SPOUSAL PUBLIC POLICY

[confusedwife]

Hello All,

I am in a horrible situation and need all the help I can get. I applied to sponsor my husband in-land on Nov. 2009. It was received on Dec. 1, 2009. Since then we have received 2 letters a) our application has been received and b) our application was transferred to our local area office.

On Dec. 1, 2010 - my husband called CIC to check status of his application and was told to report to a local office immediately because information was missing and they needed verification. We attended on Dec. 1, 2010 and was told that the agent reviewing our file was not present we should come back the next day - at this time they kept his passport.

On Dec. 2, 2010, we went back to the offic and my husband was arrested for overstaying in canada!!! He was detained for 5 days in a detention center 21/2 hours from where we live. He was later released on a cash bond of $5000 and he has to sign in twice a week. The officer also issued a Removal Order and said my husband must leave in 2 weeks!!!

Now, after readind the Public Policy, I am still confused as to why our application was not assessed under the spousal public policy.

My husband has no criminal record and he has never been arrested. I would like to challenge the Removal Order and also how do I bring it to CIC attention that they have made a mistake on our application?

We have 2 small children ages 5 and 17 months old and I work 2 jobs while my husband is the sole caregiver of the kids. I cannot afford to lose my family not now, not ever.

 

[rjessome]

You need a lawyer NOW to get that removal order stayed, and a TRP if possible.

 

[confusedwife]

Thanks all!

It surely is. We have contacted a lawyer and we have been in contact with the the Enforcement Officer - after outling the reasons why our application SHOULD have been assessed under the spousal public policy - the Officer advised that the file was sent to him by CIC and that he would have to look into it

I am hoping they made a mistake but that is a horrible mistake. To put my family through something like this? I just don't know what to do.

I will repost as well thanks again.

 

[justina]

I'm so sorry to hear your news. Which is your local office?

That is a scary and sneaky way to get someone deported. It doesn't seem fair at all! I hope there is a happy ending to your story, and soon!

 

[confusedwife]

It was Ottawa but then we moved. So it was transferred to Gatineau (where we now live)

I felt so too. And, according to the officer, he was already coming to kick our doors down and put the kids in CAS since I had an iilegal person watching them nevermind that he's their dad.

 

[justina]

That's horrible!! If he was out of status and there was a removal order issued for him before, why didn't he receive it?

This whole process is so difficult already, I am sorry it is even harder for you and your husband!

 

[confusedwife]

Thanks Jus,

we were getting ready for xmas now everyone is jus moping around - things have def. change around here. Everything is so uncertain everyday. New year's eve is our 1st daughter bday and we are still not sure if Daddy will be around for it. I honestly feel like taking my family and move outta here! I can't deal with all that's going on right now

But we are praying and hoping for the best as well.

 

[dudebr]

It's really odd, to say the least!
I know many people(from this forum actually)who had no status when applied under Spouse Sponsorship and nothing happened to them and they got their PR without any problem.
It's really shocking to hear that, since overstaying is not the main reason for removal order, unless there's crime or other serious problem involved. I am really sorry to hear that. Look for a lawyer and best of luck!

 

[confusedwife]

EXACTLY!!!!

And that's what our lawyer has raised with the officer. No criminal record, never been arrested. He SHOULD have been considered under the policy. But like he said, he just got the file to work on and he will let us know.

However, I don't consider him to be fair at all as he has been insisting that he wants my husband to leave because they do not want to encourage ppl to remain in Canada and wait for their status.

 

[Oil Sand Guy]

Hello All,

I am in a horrible situation and need all the help I can get. I applied to sponsor my husband in-land on Nov. 2009. It was received on Dec. 1, 2009. Since then we have received 2 letters a) our application has been received and b) our application was transferred to our local area office.

On Dec. 1, 2010 - my husband called CIC to check status of his application and was told to report to a local office immediately because information was missing and they needed verification. We attended on Dec. 1, 2010 and was told that the agent reviewing our file was not present we should come back the next day - at this time they kept his passport.

