Sponsorship of Spouse after an Exclusion Order

[Angel2k6]

I need some help and advice regarding my current circumstances from those of you who may have gone through something similar or have knowledge regarding my situation.
My husband and I met almost 8 years ago online. In 2000, he came to see me while on a visitors visa and never left. Since then he has continued to live with me and my 2 children. Recently, he was approached by immigration officers for a different matter, and it was then that they discovered he was here illegally. He was brought into custody for overstaying his visitors visa, and was given a 1 year exclusion from Canada. He was released and allowed to remain in Canada with me until the end of this month (He left yesterday April 29) but first he had to produce a one way ticket to the UK.
Here is where things get a bit complicated. When he lived in Australia, he had immigrated there when he was 1 year old. He was a Permanent Resident of Australia and not a citizen. So because he has been in Canada for almost 6 years with me, his PR from Australia expired. In turn, they made him go back to the UK where he was born. He has a few relatives living there, none of which he has any real relationship with or contact. He has not seen his grandmother since he was a baby, and he has one uncle whom he has not seen since he was a kid. Luckily, his grandmother has agreed to let him stay with her for a short period of time otherwise he would have no where to go. Before all of this happened, we were engaged for 5 years but were afraid to get married because of his status. We had contacted immigration officials 3 different times anonymously to try and work out something so he could come here legally. Each time we were given a different story by them and in turn never pursued anything for fear that he would be made to leave permanently with no chance to return.
After he got caught by immigration, we had nothing stopping us and we got married on the 14th of this month.
Having said all that my question is this: Because he has an exclusion order to stay out of Canada for 1 year, will this affect the processing time for me to sponsor him as my spouse? We were told by the immigration officers that picked him up that it wouldn't. We were also told by them that the processing time etc, is faster if done from outside of Canada. I really don't know what to believe after reading some of the posts in different forums. I have checked the immigration site out regarding processing times and still don't know what to believe.
Does anyone have any insight into this? I would appreciate any I can get.

Angel

[Angel2k6]

No one has any advice for me?

[Dominion]

Dear Angel:

Since you were living together beginning 2000, you could have sponsored him as your common law partner long time ago. Marriage was not necessary. Note that you did get married after the exclusion order was enforceable and not before. Immigration might think you did it just to help him out. However, you should have a lot of documentation and evidence that you were living together since 2000, that evidence will be more important than you marrriage certificate. Also, provided there is no criminal record on his part.

An immigration officer is not there to give you legal advice. You need an attorney or immigration consultant. If that is too expensive for you, there are community legal aid and non profit organizations that can assist you.

You can start the sponsorship (that is done in Canada) consisting in an evaluation to determine if you can sponsor him or not. The exclusion order does not prevent you. If approved, the case will be sent to UK, to process his immigration visa. If they consider he is eligible for permanent residency, he won't get it anyway, until the year has passed (Here the exclusion does apply). Remember the sponsorship is a two-step process: one done here evaluating you, and the other London, evaluating him.

Yes, processing abroad is faster than doing it in Canada. If you meet all the requirements, and his has no criminal record, no medical problems, it is highly likely you will bring him back as a Permanent Resident.

Also, even before the exclusion order expiring date, he can request a permission from Immigration to visit you. That is just a legal possibility. Better yet if you go visit him overthere to better demonstrate your strong relationship.

Per CIC, Mississauga can process your sponsorship in 2 months, and London can answer in a minimum of three months up to 10 months, if all forms are complete. Play it safe: wait five/six months to gather the docs and fill forms, then send the application, by the time you get an answer, the year of the exclusion will have passed. But do get some assistance.

Best Luck!!!

[Angel2k6]

Hi Dominion
Thanks for the info

My husband does not have a criminal record, nor do I. We never got married until after the fact because we were given misinformation from immigration 3 times prior. Specifically regarding the newer immigration law where it states that we could apply regardless of his status as a couple from within Canada. We were told that it applied for humanitarian reasons only, and because he doesnt come from a country at war or in fear of his life that this law didnt apply to us.

We also believed that if we were to get married that he would be deported and he would never be allowed back into Canada. Not long ago a person not far from where we live who was also from Australia, married his wife and the next morning at 6 am immigration was at his door and deported him back to Australia.

Even now we continue to get misinformation by them. Just the other day I called to talk with immigration about our circumstances and was told that we cannot apply for sponsorship until the exclusion order is off first. The woman told me that because he is now out of the country, the process is going to take much longer than if he had still been here and that by the time we even got around to that part he would be off the exclusion order anyways. We were also told by immigration officials that we could not apply while he was here cause he was under the removal order.

After being quite upset over the latest news I decided to call back the next day and was given another whole set of instructions. This time I was told that we could apply for sponsorship and that afterwards the whole exclusion order comes in the picture. I was also told that he doesnt need to have his police check sent in at the same time...eventhough we started that before he left, but that he does have to have a medical sent in with the intial application. I even said to her, "are you sure? cause i'm tired of getting different stories" and she said, "yes." So that's where we currently are at.

He is now trying to open up a bank account there (UK) which has also been a bit of a nightmare. They won't allow him to open one because he does not have any bills in his name (he's staying with his grandmother) so everything is in her name. I wanted him to open it so that I could transfer money for his medical etc.

He has no social insurance number and has to go through a long process just for that including an interview etc. and has been getting the runaround with that as well. He went to look for a job and they were on strike. It's just been one thing after the other. I hope there is a light at the end of this long tunnel called immigration.

Angel

[Angel2k6]

Also forgot to add one thing about your post. If he is approved then this is considered a reason for him to come back on our application and we will be asked to pay a $400. fee to get the exclusion order taken off. So we dont necessarily have to wait until the year is over before he can come back into Canada.

[Wihtbald]

maybe...