Sponsoring a failed refugee

[1080p]

Hi everyone. I'm doing this for a close friend of mine since he's running out of options. He's been cheated many times by immigration lawyers claiming to be able to help him. His mom's hardworking money all went to waste and now they're struggling ...Now he's all depressed and i'm afraid he might end up doing something stupid. This is his story as i know it...

We've been friends since middle school grade 7 and now he's 22 years old. His mom brought him to Canada when he was still a minor (about 12-13yrs old) His mom was a failed refugee claimant. So his family was ordered to leave Canada, I'm assuming. They stayed until he graduated from high school (his mom wanted him to get a good education, they're poor and in Canada its free). I know he's considered an "illegal alien" but keep in mind that he was a minor at that time and he had no idea of what was going on. He couldn't leave Canada even if he was asked to because his mom wouldn't let him. He even got accepted to University, but due to tuition he had to give up. (they treat him as an international student, so its really expensive). He's in a long-term relationship with his girlfriend and they're getting married soon. He really wants to stay in Canada with his girlfriend. They've been through life and death together and it's definitely a legit relationship. He's skeptical about this because of his past background...

I wanted to ask here first because they don't have much money and all the hardearned money they have are going into the lawyers fees/expenses...

Could someone shed some light on the matter please? Thanks a lot sincerely. Any help/suggestions is appreciated.

it would be awesome if someone with personal experience could give some details as to how it would work out..THANKS !!

 

[steerpike]

If the girlfriend is a Canadian citizen or Permanent Resident then they can get married and she can sponsor him (they can also apply as common law if they live together). As long as they both qualifty (she has a sponsor, he as an applicant) then it should be okay. For example, he will need a criminal record check, medical exam, birth certificate and all that stuff. Income level of the sponsor doesnt really matter as long as they arent on welfare. They may give the file an extra look over, but as long as the marriage is genuine then it should be approved.

 

[LeisaP]

+1 to steerpikes comment.

I sponsored my common-law spouse and he was a failed refugee as well.
We had to really prove that we were in a true common-law relationship, which wasn't hard just took a lot of work, but we got through the sponsorship without an interview.


I suggest they get married and apply as a married couple,
just try to have them prove every aspect they can of the relationship, because it will get looked at more closely.

BUt I have seen MANY failed refugee be successfully sponsored by their spouses

 

[1080p]

Thank you very much for your reply. I just don't want them getting cheated again... to be honest I feel sorry for them

Yea his girlfriend is a Canadian citizen, also a close friend of mine...

But about his past (you know his mom getting rejected as a refugee etc..) Will that be of an obstacle? Will it affect his chance of getting Permanent Residence ? They're both in Canada atm obviously..so they're applying from here.

Anyone have an idea of what sort proof they need to present to CIC ? They're getting married soon like i said and thinking of having a kid together...should they wait until then or apply now??

Thanks again..just trying to do some research for them first before they consult a lawyer again...


EDIT: just saw your reply LeisaP. Thank you. Was the process really complicated? I promised I would help them out financially as well. They're both really close friends of mine.. and the girlfriend (sponsoring) is my wife's best friend...

 

[LeisaP]

Thank you very much for your reply. I just don't want them getting cheated again... to be honest I feel sorry for them

Yea his girlfriend is a Canadian citizen, also a close friend of mine...

But about his past (you know his mom getting rejected as a refugee etc..) Will that be of an obstacle? Will it affect his chance of getting Permanent Residence ? They're both in Canada atm obviously..so they're applying from here.

Anyone have an idea of what sort proof they need to present to CIC ? They're getting married soon like i said and thinking of having a kid together...should they wait until then or apply now??

Thanks again..just trying to do some research for them first before they consult a lawyer again...

I have a friend who was brought to Canada as a minor by his parents and the failed asked for refugee, but were denied.
So they were removed from Canada, his high school sweetheart(Canadian citizen) went to his home country and married him, and sponsored him via outland to come back to Canada.
He did mention he was asked for an interview and that during the interview it focused mainly on the details of his families refugee claim, which he didn't know much about since he was young when it happened. but regardless he needed to provide documents regarding the refugee case, why it was denied etc.

Can I ask what city they are in ?
We used an immigration consultant in Vancouver and she was extremely helpful and cheap $500 flat rate.
and she had dealt with many failed refugees and "illegal aliens"

I don't think its necessary to wait until they have a kid, they should get married and start to prepare the application right away.

make sure they provide significant quality evidence of their relationship since they met and ongoing.

 

[amikety]

His biggest issue will be convincing CIC his relationship is real and he isn't getting married just to get PR. To deal with this issue, he will need to include plenty of proof of their relationship. Although it's not required, I would recommend getting notarized letters like common-law couples do. Generally, these are from friends, family, or community members (think doctor, religious leader, teachers) that know about the relationship and can attest it's genuine and ongoing. Did they date in high school? Maybe they can approach a few teachers and ask for letters. It would be good to get one from each side of the family at least too.

Having a child together isn't "proof" for CIC. They do reject couples with children if they feel the baby was born solely to get into Canada.......... so don't recommend that method. Wait to have the baby until they're ready.

 

[1080p]

of course LeisaP. They're from Downtown Toronto. If you know of a reputable/trustworthy immigration consultant feel free to let us know. Thanks.


@ amikety The immigration lawyers they spoke to earlier all said that if they could wait until they have a child together then it would make the process easier.. (they thought that since they're deciding on having a child anyways.. they might as well wait...)


