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For Mr. Miller/Mr. Metcalfe/Mr. Humphries/Mr. Cohen,others

For Mr. Miller/Mr. Metcalfe/Mr. Humphries/Mr. Cohen,others

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Old Oct 1st 2001, 11:21 am
  #1  
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Dear Sir,

My wife is a Canadian citizen and we have a child together.We sent in our inland spousal sponsorship application in Oct, 2000. I was deported back to my country in March 2001 as my refugee case had ended. I am currently having a battle with Canadain immigration just to have my file transferred to the embassy that deals with my country. I dont want to bore you with the tremendous hardship my wife and child are facing right now as a result of my deportation. Prior to my deportation I had a good job with a leading technology company in the world as I am in the IT profession.

My question is: If the new bill, C-11 is passed this month or anytime soon before my case is decided, will it be advantageous to my family and I as per aiding in speeding up our re-unification?

Secondly after multiple calls to the CIC call center in Canada, my wife received a letter last week saying that my case will be reviewed within 1-2 months. My instinct tells me this is not necessarily good news. Because my inland sponsorship application has not yet been transferred I feel the review will only come to the conclusion that it needs to be transferred thats all. Any light on all possible scenarios after a review?

Finally I will like to express my thanks to all those who provide advice to questions posted in this forum. You guys are just wonderful.


Daniel.
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Old Oct 1st 2001, 1:59 pm
  #2  
Jim Humphries
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THere is something not quite right in what you describe. From the facts provided I
wonder how it happened that someone with a Canadian wife and child and a good job in
an IT company could have been deported. Was there no H&C consideration, what about
the PD process? etc. More complete facts aare needed to assist you. Jim Humphries

Daniel137 wrote:
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Old Oct 1st 2001, 5:46 pm
  #3  
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[QUOTE]Originally posted by Jim Humphries
[B]THere is something not quite right in what you describe. From the facts provided I
wonder how it happened that someone with a Canadian wife and child and a good job in
an IT company could have been deported. Was there no H&C consideration, what about
the PD process? etc. More complete facts aare needed to assist you. Jim Humphries

At the time my wife and I got married in Sept, 2000 I had already been served with a departure notice. Prior to that we had known each other for about 2 years and had a child. We did not get married earlier because we had planned that once i got my PR on my own merits we would visit our country (both from the same place) and get married. The Post determination class stuff, If thats what you mean by PD, was not in my favour. The H&C consideration I suppose was part of the inland sponsorship process which I think we got because we received a letter stating that our application will be determined within 12 months.

I know it sounds strange that I am married to a citizen, we have a child and my profession is in great damand but yet I was deported. I never in my wildest dreams thought this would happen to me. In retrospect I think this was my undoing as i was too confident and had a lousy lawyer. But I must say that the enforcement officers were very kind and understanding. The one in charge of my case allowed me to keep working for sometime and even gave me a few months to come up with any legal backing that would stay the departure. The others who effected my arrest were of the opinion that the current laws are not prefect. My lawyer at that time said I could go to the federal court but I had no chance and If deported my case will be treated urgently and I would be back in 6months.
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Old Oct 2nd 2001, 2:44 am
  #4  
Pmm
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Hi Daniel

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Well it is quite unlikely that you will be back in 6 months. As you were deported,
you require Ministerial permission to return, which is delegated to the local CIC
Manager. Your wife's sponsorship will be reviewed at a local CIC and decision will be
made at that time whether Ministerial permission will be recommended Once a positive
decision is made, the undertaking will be forwared to the CHC responsible for your
area of resident where you submit your application. You will be required to obtain
police certificates from your home country and Canada and anywhere else you have
lived for more than 6 months since turning 18.

If CIC paid for your deportation, there is an additional fee of $750 for USA/St.
Pierre and Miquelon or $1500.00 for all other countries.

PS you should have left under the departure notice or got married before the it
became a deportation order.

PMM
 
Old Oct 2nd 2001, 8:09 pm
  #5  
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[QUOTE]Originally posted by Pmm
[B]Hi Daniel

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Well it is quite unlikely that you will be back in 6 months. As you were deported,
you require Ministerial permission to return, which is delegated to the local CIC
Manager. Your wife's sponsorship will be reviewed at a local CIC and decision will be
made at that time whether Ministerial permission will be recommended Once a positive
decision is made, the undertaking will be forwared to the CHC responsible for your
area of resident where you submit your application. You will be required to obtain
police certificates from your home country and Canada and anywhere else you have
lived for more than 6 months since turning 18.

If CIC paid for your deportation, there is an additional fee of $750 for USA/St.
Pierre and Miquelon or $1500.00 for all other countries.

PS you should have left under the departure notice or got married before the it
became a deportation order.

PMM
Thanks to all who responded.
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