Very urgent :: Rejected refugee claimant but spousal sponsorship in process

[anonym]

PLEASE READ THE STORY AND GIVE ME SUGGESTIONS

Hello everyone, I am posting this forum because I think I will get some good replies which might help me in my case.
So, here is my story, I am a refugee claimant and my case got rejected on june 2013, then i applied for Federal and they also rejected my case. I was called in for interview with CBSA on January 2014 and they gave me two months of period because my sponsorship was in process, my spouse and i have applied for spousal sponsorship for my PR on september 2013 (my spouse is PR since 2008 and her citizenship is in process) .CIC hasnt given the first approval yet for us but i got letter from them on 1st week of march 2014 that my case was transfered to CPC - Mississauga.
The worst news is that I went to interview again with CBSA on 24th march,2014 since the two month period they gave me ended. They told me that they didnt get any reply from CIC so i have to leave Canada, but i have the medical condition of severe depression and have been on prescription drugs since my refugee claim was rejected on june 2013 so they gave me another grace period of 1 week and till then they will find out if those medicines are available in my home country.
So, my fear is that when i go for the interview with CBSA on first week of april 2014, they will ask me to leave canada. I dont know what to do in this situation, i still have 3 more months till i can apply for PRRA or H&C and CIC hasnt given their first approval yet. I also have medical condition and the most important thing is that i cant leave my spouse since i love her so much and have been in relation with her since jan 2012 however we married on july 2013.

CAN SOMEBODY PLEASE TELL ME WHAT TO DO AND HOW CAN I STAY IN CANADA LONGER OR AT LEAST TILL I GET FIRST APPROVAL FROM CIC.

 

[Alurra71]

I am sorry to be the bearer of bad news, but if CBSA demands that you leave Canada, then you must leave Canada. When that happens, your INLAND sponsorship will become null and void and you and your spouse will then have to file an outland application starting from the beginning. There really isn't much you can do to 'fight' to stay inside Canada since you have already taken up all the steps available at this time. I would prepare for the worst and hope for the best.

Good luck.

 

[zardoz]

I see a massive "red flag" already from the timeline information provided.

You got rejected for refugee status in June 2013 and you immediately married a Canadian PR in July 2013.
I suspect that CIC will see this as a possible "Marriage of Convenience", regardless of your motives, and will treat the application accordingly.

 

[keesio]

Yes, I'm afraid the OP's road to residency in Canada will be a very long and difficult one.

 

[SenoritaBella]

I am so sorry you are going through this. Do you have a lawyer helping you?

For those that know more about this process - why would CBSA want to remove someone when they haven't heard from CIC yet on their first stage approval and have no control when that will happen? Doesn't it make more sense to wait until that happens? ??? ???

 

[Alurra71]

They used to give the benefit of the doubt and not remove folks in these situations, however, they have since 'cracked' down on these situations and can and will remove someone from the country after a rejected refugee claim.

 

[svetlana]

i hope you will be able to stay in canada...i had the same situation..i overstayed my visa and had a pending inland sponsorship application. they told me to leave and i left. it was depressing but think that times flies quick...and a year is nothing when two people want to be together. to fight with CBSA is very hard process and almost impossible to win...

 

[torontosm]

For those that know more about this process - why would CBSA want to remove someone when they haven't heard from CIC yet on their first stage approval and have no control when that will happen? Doesn't it make more sense to wait until that happens? ??? ???

The CBSA would remove someone because their refugee claim (and subsequent appeal) was rejected, and as such, the person does not qualify to be in Canada. The spousal sponsorship process is independent of this and can be done from outside the country as well.

 

[mikeymyke]

Yeah that's a HUGE red flag, probably the biggest red flag you could have on a PR application: a failed refugee immediately marrying a Canadian after refugee claim refused.

There's really nothing you can do to stay in Canada longer, but even your spousal sponsorship route will be a long journey.

 

[svetlana]

what about if i have exclusion order? what are my chances to go back to my husband? i oversatyed my visa

 

[Alurra71]

You will have to serve out your exclusion and then obtain an arc.

 

[svetlana]

i wont need ARC if exclusion order is up

 

[Alurra71]

i wont need ARC if exclusion order is up

So, assuming that you served the exclusion time AND also have your certificate of departure then you are correct you do not need an ARC. If you have not served the exclusion and/or you do not have your certificate then you will need to obtain an ARC.

 

[anonym]

VERY IMPORTANT

​

Thank you everybody for your response, As i mentioned in my last post and the fear that i had really happened today. I went to the interview with CBSA and they asked me to leave canada within a month. I am so frustrated right now. I dont know what other options i have.
But i heard some people can still hire a lawyer and can obtain a stay order till my sponsorship is completed. Do any of you know how much true is that? and if i do that then how long will it take for me to get the stay order. I am also wondering if it harms my sponsorship process or no?
If you guys know such kind of lawyer please can you provide me with the information or if you have any other ideas about such kind of case, please let me know.

 

[zardoz]

VERY IMPORTANT

​

Thank you everybody for your response, As i mentioned in my last post and the fear that i had really happened today. I went to the interview with CBSA and they asked me to leave canada within a month. I am so frustrated right now. I dont know what other options i have.
But i heard some people can still hire a lawyer and can obtain a stay order till my sponsorship is completed. Do any of you know how much true is that? and if i do that then how long will it take for me to get the stay order. I am also wondering if it harms my sponsorship process or no?
If you guys know such kind of lawyer please can you provide me with the information or if you have any other ideas about such kind of case, please let me know.

I believe that you are now out of options. You have probably been given a Departure Order and if you don't comply, it automatically becomes a Deportation Order. Your inland sponsorship application will die as soon as you leave. It would have to be started again from the beginning as an outland application. However, read http://www.cic.gc.ca/english/resources/manuals/enf/enf10-eng.pdf - Section 10 and 11. You might find something there...