Spousal Sponsorship

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Subject: Spousal Sponsorship
  I have a spousal application for my girl friend (common law). My girl friend had a refuge application rejected previously. I put the sponsorship application in on March 08. In October 08, my application was sent to the ?local office? in Toronto. Originally, I was told by my lawyer that the application would take 6 months. Now I hear that when the application is sent to the local office, it could take another year!!!
My girl friend doesn?t currently have a status in Canada since her refuge claim was denied. They tried deporting her before. However, we applied for a deferral and got it hoping that our application would be processed in 6 months. Now they are looking at removing her again.
Does anyone know the processing time once an application has been passed to the local office in Toronto?
Is there a way to speed up the application?
If they remove her, can we ask that the in Canada application continue being processed even though she is not in Canada or would I have to start a new application?
I would appreciate any information that could help me.
Mohammad

[01-12-2008,19:59]
[**.226.134.10]
Mohammad
(in reply to: Spousal Sponsorship)
This is another illogical post! Or.......

R U sure you retained a Lawyer? If so should you not be getting advice from your Legal Counsel? I need to clearly understand a few things. Possibly you don´t understand these things or you could shed some light on the situation.

Deferrals of removals are rarely if ever issued by CBSA.

Deferral of removals are only granted after CBSA tells the person to get on the plane on a specific date & time.

Deferrals of removals are only granted in extenuating circumstances for exceptional reasons.

Deferral of removals are only required after the person gets a negative PRRA Pre Removal Risk Assessment.

Now CBSA is known to give a deferral of removal to a new Mother so the Dad can have a couple of months to BOND with the new child.

Now CBSA is known to give a deferral of removal for four to eight weeks for a high school student to finish the term.

Now CBSA is (NOT) known to give any deferrals of removals to anyone who got married after being called to the initial PRRA interview. The reason for this in IP8 is removal takes priority!

Yes CBSA has a heart they just view the situation as this.
...........Somebody in Canada or comes to Canada and makes a refugee claim. TWO YEARS later they get a negative decision from the IRB. Then they file an application for leave to appeal and get a negative decision. Then they file a Humanitarian and Compassionate application and after ANOTHER TWO YEARS they get a negative decision. .........


Then FIVE YEARS AFTER THEIR ARRIVAL they get called for a PRRA and they fill in the form that they are NOT married nor do they have a CL partner, what their residential address is and whom their enployer is etc. etc. So now you know that CBSA knows where to find you. Then you see a CBSA officer who informs the two of you of those facts with dates of refusals for your claim, appeals, H&C etc. The CBSA officer then tells you NOW is your last chance and if the refugee claimant feels they still have a risk to their life if removed they can provide (ONLY NEW EVIDENCE) to prove this or they can go home now. PANIC SETS IN!

After receiving the PRRA application forms ------ five plus years after first arriving in Canada they now have one foot back on the plane!

THEY GO BACK TO THEIR CANADIAN RESIDENCE AND MAGICALLY FIND A PARTNER HIDING IN THEIR CLOSET TO MARRY WHO SUBMITS A SPOUSAL SPONSORSHIP ON THEIR BEHALF!

Your solution-----Withdraw the In Land spousal sponsorship and submit an overseas spousal sponsorship since two undertakings for the same person are not allowed at the same time. Write a quality ARC authorization to return to Canada letter explaining what happened, whom gave you bad advice, why you should of known better, etc. etc.

Since your partner will no longer be In Canada the IN Land spousal sponsorship will sit there for ever without a decision.

WHAT GETS ME IS IF YOU´RE HER (LOVING PARTNER) YOU WOULD OF BEEN TOLD THIS ALL BY THE CBSA OFFICER AT LEAST TWICE WHEN YOU ATTENDED THEIR OFFICE WITH YOUR LOVE OF YOUR LIFE. You have Legal Counsel who obtained a deferral of removal supposedly on behalf of your partner and yet you post the question here without explaining the reason for the deferral of removal.

I love playing Texas Holdem and I BLUFF all the time but this post is beyond logic.

DID SHE GET A DEFERRAL OF REMOVAL?

FOR WHAT REASON?

I´m upset this morning because I got called on a huge bluff and lost.

So what is the real story?

Roy
www.cvimmigration.com

[02-12-2008,09:11]
[**.52.217.111]
Roy
Spousal Sponsorship (in reply to: Spousal Sponsorship)
Roy,
Let me start of by thanking you for reading my post and responding. Our situation is not a regular everyday case but a complicated one involving may factors. I didn?t want to get into too much detail but it seems I have no choice at this stage.
Yes we did get a deferral of removal. I will try to explain what has happened over the 6 years in as few sentences as I possibly can.
My CL came to Canada in 2002 with her x husband from Mexico. The reason for their trip was to operate on their 2 year old son at the time that had a malformation growing on the side of his neck threatening his life. The hospital at Sick Kids operated on him twice and removed almost all the malformation.
After the operations in 2005 my CL split with her husband and applied for a refuge claim. I met her and started dating her in March 2006. In Jan 2007 the claim was rejected and she applied for PRRA. Meanwhile she was going through a custody battle with her x over the child.
In Jan 2008 she got full custody of the child. One of the conditions on the court order was that the child?s father (who was a PR by then) had visitation rights and that the neither parent could remove the child from the province of Ontario without written permission from the other parent or a court order. I believe this is referred to as a non removal clause.
In March 2008 my CL was called to the CBSA office on Airport rd and given a removal date. We went to see a lawyer who recommended that that I sponsor her as we were in a common law relationship and that he would apply for a statutory stay of removal based on the non-removal clause and deferral of removal based on our pending spousal application and best interest of the child. Without getting into the content of the stay and deferral, our deferral was granted until July 2008.
We were called in again to CBSA office on November 2008. The officer was determined to remove her and was about to give a removal date. I showed the officer a copy of our sponsorship application status which was filled back in April 2008 and a copy of the court order with the non-removal clause for the child. The officer took the documents, left the room, came back in 10 minutes and said that we are free to go. He also said that he would investigate why the judge placed a non-removal order on a foreign child and he would call us back in a week or 2 to give a removal date. It?s now been around 3 weeks and we haven?t heard from him.
What really worried me and especially my CL was that the officer said that he would remove my CL and keep the child here. With who, I don?t know. I have also heard that CBSA often take a child from their parent and deported the parent alone.
I also want to tell you that our relationship is a genuine one and that my CL didn?t ?MAGICALLY FIND A PARTNER HIDING IN THEIR CLOSET?. We had been dating for 2 years before I sponsored her.
What I need now is good information which has been hard to find. What should I do if CBSA calls us in a give another removal date? Should I submit another deferral? Is this something that I can do or do I need to pay a lot of money (which I don?t have) to a lawyer. That?s why I need to know how much longer my application could take, which was the purpose of my original post.
The reason why I?m not getting advice from my lawyer is because I don?t believe they gave me the best advice to start with. They told me that our application would be approved after 6 months while more recently another lawyer told me that all applicant who had a refuge claim would be passed on to the local office and could take another 9-12 months. If I would have known this, I wouldn?t have payed a lot of money for the inevitable.
Anyway, what?s I need now is to consider everything that could happen and find the best way to deal with it. If you could give me any information which you think I need to know or which will help me please let me know. It would me much appreciated.


[02-12-2008,21:58]
[**.226.134.10]
Mohammad
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