first step of my process before I hear back from PRRA, then when PRRA gets back to me, would they let me be waiting for the second step of the process in Canada? and yet, would they give me my passport back or I would only get it once the sponsorship is finally concluded?

Happy new year!

Thanks again
Beta

 

[yaz]

Hi Guys this process is really complicated, for example me after my PRRA was rejected I left Canada when they notified me and I am waiting to conclude my sponsorship, it is still in process my VO requested me the ARC already last October 3 and I am still waiting I have not heard anything from them I am really sad I miss my husband so much, He will come next week to visit me but I want to be all my life with him no only few days , why this process is so slow 10 months without my husband is too much only you guys know about it because you are in the same boat like me I wish you good luck everyone!!!

 

[Beta8]

Hi Guys this process is really complicated, for example me after my PRRA was rejected I left Canada when they notified me and I am waiting to conclude my sponsorship, it is still in process my VO requested me the ARC already last October 3 and I am still waiting I have not heard anything from them I am really sad I miss my husband so much, He will come next week to visit me but I want to be all my life with him no only few days , why this process is so slow 10 months without my husband is too much only you guys know about it because you are in the same boat like me I wish you good luck everyone!!!

My case might be just like yours then...

Had you applied for the sponsorship in canada before you left?
If so, did you have to reapply from your home country?

Best of luck

 

[yaz]

yes we have similar case, I got married before PRRA , so we sent my sponsorship application but 2 months later after applied for PR my PRRA was refused and officer did not allow to stay until finalize my sponsorship they told me I have to leave Canada, if not I had to be as illegal and I think it was no good idea, so I sent a letter to Vegreville office explaining them everything , so I left Canada and applied outland , we paid everything but one month later they notified me it was not necessary because they will transfer the fisrt application I mean from Vegreville to Mexico (this is my vo) so the second application outland they canceled .
Now almost the process is done I guess, only ARC is still in process, I am so worried about if they will approve it or not. I hope to have news soon, this process is really complicated, what about youu??

 

[Beta8]

yes we have similar case, I got married before PRRA , so we sent my sponsorship application but 2 months later after applied for PR my PRRA was refused and officer did not allow to stay until finalize my sponsorship they told me I have to leave Canada, if not I had to be as illegal and I think it was no good idea, so I sent a letter to Vegreville office explaining them everything , so I left Canada and applied outland , we paid everything but one month later they notified me it was not necessary because they will transfer the fisrt application I mean from Vegreville to Mexico (this is my vo) so the second application outland they canceled .
Now almost the process is done I guess, only ARC is still in process, I am so worried about if they will approve it or not. I hope to have news soon, this process is really complicated, what about youu??

Do we have to go though ARC thing even when you voluntarily leave? - I mean following their deadline and not having to be "deported"...

So, I applied in May last year, the 11 months for the 1st step should be concluded by April 2012. However, I think I will be leaving Canada before that. My partner just lost his job here and I am going through some family issues back home that I have to take care of, so right now it's gonna make more sense if I go back, and wait there, he's trying to get a work visa to be able to stay longer and work there, otherwise he will have to come back to canada every 6 months because since his also european citizen, my country allows him to stay there up to 6 months only without visa. (as a canadian citizen he would need a visa even to enter the country).
I hope everything works out fine at the end... I'm honestly not in a hurry anymore, as long as he can stay with me there, I am fine waiting... I've been waiting here for so long, that to me 1 year longer or less, seems like it is just the same.

 

[yaz]

YES, you will need an ARC, because for example me they wrote in my departure certificate DEPARTURE BECOMES DEPORTATION ORDER I dont understand to much because I followed all rules I complied with everthing but anyway I sent them a letter explaining them circumstances to return to Canada and the payment for ARC exactly how my visa office requested me Now I am waiting for the answer it is really hard, because they said if you leave Canada after your first hearing you dont have problem but we made an appellation and because of it we need an ARC even if you leave Canada voluntary, I cannot more !!!!! I want to finish this process..

 

[Beta8]

YES, you will need an ARC, because for example me they wrote in my departure certificate DEPARTURE BECOMES DEPORTATION ORDER I dont understand to much because I followed all rules I complied with everthing but anyway I sent them a letter explaining them circumstances to return to Canada and the payment for ARC exactly how my visa office requested me Now I am waiting for the answer it is really hard, because they said if you leave Canada after your first hearing you dont have problem but we made an appellation and because of it we need an ARC even if you leave Canada voluntary, I cannot more !!!!! I want to finish this process..

I see...

Right now you do have your passport on you right?
Are you free to leave your country on a trip to a different country?