sponsorship vs/PRRA-colombia

[kdmosco]

hello, please help! I'm currently sponsoring my husband, we got married and sent in the application before he got denied refugee. we just sent in the PRRA application last week. is it true that if the spousal application was sent way before the PRRA, there is a good chance he wont have to leave? and PRRA won process his case until we get an answer from spousal sponsor? all your feedback is very much appreciated!

 

[NBaker]

If you submitted your in Canada spousal application before you received your call in letter for PRRA you should have been counseled at your interview of the option to waive PRRA and benefit from a deferral of removal of 60 days during which time CIC is supposed to review and make a first stage decision on the application. CIC does not guarantee that an answer will be made during that time and this also requires that the CBSA case officer alerts CIC that you meet requirements for this having waived PRRA. If the 60 days pass without a stage 1 approval as an answer you could request a deferral of removal from CBSA because of the outstanding application, but the request could be refused and removal could proceed requiring you to restart the process from outside Canada.

Alternatively you can apply for PRRA and must meet the timelines for that and hope that an answer is made on the application during the stay provided by the PRRA process. If not again you could request a deferral of removal if directed to report for removal for the same reason as above which could slso be refused requiring the process to be started again from your home country.

This process can take a long time and much time could end up being spent waiting that might not result in a positive result. Other options are apply for PRRA and an outside Canada spousal application. Stay in Canada for the PRRA which is very likely to be rejected based on overall low rates of positive and then return home to await the answer to the application submitted. If you are called for an interview on the outside Canada application and PRRA is not complete it can be withdrawn, arrange to pay your way home so removal costs need not be repaid. ARC will likey be required if approved. Then return to Canada for landing.

If you do decide to waive PRRA prior to the 15 day deadline for the application and the decision on the application is a rejection you would not then be entitled to PRRA with a stay of removal. You will need to decide what is best for you to do in your particular circumstances.

Good luck.

 

[kdmosco]

thanks for your advice!

 

[Serendipity]

hello, please help! I'm currently sponsoring my husband, we got married and sent in the application before he got denied refugee. we just sent in the PRRA application last week. is it true that if the spousal application was sent way before the PRRA, there is a good chance he wont have to leave? and PRRA won process his case until we get an answer from spousal sponsor? all your feedback is very much appreciated!

Dear kdmosco,


The answer from NBaker is certainly right on the money. Also, and given your current situation, you may want to consider getting some professional counseling ASAP!! If I were you I would not hesitate to contact the expert lawyer in refugee claims from Colombian nationals, whose office is located in London, ON (if you are Colombian you probably know who I am referring to). This is, no doubt, the right time to do it!

Good luck

S.