You can submit an Inland Spousal Sponsorship while your spouse is detained by the Canada Border Services Agency (CBSA). However, this does not stop deportation. Your lawyer must urgently request an Administrative Deferral of Removal and file for a Judicial Stay at the Federal Court.
Discovering that your spouse has been arrested by the Canada Border Services Agency (CBSA) and transferred to an Immigration Holding Centre (IHC) is a terrifying experience. Often, this occurs when an individual overstays their visa, works without authorization, or fails a refugee claim, triggering an active removal order. As a Canadian citizen or Permanent Resident, your instinct is to immediately file an Inland Spousal Sponsorship to legalize their status. While this is a critical step, it is vital to understand that a sponsorship application alone does not act as a magic shield against deportation.
Under Canadian immigration law, once a removal order becomes enforceable, CBSA has a legal mandate to deport the foreign national as quickly as possible. 🚨 Simply mailing an inland sponsorship application to IRCC will not pause the CBSA officer’s flight bookings. To keep your family together in Canada, you must fight a simultaneous two-front legal battle: applying for PR with IRCC while aggressively litigating against CBSA enforcement to delay the deportation. This high-stakes situation strictly requires an experienced immigration litigator.
Step-by-Step Process When a Spouse is in CBSA Detention
Step 1: Locating Your Spouse and Retaining Counsel
If your spouse is arrested, CBSA will typically hold them at an Immigration Holding Centre (like the ones in Toronto, Laval, or Surrey) or occasionally in a provincial jail. Your first step is to locate them and immediately hire a Canadian immigration lawyer who specializes in enforcement and litigation. Time is critical, as CBSA can execute a removal order in a matter of days.
Step 2: Submitting the Inland Spousal Sponsorship
Your legal team will rapidly compile and submit an Inland Spousal Sponsorship (Family Class) application. 📄 While standard inland applications often grant “implied status,” this does not apply if an enforceable removal order already exists. However, getting the sponsorship officially logged into the IRCC system is crucial. It proves to the courts that there is a genuine, pending pathway to permanent residency based on a legitimate Canadian marriage.
Step 3: Attending Detention Reviews
Under the IRPA, anyone detained by CBSA has the right to a Detention Review before the Immigration and Refugee Board (IRB) within 48 hours, then 7 days, and every 30 days thereafter. Your lawyer will argue for your spouse’s release on bond. As the Canadian spouse, you may be required to act as a “Bondsperson,” pledging a cash deposit and swearing to ensure your spouse complies with all CBSA reporting conditions while the sponsorship processes.
Step 4: Requesting an Administrative Deferral of Removal
If CBSA schedules a flight to deport your spouse, your lawyer must submit a formal Request for an Administrative Deferral of Removal directly to the CBSA enforcement officer. 📝 This request asks CBSA to voluntarily pause the deportation because an inland sponsorship is in process, and removing the spouse would cause severe hardship to the Canadian family. Unfortunately, CBSA officers have very narrow discretion and frequently deny these requests.
Step 5: Applying for a Stay of Removal at the Federal Court
If CBSA denies the deferral, your lawyer must urgently file a motion for a Judicial Stay of Removal at the Federal Court of Canada. This is an emergency legal injunction. Your lawyer must prove to a federal judge a three-part legal test: there is a serious issue to be tried, the family will suffer irreparable harm if deported, and the balance of convenience favours keeping the family together. If the judge agrees, the removal is halted until the sponsorship is finalized.
How Much Does it Cost in Canada?
Fighting immigration enforcement and filing an emergency stay at the Federal Court is one of the most expensive areas of Canadian immigration law. 💵 Here is an estimated breakdown:
| Legal Process | Estimated Cost in CAD |
|---|---|
| IRCC Sponsorship Application Fee | $1,260 CAD (Government fee). |
| Lawyer Fee (Detention Reviews) | $1,500 – $3,000 CAD per hearing. |
| CBSA Cash Bond Deposit | $2,000 – $5,000+ CAD (Refundable if conditions met). |
| Federal Court Stay of Removal | $5,000 – $10,000+ CAD (Emergency litigation fees). |
How Long Does the Process Take?
The enforcement timeline moves at lightning speed. ⏳ A detention review happens within 48 hours, and a Federal Court stay must often be filed within days or even hours of a scheduled flight. Once a stay is successfully granted and your spouse is released, the actual Inland Spousal Sponsorship processing generally takes 10 to 14 months for IRCC to finalize and grant permanent residency.
Frequently Asked Questions (FAQ)
Can I sponsor my spouse if they are deported?
Yes. If the Federal Court denies the stay and your spouse is removed, you can still sponsor them using the Outland Spousal Sponsorship process. However, they will likely need an Authorization to Return to Canada (ARC) to overcome the deportation order.
Does marrying a Canadian stop deportation?
No. A marriage certificate does not cancel a removal order in Canada. CBSA enforces the law regardless of marital status, which is why emergency legal intervention at the Federal Court is required.
Can my spouse get a work permit while detained?
No. While standard inland sponsorship applicants can apply for an Open Work Permit, a person in CBSA custody or under an active, enforceable removal order is legally ineligible for a work permit.
What if my spouse has a criminal record?
If your spouse is detained for “serious criminality” (such as an indictable offence), the situation is far more complex. They may be deemed criminally inadmissible to Canada, meaning standard sponsorship will fail unless you secure a Criminal Rehabilitation approval or a TRP first.
Will IRCC fast-track the sponsorship because of detention?
Generally, no. IRCC processes applications in the order they are received. While an active enforcement scenario increases the urgency for your lawyer to secure a stay of removal, IRCC rarely expedites the actual background checks or PR approval.
Leave a Reply