Spouse is a refused refugee claimant, what time line should I expect?

[nzk0]

Hello, I have just started the immigration process (spousal sponsorship) with a lawyer in Montreal for my wife who is a failed refugee claimant. Our situation is the following:

We have been married for a little over two years
We live in Mexico City (We've lived in Mexico for about two years)
My wife's refugee claim was refused (Back when we lived in Canada)
My wife left Canada when she was told to
My wife is Mexican (but that was pretty obvious, I guess)
I am Canadian

I was wondering if anyone had a similar experience and if so, what are the time lines you have expected. I would also greatly appreciate any insight from people who are currently filing for such an application.

Thank you!

 

[gsize]

Hello, I have just started the immigration process (spousal sponsorship) with a lawyer in Montreal for my wife who is a failed refugee claimant. Our situation is the following:

We have been married for a little over two years
We live in Mexico City (We've lived in Mexico for about two years)
My wife's refugee claim was refused (Back when we lived in Canada)
My wife left Canada when she was told to
My wife is Mexican (but that was pretty obvious, I guess)
I am Canadian

I was wondering if anyone had a similar experience and if so, what are the time lines you have expected. I would also greatly appreciate any insight from people who are currently filing for such an application.

Thank you!

greetings. Time line for Mex city is 13 months for 80 % of cases. Add a couple of months for stage1 (approving you as the sponsor) My partner is also Mexican. Expect some ups and downs. Since it is an OUTLAND application.....you can also appeal if denied Stay positive ! 8)
http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp

 

[mikeymyke]

It will probably be a very long time line, because a failed refugee claimant, is one of the biggest red flags for the CIC. The only thing you can do is provide as much proof as you can about your relationship.

 

[nzk0]

Thank you for your response and support, it is greatly appreciated. I had already seen the time line on the website but was wondering how much added time the fact that my wife was a failed refugee claimant would add to the request

 

[nzk0]

It will probably be a very long time line, because a failed refugee claimant, is one of the biggest red flags for the CIC. The only thing you can do is provide as much proof as you can about your relationship.

Do you have an idea about the time line? Should I expect it to take more than one year?

 

[mikeymyke]

Yes it will likely take more than a year, because of the failed refugee claim, they will most likely want an interview, and whenever that happens, it can delay your application by 6-12 months.

 

[gsize]

I hope you wife will be treated better than my partner was. They were very cruel to him......denied (not genuine) We won our appeal but still waiting for his return to Canada .

 

[nzk0]

I hope you wife will be treated better than my partner was. They were very cruel to him......denied (not genuine) We won our appeal but still waiting for his return to Canada .

Oh wow, and how long are you in the process now if I may ask?

 

[nzk0]

Yes it will likely take more than a year, because of the failed refugee claim, they will most likely want an interview, and whenever that happens, it can delay your application by 6-12 months.

Oh wow, I did not think the interview could delay the application so much. My lawyer told me in my case my wife would be very likely to get an interview.

The lawyer did say the process could take up to two years but I thought he was being very pessimistic.

I would still love to hear from someone who actually did experience this and the time frame it took, thank you all for your replies, I appreciate the support

 

[gsize]

are you sure you want to know ? lol

We won our appeal in Toronto (after waiting 28 months for hearing) August 2012. Successful appeals are supposed to be fast tracked to Ottawa.

In my case....the file was sent back to Mexico (only G-d knows why) sitting there until February 2013. It is now in Ottawa waiting for RE processing. My MP tells me, count on up to another year ""maybe sooner but no promises"" - that will make 5 years since we started this disgusting process !!!!!!

Fasten your seat belt. I hope your wife will get a reasonable VO.

I have ordered my GCMS notes but I dont think I will learn anything new

Stay strong and dont let them itimidate your wife !!!!!!!! 8)

Maybe it is different now at the Embassy in Mex city. I dont know. Little did I know they would make us feel like criminals for falling in love. I will continue to fight for my Mexican.!!!!!

 

[mikeymyke]

Did you read the CAIPS notes on your file? I can' timagine what reasons the VO gave to refuse you in the first place

@nzKo: Yes it's disgusting that an interview can delay your application that long, but it's just how it is.

 

[gsize]

'not genuine' then at Appeal....Govt lawyer says......''its not that we think this is not genuine. We have a problem with your timeline" He tried quoting some garbage about similar cases as mine and why it should be denied.

I said...Oh really. Then why are we here sir ? Thankfully, the judge rolled his eyes and said "" I am reversing this decision."" Govt lawyer was not pleased and to add insult to injury he says.......""we will review your decision and possibly appeal."" Can you imagine ? they are not human !

Compassion went out the window a long time ago in Canada !

I will continue to fight for my partner.....now matter how long and hard. !!!!!!!!! My friends want me to go to the media. We will see. I guess it will depend how many more hurdles.

To think, all that is required is a new medical and police report. Hey, whats another few hundred dollars. This nightmare has cost me over $30.000.00 but more importantly, it is my (and partners) health that I am most concerned. Depression, anxiety, stress is a killer that slowly eats away at your soul !

PHew....feeling better now....time for bed !

 

[nzk0]

'not genuine' then at Appeal....Govt lawyer says......''its not that we think this is not genuine. We have a problem with your timeline" He tried quoting some garbage about similar cases as mine and why it should be denied.

I said...Oh really. Then why are we here sir ? Thankfully, the judge rolled his eyes and said "" I am reversing this decision."" Govt lawyer was not pleased and to add insult to injury he says.......""we will review your decision and possibly appeal."" Can you imagine ? they are not human !

Compassion went out the window a long time ago in Canada !

I will continue to fight for my partner.....now matter how long and hard. !!!!!!!!! My friends want me to go to the media. We will see. I guess it will depend how many more hurdles.

To think, all that is required is a new medical and police report. Hey, whats another few hundred dollars. This nightmare has cost me over $30.000.00 but more importantly, it is my (and partners) health that I am most concerned. Depression, anxiety, stress is a killer that slowly eats away at your soul !

PHew....feeling better now....time for bed !

I would have gone to the media a long time ago if I were you, I'm perfectly fine here in Mexico but I'm starting to miss home and 5 years is absolutely unacceptable.

I'm looking for more cases... hopefully a bit more positive than yours lol, thanks for posting

 

[mrsnicflo]

My spouse was denied refugee status and was deported back to Mexico and I am in Canada applying. My lawyer had told me I put together a lot of good proofs of our relationship and to expect around 7 months...so that is totally wrong? I should expect over a year?

 

[gsize]

its hard to say. Im afraid the Embasy in Mex city is not known for their compassion. Try to think positive, some get through with little problems.

It really depends on the VO. You can have the best app and they can (and do) refuse you. 8)