Spouse in canada deportation under 18

[sunbab]

hello,

I am recently married to my wife who is in Canada and under 18. We married with parental consent.
Her refugee file is with her dad and they got quebec selection but not the PR because he couldnt provide police bg documents from India.
Now he is detained and most likely be deported. Will my wife also risk deportation because her file is with him or because she is married to a canadian citizen she is safe?
Thanks

 

[CDNPR2014]

being married to a canadian citizen does not give a person the right to stay in canada without legal status. if her father's case was rejected, i'd assume hers was too. so if she does not have legal status in canada, she is at risk of being asked to leave or being deported.

does she currently have legal status? is he here on a visitor's visa? how long has she been here?

in order for your wife to remain in canada, she needs to have legal visitor's status. how she does that depends on when she entered, how she entered and whether she has a current visa.

if you want her to live in canada full time, you will need to start the process to sponsor her as your spouse and she needs to be approved for Permanent residency. it will probably be a very difficult process considering she has a failed refugee claim and married very young. i'm not even sure she can apply if she is under 18. someone else with more experience will advise on that...

 

[Ponga]

As long as she is not already `Removal Ready', in the eyes of CBSA, and if she has legal status, the OP can submit an Inland application and an OWP. This may allow her to remain in Canada until the PR has been processed.

*edit*

CIC changed the eligibility rules last year. Now, a spouse must be 18 years of age as of the day that CIC receives the PR application:
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1080&top=14