Refugee Denied-He was Removed-Now Overseas Sponsorship

[mizzdanish]

Hey there, I definatly need some advice. My husband is a failed refugee claiment, he was asked to leave last month so he went. Now i am doing the overseas sponsorship, we got married after his refugee claim was denied and we actualy didnt know it was denied for 10 months due to a terrible lawyer. Im wondfering if this is going to effect me sponsoring him to come back and also I was told we need permission for him to re enter Canada? Im putting in the sponsorship application in next week and am wondering when I am supposed to start the ATR ?

 

[zardoz]

A little more information would be helpful.
Are you pr or citizen?
How long before his removal have you been in a relationship?
How soon after did you marry and where?

 

[mizzdanish]

I do apologize, I am so new to all this lol I am a Canadian Citizen, born here. We started dating in Oct 2010. Broke up in Jan 2010. Got back together in Nov 2011. We married in Aug 2012. In the meantime though he had a child with someone else and put in for refugee. That got denied in April of 2012 and we had no idea. I guess we were trying to get him to stay without involving our relationship. We married in Canada.

 

[Rattles]

I do apologize, I am so new to all this lol I am a Canadian Citizen, born here. We started dating in Oct 2010. Broke up in Jan 2010. Got back together in Nov 2011. We married in Aug 2012. In the meantime though he had a child with someone else and put in for refugee. That got denied in April of 2012 and we had no idea. I guess we were trying to get him to stay without involving our relationship. We married in Canada.

Wow, sounds like you have a tougher situation than most. I personally would recommend getting an immigration lawyer on this one. It isn't as cut and dry as most.

 

[mizzdanish]

What makes it tougher?

 

[Rattles]

What makes it tougher?

Your situation is just a little sticky as he overstayed legal status in Canada. I won't say whether or not it will make it more difficult because I honestly don't know but I suspect they will have questions about his return since he has tried to gain legal status once before. I just know that I would feel better having a lawyer on my side in your situation.

 

[mizzdanish]

Yeah, thats what Im worried about, they may think the marriage isnt genuine because of the past record, im also pregnant and due in 2 months. Do you know about the ATR though? Like when do I submit that?

 

[zardoz]

The other thought that will be going through the mind of the CIC agent will be "marriage of convenience?".
Your time line is actually in your favour as you had a relationship long before the fun started.
I agree. Professional help might be a good idea in this case.

 

[mizzdanish]

Well I was hoping we could do this on our own due to the crappy lawyer we had last time lol I guess ill look into it

 

[Rattles]

Well I was hoping we could do this on our own due to the crappy lawyer we had last time lol I guess ill look into it

Wish I could be of more help to you, I really do but I do have to say that you run a big chance of them thinking your marriage isn't genuine. I wish you luck.

Also, most do the complete package and send them in together.

 

[mizzdanish]

Y ive got all the forms filled out, pictures, letters from people, the fact that im pregnant (seriously not trying to use that but it will come into play i suppose), wedding cards etc

 

[zardoz]

From one other thread on here I note that the ARC had to be submitted before they would start processing the PR application. This may apply to your situation as well.

 

[mizzdanish]

I seriously feel like crying lol maybe its the hormones, this is all crazy

 

[zardoz]

Where are you in Canada? Someone may be able to recommend an immigration expert near to you that has a good record.

 

[Mrembo]

Yeah, thats what Im worried about, they may think the marriage isnt genuine because of the past record, im also pregnant and due in 2 months. Do you know about the ATR though? Like when do I submit that?

Hi,am sorry I don't know anything about the ATR!-I was also denied refugee in August but they advised me to send in a spouse sponsorship asp and they would await the decision!-Actually the forms they gave to me state that they are required to give you this information if you have an eligible sponsor so am surprised this information wasn't relayed to you guys.
Given you are having his baby and the length of your relationship I doubt they'll assume your marriage isn't genuine!-I have been out of status since 2002 so if they were looking at it that way they'd have removed me then.-All the best