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Sponsorship application & Departure order
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mszilvim

Richmond hill
6 Posts

Posted - 12/09/2005 :  11:04:42  Show Profile
Hi Everyone

I hope someone can help me

I'm sponsoring my husband,we got married in Oct.16 2004.We sent our application(withhin Canada)to Vegreville on April 14,2005.They received it on April 18,2005 and started processing it on July 04,2005.We have not heard anything since.

My husband claimed refugee status in 2002.His claim was rejected in July 22,2005.He's applied for PRRA in Sept 21,2005.

Yesterday he had to attend in person at the Enforcment centre and he received the decision on his PRRA application(REJECTED),so he has to leave Canada on January 31,2006

Officer told us yesterday there is nothing what we can do about it,because nothing will stop his removal from Canada

Is This True?

We called a lawyer,told him about our situation but he could not understand why he has to leave since our sponsorship application in process.He's going to call me back next week.

I would appreciate any answers

wongn

Markham
1195 Posts

Posted - 12/09/2005 :  11:34:51  Show Profile
Having a sponsorship application in progress doesn't mean he is legally allowed to stay in Canada when he doesn't have valid temporary residence status (ie rejected refugee claimant).

The following are extracts from the application guide:

IMM5289 - Inland spousal sponsorship guide, Page 26:
"You must have legal temporary residence status in Canada to remain in the country legally without the possibility of being removed. Having legal temporary residence status means you have a document issued by Citizenship and Immigration, which allows you to remain in Canada for the period of time specified on your visitor document (work permit, study permit) or on your temporary resident permit."

IMM5289 - Inland spousal sponsorship guide, Page 26:
"Although out-of-status spouses and common-law partners may now apply for permanent residence in the Spouse or Common-law Partner Class, persons without legal immigration status in Canada are unable to work or study and may be subject to removal proceedings at any time for failing to have or maintain legal immigration status in Canada."


You may also want to check the FAQ on the Feb/05 policy change that allows PR applications from out-of-status spouses:

Q: Does this announcement mean that people under removal orders who are married to a Canadian citizen or a permanent resident will be able to stay in the country until their application is assessed?

A: Most spouses and common-law partners can stay in Canada while their application is being processed. However, applicants who are under an enforceable removal order and who are not permitted to have a hold put on their removal (administrative deferral of removal) will be required to leave Canada. Their application for permanent residence will continue to be processed and, if positive, the applicant will be able to return to Canada.


Friesen

Cal
74 Posts

Posted - 12/09/2005 :  14:52:31  Show Profile
wongn

Please see your response below to my Q in SARAYORK thread:

(You may want to refer to CIC Policy manual IP8, Section 5.18:

"5.18 - Spouse or common-law partner who is a refugee claimant

"A spouse or common-law partner who was issued a work or study permit when their claim was referred to the Refugee Protection Division is not a temporary resident as per R202 or R218. Therefore, they do not meet the requirements of R124(b) and do not qualify as members of the spouse or common-law partner in Canada class.")

Sorry, I am still so confused. In this case of mszilvin, they were allowed to apply in family sponsor category even though the husband was a refugee claimant...so technically he had TRV as a refugee before the rejection took place. They accepted his sponsored application and was in process before the rejection of his refugee claim on July. That is how I can see the contradictoion here. If it is true that refugee claimant is not considered member of the family class category why did they receive his application and started the process, irrespective of the outcome of the family sponsor application later. So again if we assume that the rejection of his refugee claim did not happen at that time, that means his family sponsor application could continue to progress and he could have PR status if the application in family class was successful
Can you please explain this again to me.
Thank you

Friesen




Friesen
LF

wongn

Markham
1195 Posts

Posted - 12/09/2005 :  16:53:33  Show Profile
Friesen,

Mszilvin sent in the application for spousal sponsorship and CIC is processing it. That doesn't mean the result is going to be favourable. I would assume that CIC is taking this time to check whether their relationship is genuine and check whether the applicant is admissible. And CIC will take the fact that he was a refugee claimant and was rejected and is now under a removal order under consideration when assessing his application.

Mszilvim will have to keep this forum updated on the progress of her application to see if CIC will grant her husband approval in principle.

mszilvim

Richmond hill
6 Posts

Posted - 12/09/2005 :  17:37:04  Show Profile
Hi Everyone I will keep this forum updated.
I called CIC call centre today and told them about our situation.I wanted to know if they going to process our application if my husband is under a removal order.
She said we should receive response from Vegreville in January,because the processing time is 9 months now.(first stage of approval)
I also wanted to know what is going to happen if CIC will grant my husband
AIP and it is favourable. She was not sure about it.
But she said may be we should apply Outside of Canada.
So I guess i should withdraw my application while still in process and apply outside.

