re-doing application

[jess2027]

my husband and i been married since September 2015 . we sent the sponsorship application this year, but 3 months later he got deported back to his country . my question is because we already sent the application while he was in Canada, because he was deported , do we have to do a outland application or we can keep the inland application ?

 

[ImABule]

my husband and i been married since September 2015 . we sent the sponsorship application this year, but 3 months later he got deported back to his country . my question is because we already sent the application while he was in Canada, because he was deported , do we have to do a outland application or we can keep the inland application ?

An inland application is effectively dead in the water if the PA is not inside Canada.

 

[Decoy24601]

As ImABule said, your inland application will most likely be refused because the principal applicant is no longer residing in Canada. You can withdraw your application now or wait for them to refuse it, then submit an outland application.

 

[Ponga]

Was the deportation because of a criminal offense, or simply because of an overstay?

Either was, it sounds like he was already Removal Ready when CIC received the application.

As stated, the Inland application is now toast. An Outland application may be a waste of time, as he'll need an ARC to return to Canada (if he was in fact deported).

Good luck!

 

[Loveactually]

Can I ask why he was deported?

 

[jess2027]

it wasn't for any crimes or overstay he was here on refuge status for 4 years he was getting turned down for every application he did . i now understand that we have to do the application all over again , very frustrating

 

[jess2027]

"An Outland application may be a waste of time, as he'll need an ARC to return to Canada (if he was in fact deported)."
what exactly does that mean it will be a waste of time?

 

[scylla]

An Outland application may be a waste of time, as he'll need an ARC to return to Canada (if he was in fact deported).

An outland application is the right way to go assuming there is no criminality issue. The ARC will be automatically processed as part of the PR application.

 

[Loveactually]

Good luck for you and your family

 

[Ponga]

"An Outland application may be a waste of time, as he'll need an ARC to return to Canada (if he was in fact deported)."
what exactly does that mean it will be a waste of time?

The point that I was trying to make, was that if the ARC is not approved, the Outland application will be refused. This is why it may be a waste of time, but...it's also your only option.

Good luck!

 

[jess2027]

SO. if my husband was deported, decided to leave Canada without letting the Canadian government know anything and illegally went to the states would the ARC be denied

 

[mikeymyke]

I think your biggest issue would be convincing CIC that your marriage is genuine because your husband was a failed refugee applicant in Canada, now he's living in the US illegally.

Outland is pretty much the only way for you to go, and you'll have to provide an extreme amount of proof that your husband is not marrying to gain status to Canada.

 

[jess2027]

that wouldn't be a issue "mikeymyke" i knew about his situation the moment i met him if he was marrying me for status then we would be married long time ago i been with him for 3 years. we had issues with his family not accepting me because I'm from st.lucia ("black girl") and his from Albania, if that was the case nothing would stop him from being with me if that was the case

 

[scylla]

SO. if my husband was deported, decided to leave Canada without letting the Canadian government know anything and illegally went to the states would the ARC be denied

Given his history, it's quite likely he'll be asked to attend an interview as part of the spousal sponsorship process. That interview won't be held in the US - it will be held in his home country and he'll need to attend in person. Being illegal in the US is just going to make an already complicated situation even more complicated. While you know your relationship is genuine - CIC does not and needs to be convinced. The more he breaks the rules, the greater scrutiny CIC will place on your application and relationship. He should really return home.

He should also be aware that unlike Canada, the US takes a very strong stance against illegal stays. Once he accumulates six months in the US illegally, he will automatically end up with a three year ban from the US as soon as he leaves. If he remains in the US illegally for a year or more, that ban increases to 10 years. Again, best course of action if you want to be reunited as quickly as possible is to leave the US and return home. If he insist on remaining in the US, you should be prepared for the spousal sponsorship process to drag out for years.

 

[Ponga]

SO. if my husband was deported, decided to leave Canada without letting the Canadian government know anything and illegally went to the states would the ARC be denied

So he wasn't `officially' deported? He simply left Canada without informing CBSA?

If he entered The U.S. illegally, his problem is worse than it was at first glance.