On Dec. 2, 2010, we went back to the offic and my husband was arrested for overstaying in canada!!! He was detained for 5 days in a detention center 21/2 hours from where we live. He was later released on a cash bond of $5000 and he has to sign in twice a week. The officer also issued a Removal Order and said my husband must leave in 2 weeks!!!

Now, after readind the Public Policy, I am still confused as to why our application was not assessed under the spousal public policy.

My husband has no criminal record and he has never been arrested. I would like to challenge the Removal Order and also how do I bring it to CIC attention that they have made a mistake on our application?

We have 2 small children ages 5 and 17 months old and I work 2 jobs while my husband is the sole caregiver of the kids. I cannot afford to lose my family not now, not ever.

You should have posted all details as you did in the other forum. Otherwise, you will get a useless advice here. here what you said there:Hello All,

I applied to sponsor my husband on Nov.2009 in Ottawa, Canada. We have 1 child together and have been together since my older daughter was 2 years old. My husband is an awesome man, father and husband. We have been married since June 2009 but have been together since 2007.

So far, we have received two(2) letters from CIC advising that (a) they have received our application and (b) our application was transferred to the local area office (ottawa).

On Dec. 1, 2010, my husband called the 1-888-242-2100 number to check the application of his application. He was advised that there was some information missing and that he should attend the CIC office immediately to verify the information. We were told to attend an office in Gatineau, Quebec since we moved to Gatineau.

I left work on Dec. 1, 2010 and brought my husband to the CIC office. We were advised that the agent reviewing the file was not available and that we should return on Dec. 2, 2010 at 9am to meet with the agent. They kept my husband´s paasport.

On Dec. 2, 2010, we arrived at the CIC office. The agent came out to the door and said he need to speak to my husband then he will talk with me after. Two hours later the agent emerged to explain that there had been a warrant for my husband´s arrest issued in 2003 and that he has executed the warrant!!

He further explained that my husband came to Canada in 2002 ( for the 3rd time) on a work permit but failed to leave in 2002 and subsequently an arrest was issued. I tried to explain to the agent that we were not aware of a warrant and that we have already submitted an application for sponsorship a year ago. He said that he was planning to come to our house on the monday to kick my door down and arrest my husband. I tried to explain that I have 2 jobs and my husband takes care of the kids so I can keep employment and pay the bills. He said that didn´t matter, his plan was to arrest him and take my children into CAS because I have an illegal person babysitting them. I later found out from him that my husband would be transferred to a Detention centre in Laval, Quebec - 21/2 hours from our home and that his court date would be the following monday. Meaning, he would spend the entire weekend in jail!!

My husband has no criminal record at all and has never been to jail in his life. I have never been apart from my husband and my family has never been apart since until his arrest. I drove everyday for 21/2 hours to and from Laval to visit my husband. On the day of his court. He was rleased on a cash bond of $5000 and he has to sign in every 2 days.

The day we went to sign in, we met with the same officer who advised that he has amended the release conditions from tice a week to once per week and that he is now working on the removal order for my husband to leave Canada.

My family is being torn apart and I feel helpless!! I don´t know what to do now. I cannot afford to pay a babysit with the hours I work and we just bought a house together. I depend on my husband for alot - he´s my everything! He cooks, takes care of the kids, put our daughter on the bus - he does everything. I need some advise on what to do.

As I understand it now, if/when my husband leaves I will have to submit a new application to sponsor him. I find that really harsh since we have been waiting for a year now!! Can anyone please help me to help my family stay together. Please advise on what steps to take now. We haven´t received a removal date yet.

