Sponsoring my Spouse after deportation

[missjohnj]

I'm sponsoring my husband to come back to Canada. He moved to Canada in 2012 and filed for refugee status but was denied in 2014. He received his removal order on January 1st 2014 and bought his own ticket and flew back to St. Lucia February 27th. Like most people on this forum I am lost/heartbroken without my husband. I have all the paper work done for the sponsorship just waiting for the police check from his home country. I was just wondering if anyone had any similar situations that I'm going though - and had any stories about how long the process took for your case. Our baby is due to be born in June and I know he wont be home for the birth but any stories of your process that would give me some support or something to go by because lawyers and immigration wont give me straight answers.

 

[b4roness]

I'm in the same boat, except that it was I who was denied refugee status. There are quite a good number of similar situations on here, and for the most part, they finished well.
We just sent out our application last month. 99.9% of the time, the failed refugee applicant will need an ARC on top of the entire sponsorship case (but it's been waived to other members in the past). A waiver may be due to overwhelming positive relationship evidence, and/or the visa officer who is taking care of the case.
I still have no idea if my ARC will be waived. We are totally prepared to file for the ARC if they do ask for it. I think it takes up to 6 months to process.
That's all i can offer on the subject. Other members on here can offer you insight in regards to the processing times of inland/outland apps. Don't know which one you guys will do.
Keep your hopes up, collect as much evidence as you possibly can and be thorough, because failed refugees have it a lot harder than the rest of the bunch. (i failed for a small/stupid reason... it happens)
Read up on these forums, there is so much to learn from each individual case.

Good luck!

Angie

 

[missjohnj]

thank-you so much. His immigration officer in Canada said that he wouldn't need to apply for an ARC but we are still prepared to do one if it needs to be done. We are applying outland, only because my husband is back in St Lucia now and again they say that it is a quicker process outland than inland.

Hope your case goes smoothly - it would be awesome if you kept me posted/updated on your case and processing times so it can give me some type of idea of what is expected/or what could happen with my own case.

 

[PMM]

Hi

thank-you so much. His immigration officer in Canada said that he wouldn't need to apply for an ARC but we are still prepared to do one if it needs to be done. We are applying outland, only because my husband is back in St Lucia now and again they say that it is a quicker process outland than inland.

Hope your case goes smoothly - it would be awesome if you kept me posted/updated on your case and processing times so it can give me some type of idea of what is expected/or what could happen with my own case.

If the removal order was a deportation, then an ARC is required in all cases.

 

[missjohnj]

Oh ok good to know no problem

I was wondering though why is it that the only way that your spouse can come back is through sponsorship? I just know people who after a certain period of time they have come back to Canada after apply for an ARC? sorry just a random question - I have a billion of them lol

anyone know?

 

[Alurra71]

If her husband purchases his own ticket and left in the time frame provided by CIC, and of course showed them he was leaving when he was at the airport and such (got his order stamped or whatever it is they do), then why would he still need an ARC? If all the previous statements hold true, then he left on his own and was not 'removed' from the country by CBSA.

 

[needhimback]

me too in a similar situation...........my hubby to was removed on Oct , 2013, we are getting marry next month. so by the time his papers are being process and he gets back here, it will be one year he remained in his country therefore he will not be require to pay for the ARC ...........it's a 1 year suspension to re-enter back to Canada.

Good luck and I know exactly what you are going through (hang in there)

 

[missjohnj]

Oh i had absolutely no idea that after one year suspension and you wouldn't be required to pay the ARC - wow learning so much already. Every time i talk to the lawyer I'm working with he's very passive and doesn't give me any straight answers (maybe he doesn't want to give me false hope) which is understandable I suppose.

After I give birth I'm actually planning on moving down to St. Lucia for awhile just so we can be together until the sponsorship has processed -and apparently the port of spain takes appx 10+ months to process so I think its nice to know.

