Suggestion/recommendation in "special situation"

[Dhudson]

Forwarding question from one guy, may be somebody have suggestion/recommendation for him:
1. He has failed his refugee claim in 2014, and after did not come on deportation date (that mean illegal status in Canada and I think wide immigration warrant order)
2. After a year he got absolutely legal (by love) married with PR of Canada in early 2015.
3. Now (in Sep. 2015) he/they applied (within Canada) for Permanent Resident spouse program like family.

Is any chance to him to stay in Canada without deportation or anybody knows cases like that one who got PR(hard to answer Wink )?

What will be the best for him ?:
1. Wait for answer from CIC or and arrest from CBSA?
2. Or surrender to CBSA by him self?
3 .... something else?

Thanks everybody for any answers.
Regards,
D. Hudson.

 

[Ponga]

2. After a year he got absolutely legal (by love) married with PR of Canada in early 2015.


Unfortunately marrying a Canadian doesn't make a person LEGAL, regarding their immigration status.


If he is now under a deportation order,...he will certainly be removed from Canada and may face a life time ban.
His best option is to leave Canada ASAP. Hopefully his spouse will want to move to his country.

 

[Dhudson]

2. After a year he got absolutely legal (by love) married with PR of Canada in early 2015.

Unfortunately marrying a Canadian doesn't make a person LEGAL, regarding their immigration status.
If he is now under a deportation order,...he will certainly be removed from Canada and may face a life time ban.
His best option is to leave Canada ASAP. Hopefully his spouse will want to move to his country.

Thanks,

I'll forward that to him,
I also suggested to him to go to CBSA, but he has some "lawyer" who told him : "Don't worry and just hide and wait for PR status". I don't really think what is could be happened what I asked here , may be someone knows about similar case.

 

[Ponga]

If the lawyer is aware that he has a deportation order against him, he's [in essence] aiding and abetting him by telling him to `hide'.

A deportation order goes into effect automatically after a departure order deadline has passed.

 

[Alurra71]

Once he applies under 'family class' he is no longer hiding and is subject to deportation like any other illegal subject inside of Canada. If he wants to be come 'legal' his only option is to leave the country as he was decreed to do. Failure to do this means he will continue to be illegal until a decision is made on his family class application.

It should be noted that because he was a failed refugee that his application is likely going to accrue some very serious scrutiny to ensure his marriage is a valid one and not one of convenience. He should expect it to take longer than the current posted times and likely will require an interview.

Just a word of advice for him. Fire that lawyer, he is going to cause some irreparable harm with statements like "hide and wait it out" ....

 

[Dhudson]

Thanks for detail answers, will forward all to him.

Like I understand is no any chance for him to get status before deportation (except H&C) and CIC will not process his spouse application while he is here ? Like I know you able to apply for spouse application even you have not status right?

Thanks again!

Regards,
D. Hudson.

 

[kisaki]

No there's no way for him to get a status. Applying for sponsorship doesn't give a status. He has to get out.

 

[Dhudson]

No there's no way for him to get a status. Applying for sponsorship doesn't give a status. He has to get out.

Thanks!

 

[Alurra71]

Thanks for detail answers, will forward all to him.

Like I understand is no any chance for him to get status before deportation (except H&C) and CIC will not process his spouse application while he is here ? Like I know you able to apply for spouse application even you have not status right?

Thanks again!

Regards,
D. Hudson.

There is no way for him to get a legal status at this point. CIC would process his application without status, as long as it was a 'from within Canada' application. I heard a while back that changes may be coming to that loophole that allows out of status family members to apply from within Canada, but I don't think its been closed yet. As I said previously, he would be at risk of deportation the entire time his application was processing because he would lack status. He would not qualify for the OWP pilot program because you need a status to qualify for that program. He could possibly finally get a status after sponsorship approval, however, I suspect there will be an interview and intense scrutiny of his details before that happens. Last I looked, without issues, first stage approval was taking around 17 months. If you take into account a likely interview and other factors, it could be closer to 24-30 months before first stage approval in this case.

