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Refugee Case

Johnwang2012

Newbie
May 27, 2012
7
0
My girlfriend had applied for the refugee status but was denied. I met her after she applied for the refugee status, and now we're thinking of getting married. A week ago she received a letter stating that she needs to report to the officers at the Toronto airport. If we get marry will she still face deportation? Is it possible for me to sponsor her. I dont want to see her get deported. Any advice?
 

Pippin

VIP Member
Mar 22, 2010
4,254
530
I was thinking if you had been living together for at least 12 months, you could have claimed commonlaw status as I am not sure you can get married in such a short period of time.
 

Pippin

VIP Member
Mar 22, 2010
4,254
530
I don't know you and I don't mean to hurt your feelings, but I can only look at this situation from the perspective that a VO might. I think you may have a challenge on your hands. Failed refugee application, deportation order, married within a week after a 3 month relationship. How will you prove this is not a marriage of convenience? I hope my comments will help you think things through and that others will come up with suggestions.
 

Pippin

VIP Member
Mar 22, 2010
4,254
530
As the time in which you have to make a decision is short, you may want to discuss your wishes with an immigration lawyer as soon as possible.
 

NBaker

Hero Member
Oct 23, 2011
293
7
Now that your girlfriend has been called for an interview it is likely she has reached the point considered 'removal ready' so it is too late at this point to submit an in Canada spousal application even if you were married.

If you genuinely are in a relationship and want to marry by all means go for it. Being married though does not stop deportation from proceeding.

Your girlfiend will likely be offered PRRA - and can take that which will be a number of months until a decision is made. You could marry during that time and submit an out of Canada application through her own country. Some of the waiting time she will be in Canada for PRRA, but the percentage of positive PRRA decisions is overall about 3 of 100 so she will likely have to go home once the decision is made.

If that is the case she should buy her own ticket so removal costs of $1500.00 don't have to be repaid if the PR application from outside Canada is successful. She will need to be approved for ARC to overcome the deportation order.

You need to expect a period of separation unless you will go with her to her country to wait for the answer to the application or reside with her in her country if she is rejected.

Many, many times these applications work out in this situation, but be completely cooperative with CBSA, get a travel document if needed ready to go. ARC approval usually involves contacting CBSA to ask if there is a concern about return of a person to Canada following deporation. Imagine how much easier the answer yes comes when a file is reviewed seeing full cooperation and no glaringingly awful immigration history beyond refusal of a refugee decision.

Good luck. I hope the relationship is genuine. You will need to prove that, especially in the circumstances so use the time wisely over the next few months and really think about what next steps are best in both your circumstances.
 

NBaker

Hero Member
Oct 23, 2011
293
7
Only if she becomes a PR, which as noted, is most unlikely to happen at the stage of process reached in this case, from within Canada.
 

Johnwang2012

Newbie
May 27, 2012
7
0
if she goes back to her country Voluntarily can i sponsor her right away, and will my application be rejected because she was a refugee Claimant. Do you know if it will take significantly longer to process my application even if my application are accepted.
 

optimisticperson65

Full Member
May 2, 2012
26
0
Dear forum members,
I would like to ask that which is best province to claim as refugee in canada? Such as Quebec,
Saskatechwan ,which one is better in both of them. please comments.
Thanks
 

hotellasuite

Member
Jul 9, 2012
10
0
well guys How long have you lived together? don't think about this matter God has made you for each other ! You both will be always be together !