Spousal Sponsorship - No Status - Deportation

[Percy Weasley]

Hi Everyone,

I will try to make this as little confusing as possible.

I first came to Canada in Nov 2008 when I was still underage, my parents applied for Refugee Status which was denied in Dec 2010.
I met my wife on my first day of school in Feb 2009, and started dating in Jun 2009.
My parents submitted and Appeal on the refused refugee claim and that was also turned down in Jun 2011.
My wife and I agree to get married right around the time when the PRRA was refused and so we were told we had to leave Canada on Nov 2011
We got married 4 days before me and my family went back and for reasons hard to explain (too long) my wife was not able to submit an outland sponsorship as initially planned.
She joined me in El Salvador in Jan 2012 and because she is from Uruguay she had so much trouble getting a work permit and decent health care (She has been diagnosed with epilepsy)
In Jul 2012 we came back to Canada, she flew in and I flew to the US where I crossed the border on foot. (No checkpoint)
I started working at my old job in The Home Depot using the work permit and SIN that was issued to me when still a refugee claimant.

We finally submitted an Inland Sponsorship on Oct 2013 (That's when we had gathered the money and finally got all the documents needed)
I submitted an application to extend my work permit in Jan 2014 (Expired on Mar 2014) and a couple of days before the expiration date I got a call from a CIC Officer who wanted to know my whole story, starting with how had I received a work permit in the first place to why had I crossed the border illegally instead of submitting an Outland Application.

I received a letter with his decision a couple of days ago saying that "you have entered Canada without authorization after having been deported
and you’re working in Canada without authorization" and that "Please leave Canada immediately and confirm your departure with the Canada Border Services Agency. Failure to confirm your departure may result in enforcement action being taken against you."

(My wife was a PR until last month so she couldnt really sponsor me while abroad; because of her medical condition she is not able to live on her own and thats why I came illegally thinking that I had left on a departure order I now realize that because a PRRA was submitted mine became a deportation order.)

Any thoughts on this? Thanks if you read the whole thing by the way, its kind of a long story.

 

[Leopold_31]

I think you are fucked. Canada will prob never let you in again, because you entered the country illegaly

 

[commonlawsponsor]

I sort of think the same....

Your only option now would be to contact a lawyer. But even then...

 

[Percy Weasley]

I think you are *censored word*ed. Canada will prob never let you in again, because you entered the country illegaly

As I understand the real problem would have been if I had used false documents to make it through the border. I entered Canada illegally the first time as well, when making the refugee application.

 

[Ponga]

Yes, that would have made your situation substantially more difficult, however this is still a serious matter that you should discuss with an experienced lawyer.

There is a publication (somewhere) on the CIC website that discusses the issue of a person that has entered Canada without documentation (sneaking across the border), but unfortunately, I don't have time now to look for it right now. I believe it's either an Enforcement Manual (ENF) or an Inland Processing Manual (IP):
http://www.cic.gc.ca/english/resources/manuals/index.asp


Good luck!

 

[Alurra71]

Well, you were originally 'deported' from Canada. In order for you to have returned 'legally' you would've applied for a visa of some sort and an ARC (authorization to return to Canada). You did neither. At this point you have committed a series of 'crimes' that may in fact make you inadmissable to Canada. First thing you MUST do is resolve your status. The only way you are going to do this is to take yourself to your nearest border, and introduce yourself to CBSA. Bring along the letter that was sent to you. Inform them that you are leaving on your own will.

From there, you, my friend, I am afraid in for a long, long , very long application process to be granted PR status in Canada. If your wife is now a cititzen of Canada, I suggest you and she return back to your home country for the duration unless you don't mind the separation.

Find a very good lawyer that is experienced in this area particularly. Do not continue to stay inside Canada any longer because the longer you stay the higher the risk of you being banned from entry into Canada.

Good luck.

 

[steerpike]

Obviously you have to return yo your homeland immediately.

A deportation order is a permanently ban. You can apply for an ARC to have it lifted. But your transgessions wil have a very negative effect on any future sponsorship attempt.

You need to talk to a lawyer, but it may be possible to eventually do an outland spousal sponsorship application.

 

[Becki567]

I agree that you are in a world of trouble.

You knew what you were doing was wrong or you wouldn't have crossed the border the way you did.

I suspect and hope the CIC comes down on you hard. It is people like you that work illegal, cross the border illegal and maybe even have marriages of convenience that take up the resources and time. These delays create longer wait times for all of us that have followed the rules. It is unfair and you certainly have no sympathy from me

 

[zardoz]

Potentially, it's a CAD 50,000 fine and/or two years in prison, and that's just for illegally crossing the border. (IRPA s124).

@Ponga Yes, it's in http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf - Section 20. That's where A124 is referred to.

 

[Ponga]

Potentially, it's a CAD 50,000 fine and/or two years in prison, and that's just for illegally crossing the border. (IRPA s124).

@ Ponga Yes, it's in http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf - Section 20. That's where A124 is referred to.

Thanks for digging that up. I was surprised to read this little snippet:

A BSO who becomes aware that a person is attempting an unauthorized border crossing should
first notify the RCMP. The primary responsibility for patrolling the border rests with the RCMP.
The CBSA Investigations Division should also be notified.

I thought CBSA was the `end all' for border issues.

 

[Percy Weasley]

So far I have already spoken with 2 lawyers and a consultant (who happened to be a Chief CBSA officer) and they all seemed very surprised about the case. I have my very personal reasons to have come back the way I did and honestly I never even knew the work permit I had was invalid (Stupid as it may sound)

I have been very honest to CIC from the beginning and one of the lawyers I spoke to said that is the best that could be done and that if they really wanted to they would have already sent somebody for me and that I should wait until the Inland app is either approved or refused. (apparently not having a status because of anything other than criminality is not that bad)

I didn't want to take advantage over anyone doing the application the right way just to clarify on that and I have no gain on all this, I wouldn't have done it if it wasn't because my wife couldn't be in here alone.

To anyone wondering I think I will just withdraw the Inland App and submit another one Outland and like Alurra71 said just let it wait as long as it takes. There is no problem now that she is a citizen.

 

[Canadian_belle1]

Just because they haven't sent anybody to physically remove you from the country doesn't mean it won't happen. My friend does this for a living. That letter was your first warning. If you don't leave, or you try to "disappear" by stopping working, removing your name from all your bills, etc., they will know you haven't left because you haven't registered your departure with CBSA. Leaving of your own will may help you with sponsorship but there are no guarantees.

If you don't leave they will subpoena you to leave. If you don't show up, they will track you down and force you to leave the country. I call them Immigration Bounty Hunters. It is a very real thing and I can pretty much guarantee you that you will not be granted sponsorship if you leave that way.

I hear what you are going through, but I suggest you leave voluntarily, apply outland and have friends and family care for your wife until you can return. And she can always go visit you!

Good luck.