Spousal Sponsorship for Refugees in Canada: A Checklist for Success
If you are a refugee in Canada and looking to sponsor your spouse, there are several key things to keep in mind. Here’s a step-by-step checklist to help you navigate the process and ensure the best possible outcome:
Step 1:
Understand Your Conditional Departure Order
When you make a refugee claim in Canada, you are typically issued a conditional departure order (CDO) that is enforced if your claim is rejected. This means that if your spousal sponsorship application is submitted after your refugee hearing and your claim fails, you could be removed from Canada before your application is processed.
Step 2:
Time Your Sponsorship Application Strategically
To avoid being removed before your application is processed, it’s important to time your spousal sponsorship application strategically. If possible, it’s best to submit your application before your refugee hearing, as the CDO is not enforceable while your claim is pending. This can give you more time to process your application and increase your chances of success.
Step 3:
Work with an Experienced Spousal Sponsorship Lawyer
An experienced spousal sponsorship lawyer can help you navigate the complexities of the application process and ensure that your application is prepared to the highest standards. They can also work with CBSA to defer your removal and make a Pre-Removal Risk Assessment (PRRA) application to delay the process.
Step 4:
Consider Humanitarian and Compassionate Considerations
As per Section 25 of the Immigration and Refugee Protection Regulations, a person who does not have status in Canada or who is subject to an enforceable removal order cannot become a permanent resident. To supplement your spousal application, your spousal sponsorship lawyer can help you prepare an application for humanitarian and compassionate considerations under Section 25 of the IRPR to help you overcome this hurdle.
An application for humanitarian and compassionate (H&C) considerations is a way for individuals who do not meet the standard requirements for permanent residency to make their case for special consideration based on their unique circumstances.
In the case of spousal sponsorship for refugees, an H&C application would rely on factors specific to the spousal relationship, such as the emotional and financial hardship that would be caused by the separation of the couple. The application may also highlight any unique vulnerabilities of the refugee spouse, such as health issues or a lack of support network in their home country.
A skilled spousal sponsorship lawyer can help identify and present compelling evidence in support of the H&C application, including documentation of the couple’s relationship and any relevant medical or financial records.
Ultimately, the decision to grant an H&C application is at the discretion of immigration authorities, but a strong application can greatly increase the chances of success.
Step 5:
Be Prepared for a Potentially Adversarial Process
It’s important to be prepared for a potentially adversarial process when seeking spousal sponsorship as a refugee.
There may be challenges and roadblocks along the way, and there will be a lawyer representing the Minister of Citizenship and Immigration who will be opposing your application.
By following these steps and working with an experienced spousal sponsorship lawyer, you can increase your chances of success and ensure that you are able to sponsor your spouse to join you in Canada.