Hope you wedding is wonderful and good luck on your sponsorship and the feedback - muchly appreciated

 

[needhimback]

no problem your welcome.....me personal will not be using a lawyer, trust me you can do this yourself. I have not money to waste lol

good luck my dear and happy moving you and baby

if you stay on this forum you wont need a lawyer lol

 

[b4roness]

If her husband purchases his own ticket and left in the time frame provided by CIC, and of course showed them he was leaving when he was at the airport and such (got his order stamped or whatever it is they do), then why would he still need an ARC? If all the previous statements hold true, then he left on his own and was not 'removed' from the country by CBSA.

I also had a removal order that turns into a deportation order if i didn't leave on or before the date given to me. I had to check in with CBSA because they had my passport, and CIC officers also said that it'll be ok once we apply for our sponsorship, just have to have patience. Normally, all failed refugees need an ARC (some are waived!). Every lawyer I've ever spoken to has confirmed this.


Missjohnj: Maybe the CIC officer thought ahead and figured the ARC for your husband may be waived based on his case. That's all i can muster up. Either way, be prepared, and do some research on it just in case. Always good to be prepared =)

 

[PMM]

Hi

I also had a removal order that turns into a deportation order if i didn't leave on or before the date given to me. I had to check in with CBSA because they had my passport, and CIC officers also said that it'll be ok once we apply for our sponsorship, just have to have patience. Normally, all failed refugees need an ARC (some are waived!). Every lawyer I've ever spoken to has confirmed this.


Missjohnj: Maybe the CIC officer thought ahead and figured the ARC for your husband may be waived based on his case. That's all i can muster up. Either way, be prepared, and do some research on it just in case. Always good to be prepared =)

There is no "waiving" of ARC in deportation cases. Suggest you read: http://www.cic.gc.ca/english/information/inadmissibility/arc.asp


3. Deportation Order (form number IMM 5238B)

If you have been the subject of a Deportation Order you will need to apply for an ARC.

Note: A Direction to Leave Canada (form number IMM1217B) is not a removal order. If you have been the subject of a Direction to Leave Canada, you do not need to apply for an ARC. You may return to Canada subject to normal examination at the port of entry.

 

[b4roness]

The information I stated above is gathered from previous cases and legal advice. I've read up my fare share of ARC info, including the link you posted. One thing we all need to remember is that sometimes it's to the V.O.'s discretion whether an ARC is needed or not (this too was info gathered not just from cases, but lawyers. I spoke to more than 5, to get different individual opinions on the matter, because even on the forum here, everyone has their own specific case, and often the differences in decisions are based on the decision of the V.O.)

If i was misinformed by the number of people I've spoken to (failed refugees) then my apologies, but they ALL can't be terribly off/wrong about the matter. On the other hand, the failed refugees who were asked to present an ARC usually passed. I've yet to find a case that hasn't. If you do know of one, please let us know on here.

Angie

 

[b4roness]

PMM,

Just to add, I'm actually hoping that you're right on the matter overall, because there are just way too many different outcomes when it comes to the ARC. I'm sure everyone wishes that they get their ARC or interviews waived, but as I stated earlier, we all need to be prepared for anything. The forums have been very informative on the matter, but we could be misinformed because people may have posted something a bit off/wrong. But i cannot deny the cases that were waived (albeit RARE), unless the information provided wasn't compete (aka the user was misinformed about which removal order they initially had).

 

[folks-g]

hi there missjohnj am also from St.Lucia doing the inland app.first of all congrats on the baby. there are many things that will be looked at with your application like the amount of time you have been together and married I would suggest gathering lots of evidence such as photos covo's you had when u first started dating letters from your friends and family attesting to your relationship.the fact that you are pregnant with his kid is a very strong indicated of how genuine your relationship is you will have to include a letter from you physician along with the app.it will be an uphill battle but you can be reunited with your husband it all depends on how strong you present your case to cic.about the arc if he was issued an exclusion order it means that he is not allowed to returned to Canada within a year however if your application is done during that time then he will for sure need an arc if he was deported then he would need an arc.

 

[missjohnj]

I've gathered a billion pictures of the two of us as well as our wedding photos, ultrasound photos and previous doctor visits - really good idea on getting a letter from my doctor though - I didn't think of that.

I have cards that we have given each other but we have no emails or letter due to the fact that we were honestly with each other everyday when he was in Canada. So I've started to save our conversations no that we are apart.

this process is crazy

Good luck on your process and thank you