PLEASE HELP US! I AM WILLING TO DO WHATEVER IT TAKES FOR MY HUSBAND TO REMAIN WITH US IN CANADA UNTIL HIS APPLICATION IS PROCESSED

[09-12-2010,22:32]
[***.93.104.112]
confusedwife

 

[ditta]

What was your husbands status between 2002 and recently? Was he out of status absolutely? I don`t know how much a lawyer can help you- and wish you with all my heart he/she can- but I don`t see that he won`t be removed from Canada. It`s the applicant`s responibility to maintain legal status at all times- your husband should have known that he overstayed his visa and obtain information on the consequences. There is a difference if you apply for PR while you are out of status, for example your visa expired and you did not ask for an extention yet, but you are in the 90 days given or you are out of status for a long period of time. Please don`t get me wrong, I do not have any intention to pick on details as it is a horrible situation.

 

[scylla]

ditta -

Based on the information that was posted on the other board (yes - I read it too Oil Sand Guy) he's been out of status since 2002.

 

[prof456]

OK...the post by the OilandSandsGuy makes more sense and clears up my suspicion. Unfortunately, your husband was probably economical with the truth (to you) with regards his arrest warrant based on your comments to the IO. He had a warrant for his arrest because he committed a crime (unfortunately, overstaying is a crime); thus he is eligible for removal. In fact, I'm sure this info is not consistent with what you filled on your application forms and it can be termed misrepresentation with other consequences. It's very unfortunate and I can only imagine what you may have to go through but I sincerely doubt any lawyer can help you here especially since the IO is fast tracking his removal order. Perhaps the media can help create a buzz (or maybe your MP) but it may just be prolonging the inevitable - his removal. You are quite lucky that the IO is willing to listen to you and your husband was released on bail. I know of a similar situation where the dude was arrested when he went into the office and deported within a few days. His wife had to make international trips to visit and re-apply for his PR.

I just have to point out one thing to some folks who are without status. Although the spouse is able to sponsor you inland, the law is such that the IO can twist the rules and get you deported. Since you cannot appeal an inland decision, all the IO has to do is come up with a seemingly "flimsy" reason (these decisions are largely subjective) why he/she feels he is not convinced about the sponsorship. The moment he/she denies the application, the applicant is back to square one - without status and the applicant is subject to removal. Just thought I'd state this so that other folks learn and thread cautiously.

Confusedwife, I'd make some consultations and post if I have any new info; otherwise, I wish you all the best and hope your (husband's) case is resolved favourably.

 

[confusedwife]

I will keep everyone posted as it goes along. However, under the public policy, being out of status is not a crime but rather a violation of the IRB act and as it states in the policy eventho the individual is considered inadmissable, he is still considered under the public policy.

The IO was not the one who released my husband but an immigration judge did under the grounds that he has has ties to the community and they don't believe he's a flight risk. I am unable to post the link to the policy here.

The CBSA officer feels that it would be of his discretion if he allows the application to proceed. He will also allow us to make submissions as well.

Everything on our application matched exactly what happened and I knew within a few months of dating my husband of his status just didn't know what to do about it.

On the other hand, ignorance of the law is not an excuse and I have accepted responsibilty and is trying to fix it. It is also very true what they say that it's a case by case situation.

 

[confusedwife]

Question: Is there a time limit on how long a person can be out of status?

HERE ARE PARTS OF THE ACT:

Lack of Status
For the purposes of the current public policy only, persons with a “lack of status” refers to those in
the following situations:
• persons who have overstayed a visa, visitor record, work permit or student permit;
• persons who have worked or studied without being authorized to do so under the Act;
• persons who have entered Canada without the required visa or other document required
under the Regulations;

THEN THIS IS WHERE IT GETS CONFUSING

“Lack of status” does not refer to any other inadmissibilities including:
• failure to obtain permission to enter Canada after being deported.
• persons who have entered Canada with a fraudulent or improperly obtained passport, travel
document or visa and who have used the document for misrepresentation under IRPA
• persons under removal orders or facing enforcement proceedings for reasons other than the
above-noted lack of status reasons.
NOTE: Most persons who are under a removal order or facing enforcement proceedings are eligible for
initial consideration under the public policy as they meet the criteria in R124... They cannot however
receive a positive final decision or acceptance of their case (i.e., grant of permanent residence) as they
will be found inadmissible in the step two examination of their case.