 

[Ponga]

There is no way for him to get a legal status at this point. CIC would process his application without status, as long as it was a 'from within Canada' application. I heard a while back that changes may be coming to that loophole that allows out of status family members to apply from within Canada, but I don't think its been closed yet. As I said previously, he would be at risk of deportation the entire time his application was processing because he would lack status. He would not qualify for the OWP pilot program because you need a status to qualify for that program. He could possibly finally get a status after sponsorship approval, however, I suspect there will be an interview and intense scrutiny of his details before that happens. Last I looked, without issues, first stage approval was taking around 17 months. If you take into account a likely interview and other factors, it could be closer to 24-30 months before first stage approval in this case.

If the OP's friend has a deportation order now, because he did not adhere to the departure notice, doesn't that make him indamissible to Canada, and therefore wouldn't qualify for sponsorship?

 

[Dhudson]

Like he told me : he has deportation order more then year already and like I think he also has warrant order because like I know CBSA make warrant order out as soon the person he did not adhere for departure scheduled date.

Based on answers I will try to draw the bottom line :
1. CIC will keep working with his application while he is in Canada and not deported , it could take 17-30 months.
2. If CBSA will find his location - he will deported.
3. Based on his case CIC could ask for interview and for sure after interview CBSA will deport him even interview was went well.

Please correct me if I am wrong

 

[Alurra71]

If the OP's friend has a deportation order now, because he did not adhere to the departure notice, doesn't that make him indamissible to Canada, and therefore wouldn't qualify for sponsorship?

Not sure about that Ponga, since technically he is still IN Canada. I believe if he can actually get his full PR before they act on the order or actually deport him then they kind of cancel one another out.

He won't be able to "hide" once an application is lodged anyway, so it really is a moot point I think. If he's been hiding out this long, once an application is lodged, he will need to stay where he is in order to finish it and CBSA can go and do their thing.

@Dhudson

Answers to your questions numbered as same.

1. It could take 17-30 just to complete stage 1. There are 2 stages to get to full PR. The time to complete the second part of the application really depends on many factors, but that could take anywhere from 12-24 months again on top. So if you take ALL of the times it could take him upwards of 5 years to become a full PR. That is a long time and a lot of stress on a marriage for his spouse to have to fully support him while he 'hides' from CBSA.

2. If CBSA wishes to enforce his deportation order, then yes, he WILL be deported. If he is deported forcefully he will be unable to return to Canada, even if he gets successfully sponsored for PR without an ARC. That will add some more time and money to his bid.

3. An interview with CIC regarding his relationship with his wife has NOTHING to do with CBSA. Again, if they want to locate and deport him, it could be before/after/during his interview. They are not the same department.

Instead of looking for ways to 'thwart' the rules and regulations, why not just advise him to leave now under his own power. He can speak to a CBSA agent just prior to his departure. It would be far better on him than if they catch him and then send him packing.

 

[Dhudson]

Thank you Alurra71 , Appreciated!

I told him already to contact to CBSA officer before they catch him and deported. but look like he scary come back to his origin country....

 

[Ponga]

Not sure about that Ponga, since technically he is still IN Canada. I believe if he can actually get his full PR before they act on the order or actually deport him then they kind of cancel one another out.

The way that I interpret the following (from the latest version of IP8 [May 2015]), he would not be approved:
http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf
(bottom of page 65)

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.

 

[Aquakitty]

The way that I interpret the following (from the latest version of IP8 [May 2015]), he would not be approved:
http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf
(bottom of page 65)

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.

Doesn't that say the reason has to be "for reasons other than lack of status?". I don't know what a failed refugee claim would mean though, if that is considered lack of status only or something else.


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;
 persons who have entered Canada without a valid passport or travel document (provided
valid documents are acquired by the time CIC seeks to grant permanent residence).