I'm really confused


Friesen

Cal
74 Posts

Posted - 12/09/2005 :  18:06:22  Show Profile
wongn

Thank you but again I am more confused:
you said:"Mszilvin sent in the application for spousal sponsorship and CIC is processing it. That doesn't mean the result is going to be favourable.".... so if the refugee claimant is not considered a member of the family, why did CIC agree initially to accept the application?
please read your comment here to see the contradiction oc CIC:
"You may want to refer to CIC Policy manual IP8, Section 5.18:

"5.18 - Spouse or common-law partner who is a refugee claimant

"A spouse or common-law partner who was issued a work or study permit when their claim was referred to the Refugee Protection Division is not a temporary resident as per R202 or R218. Therefore, they do not meet the requirements of R124(b) and do not qualify as members of the spouse or common-law partner in Canada class.")
....my latest understanding of what you said is that every refugee claimant once in a genuine relationship can go ahead and change or add an application under the family class....but in your reply in SARAYORK thread I understand that refugee claimant can not do that.
Thank you for trying to understand my confusion here



Friesen
LF

wongn

Markham
1195 Posts

Posted - 12/11/2005 :  09:34:44  Show Profile
quote:

you said:"Mszilvin sent in the application for spousal sponsorship and CIC is processing it. That doesn't mean the result is going to be favourable.".... so if the refugee claimant is not considered a member of the family, why did CIC agree initially to accept the application?


Friesen,

You have to understand the way CIC processes inland spousal sponsorship applications.

For them to start processing the application, it doesn't mean the applicant is eligible. It simply means a CIC officer has physically opened the application and has entered in all the information into the computer system.

Once CIC is done in determining whether the sponsor is eligible, and the relationship is genuine, then CIC could grant first stage approval. Then the applicant would have to pass the three admissibility checks to get final approval.

I think Mszilvin has to wait for a decision from CIC to see if her husband being a refugee claimant under a removal order would be eligible to be sponsored from within Canada.

And Friesen, I suggest you contact CIC to get a definitive answer on whether refugee claimants under removal order can switch to an inland spousal sponsorship class.

Friesen

Cal
74 Posts

Posted - 12/11/2005 :  10:35:36  Show Profile
wongn

Thank you for your time and patience.
You answered me half way and that is good. However, I am NOT talking about: "after removal order or rejection of refugee claim, whether the person is allowed to be sponsored in family category". What I am trying to clarify is that in priniples, the refugee claimant is NOT a member of the family class and can not be sponsored whether during his claim process, before or after rejection. It seems from my understanding to Mszilvin that this part of policy was disregarded...and this can be good news for me and my husband.
I am sorry to bother you but I found your replies here are so valuable for every one.
thanks

Friesen
LF

wongn

Markham
1195 Posts

Posted - 12/12/2005 :  08:12:31  Show Profile
Friesen,

After looking through the policy manuals, I found this:

OP5 - Overseas Selection and Processing of Convention Refugees Abroad Class and Members of the Humanitarian-protected Persons Abroad Classes:

"Refugees and family class sponsorships

If the refugee qualifies under the family or independent classes, this does not preclude them from being processed as refugees. Refugees are defined by their eligibility as refugees or the HPC classes and their need for protection. As a particular subset of foreign nationals distinguished by this need, they do not undermine the family class or any other class by being processed as refugees. Where a person who meets the eligibility test for resettlement (RA, RS, CR), whether a walk-in case, private sponsorship or UNHCR referral, has family members in Canada, they should be processed as a refugee."


However, I don't think this answers your question about whether a refugee can submit a spousal sponsorship application for PR at the same time while filing as a refugee. The following thread seems to suggest you cannot.

http://www.settlement.org/discuss/topic.asp?FORUM_ID=27&TOPIC_ID=5030

I think your best bet is to contact CIC for a definitive answer.

Friesen

Cal
74 Posts

Posted - 12/12/2005 :  09:34:27  Show Profile
wongn

All I can say now is to give you a very BIG THANK YOU. You are so helpful and of great value to this forum.

Friesen
LF

mszilvim

Richmond hill
6 Posts

Posted - 12/15/2005 :  13:41:05  Show Profile
Hi everyone!

Good news!
We've just got a call from the Immigration office, my husband won't have to leave Canada,because we've got approved on a first stage,so he can wait for the final decision in Canada.
I hope everything is going to be alright!

schong

Toronto
4 Posts

Posted - 12/15/2005 :  14:57:24  Show Profile
Congratulations for you. My husband and I were in the same situation, but he was deported and we have to await an oversea's sponsorship application. good luck to you!!!!!!

Friesen

Cal
74 Posts

Posted - 12/15/2005 :  17:16:46  Show Profile
Hello mszilvim

Congratulation. Please help me as we are more or less in same situation.
You said at first post: "Officer told us yesterday there is nothing what we can do about it,because nothing will stop his removal from Canada"
and then, after a few days "Good news!
We've just got a call from the Immigration office, my husband won't have to leave Canada,because we've got approved on a first stage,so he can wait for the final decision in Canada."

It seems every day prove the CIC is a Mystery.




Friesen
LF

Weatherbee

Ontario
125 Posts

Posted - 12/15/2005 :  17:55:04  Show Profile
Mszilvim

Congratulations to you both! Please keep us posted on the progress. We got AIP in November and are waiting now on work permit.
Happy Holidays! I bet it will be a wonderful one!

Schong, I am so sorry to hear this news! What on earth happened? Be strong! Keep the faith!


   
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