Question

[precious40]

spouse got a removal order for overstay so now we got to start from scratch and reapply for pr for outside Canada. I wan't to know if I can go live with him and apply from jamaica for his pr we been living together in canada for 1 1/2 years and are getting married soon.

 

[tamee]

did you already apply from within? i think you can either extend your status or you have implied status, let someone with more knowledge confirm first, but if you have to start over then yes you can go live with him while you file for PR if you are a canadian citizen, if you are a PR yourself then you will have to apply from with in while your husband is abroad.

 

[precious40]

I am a Canadian Citizen and we apply from within but no dicision made on his file yet but he will be getting deported on a removal order for overstay soon and can't come back to Canada for a year so I want to go stay with him in Jamaica and apply again should I leave my address in Canada when I apply or should i say I am there with him in the app.

 

[fairouzm]

oh i think he can stay. wait till somebody answers u but i am sure they can stay. I read similar situations to urs before in here and they were allowed to stayy.

 

[precious40]

No he had a warrant for his arrest for removal we took care of all that 2 weeks ago he was let out on bond then we got a letter for removal order interview spoke with a imm consaultant they told us that a removal order is that they will remove you so now we are making arrangment for him to leave and apply for pr the right way because he has been married and now divorced and has been in Canada for 6 years and because wife did not file any papers for him he has to go back even with a commom law spouce pr application in process for in Canada. We were told that that would be stoped and we would have to re apply for outside Canada being he will not be here.

 

[tamee]

this is a quote from Matthew on another forum but i think it might help you as well-im assuming you have an inland application in process because you said you had to reapply now

even if CBSA picks up on the fact that you're a 4-year overstay, the fact that you have an inland PR app in process means they give an administrative deferral of removal. See IP 8 section 5.3:

http://www.cic.gc.ca/English/resourc...s/ip/ip08e.pdf

Under the spousal policy, many clients can benefit from an administrative deferral of removal if
there is evidence that they have a pending spousal application by the time they are deemed
removal-ready by the CBSA.

So, despite what the public web page says about maintaining status, having an inland PR application filed actually does give you some degree of protection from removal, as long as the reason you would be removed is not serious - i.e. a simple overstay or breach of conditions of your stay.