PS: yea i really despise the people that have a baby just to get PR.. its those b******* that are making it harder for everyone else that's legit...sigh

Oh I almost forgot something important.. what happens if they get married and are rejected? Will they deport my friend since he's not a Canadian... I can only assume that at least if they have a kid.. they're kid would be Canadian right? This could get complicated

 

[amikety]

of course LeisaP. They're from Downtown Toronto. If you know of a reputable/trustworthy immigration consultant feel free to let us know. Thanks.


@ amikety The immigration lawyers they spoke to earlier all said that if they could wait until they have a child together then it would make the process easier.. (they thought that since they're deciding on having a child anyways.. they might as well wait...)


PS: yea i really despise the people that have a baby just to get PR.. its those b******* that are making it harder for everyone else that's legit...sigh

There was a recent news article about a Chinese couple that had a baby, but she was denied PR because they weren't a genuine couple. (Claimed to be living together, but they weren't.)

Lawyers are often wrong.

 

[1080p]

There was a recent news article about a Chinese couple that had a baby, but she was denied PR because they weren't a genuine couple. (Claimed to be living together, but they weren't.)

Lawyers are often wrong.

Oh I almost forgot something important.. what happens if they get married and are rejected? Will they deport my friend since he's not a Canadian... I can only assume that at least if they have a kid.. they're kid would be Canadian right? This could get complicated

...I think my friend and his mom came without a passport/documents I'm not sure...

 

[steerpike]

Oh I almost forgot something important.. what happens if they get married and are rejected? Will they deport my friend since he's not a Canadian... I can only assume that at least if they have a kid.. they're kid would be Canadian right? This could get complicated

He can be deported at any time now, and his application fails then he will still have no legal status and can be deported at anytime.

 

[amikety]

Oh I almost forgot something important.. what happens if they get married and are rejected? Will they deport my friend since he's not a Canadian... I can only assume that at least if they have a kid.. they're kid would be Canadian right? This could get complicated

...I think my friend and his mom came without a passport/documents I'm not sure...

Almost certainly the child would be Canadian. The only way not is if the wife (the citizen) was born overseas to a Canadian (obtained her citizenship by descent) and she births the child overseas as well. If the wife was born in Canada, a naturalized citizen, or the baby is born in Canada, definitely a citizen. As long as the wife was born in Canada or a naturalized citizen, the child can be Canadian anywhere in the world (as soon as they apply for the baby's passport!).

If he's rejected, yes, most likely, he will get deported. However, they are legally allowed to re-apply "Outland." If the wife is a citizen, she can travel with him outside Canada and wait with him while sponsoring too. Don't cloud your (or their) minds with worries about deportation or rejection right now. They need to concentrate of gathering evidence of their genuine, on-going relationship to show to CIC. They should be digging through boxes of old cards and letters, rushing to a copy machine, and making copies for CIC!

If your friend doesn't have a passport, he may want to apply for one. It will make the process easier. Landing without a passport is very difficult. It can be done, just difficult. It may be easier to apply for a passport (depending on his home country - it isn't always possible, which is why you can land without one if you have to). If he has difficulties, the embassy in Canada or the USA are sometimes helpful. (I know of one man from Iran that managed to finally get a passport through the USA Embassy of all places.)

 

[1080p]

True. I guess I'm just worrying too much right now..The girlfriend (sponsor) is a Canadian citizen, not born in Canada though.

maybe it's ok if i provide some more details.. The guy is chinese from China.. I think some of them don't have passports...(have no idea...) Sorry I have no experience whatsoever. My wife and I were born in Canada so we never went through this kinda stuff...

I've heard of cases where CIC comes knocking at people's doors and arresting people and on the other hand people are saying that if you don't get into any trouble with the law, they leave you alone lol...

well at least the guy is clean and doesn't have a criminal record..thats a plus.

Feel free to ask me anything else I might have missed out. Thanks

 

[amikety]

Chinese have passports. It's possible CBSA has them. (Yes, really! They seize refugee claimants passports.) However, you only get them back when you exit Canada if you're a failed claimant....... so he should look into getting a new passport. I don't know much about getting a new passport from China though.

Just tell your friend - once he's a PR, he can go back to university and get his education. Then he can get a good job. Then worry about kids. University is harder with kids.

Having a child also won't give him any rights to live in Canada. A child won't help him immigrate to Canada at all. While they're young, they should enjoy each other and grow up together. Kids are for the future Enjoy the peace and quiet while it lasts

 

[1080p]

Chinese have passports. It's possible CBSA has them. (Yes, really! They seize refugee claimants passports.) However, you only get them back when you exit Canada if you're a failed claimant....... so he should look into getting a new passport. I don't know much about getting a new passport from China though.

Just tell your friend - once he's a PR, he can go back to university and get his education. Then he can get a good job. Then worry about kids. University is harder with kids.

Having a child also won't give him any rights to live in Canada. A child won't help him immigrate to Canada at all. While they're young, they should enjoy each other and grow up together. Kids are for the future Enjoy the peace and quiet while it lasts

very good advice but i'm guessing he's done with university..with all that stuff on his mind..university is the least of his worries lol... he really likes his girlfriend and he's willing to give up everything for her...

You guys have been of great help. Thanks a lot. I have to get to work now.

Take care. I'll check this thread again tonight.

 

[LeisaP]

Yes that's true, if they applied for refugee, CBSA takes the passports away.

My husband was denied his refugee and when he was removed, he had to check out at the airport in Vancouver, than was escorted by "security" (more like some idiot that had no idea what was going on) but anyways he was escorted to the westjet desk and the security guard showed them his passport (which was expired, but since he was being deported that didn't matter) and the security guard kept his passport and documents in an envelope and handed them to the flight attendant when we boarded the plane.

He didn't receive his passport back in his hands until he landed in Mexico.
:-\