If the Immigration and Refugee Board (IRB) rejects your spouse’s refugee claim, their conditional removal order becomes active. Fortunately, you can still sponsor them through the Inland Spousal Sponsorship public policy, but you must act quickly to request a deferral of removal from the CBSA while IRCC processes the application.
Love often blooms in the most difficult of circumstances. 💍 Many asylum seekers arriving in Montreal, Calgary, or Ottawa meet and marry Canadian citizens while waiting for their refugee hearings. If the Immigration and Refugee Board (IRB) ultimately rejects their claim, the ensuing panic is overwhelming. A refusal means the Canadian government legally expects them to leave the country immediately.
However, an IRB refusal is not necessarily the end of your life together in Canada. ⚠️ Immigration, Refugees and Citizenship Canada (IRCC) maintains a specific public policy that allows spouses with no legal status-including failed refugee claimants-to be sponsored from inside the country. The greatest danger is the ticking clock. The Canada Border Services Agency (CBSA) has a legal mandate to enforce removal orders, and they will not simply ignore their duty just because you got married. Hiring an experienced immigration lawyer from our directory is essential to coordinate your sponsorship with urgent deportation defence.
Step-by-Step Process for Inland Sponsorship After a Refugee Refusal
Handling this situation requires running two parallel legal processes: advancing the family sponsorship application with IRCC, while simultaneously pausing the deportation machinery of the CBSA. 📍
Step 1: Understanding the Active Removal Order
When a person files a refugee claim in Canada, they are issued a conditional removal order. The moment the IRB rejects the claim (and any appeals to the Refugee Appeal Division are exhausted), that order becomes fully enforceable. The CBSA will shortly invite your spouse to an interview to discuss travel arrangements back to their home country.
Step 2: Submitting the Inland Spousal Sponsorship
You must immediately submit an Inland (Spouse or Common-Law Partner in Canada) sponsorship application to IRCC. 📝 This specific pathway includes a public policy that forgives the lack of legal temporary status. Your application must be perfect; include abundant proof of a genuine relationship, such as shared lease agreements, joint bank accounts, and photographs. Once submitted, you will receive an Acknowledgment of Receipt (AOR).
Step 3: Filing for a PRRA or H&C Consideration
If eligible, your spouse may apply for a Pre-Removal Risk Assessment (PRRA) when notified by the CBSA. This assessment evaluates the dangers of sending them back home. Alternatively, an inland sponsorship application naturally includes a request for Humanitarian and Compassionate (H&C) relief to overcome the active removal order.
Step 4: Requesting an Administrative Deferral of Removal
An inland sponsorship application does NOT automatically stop a deportation. ⚖️ Your lawyer must urgently contact the CBSA enforcement officer handling the file and request an “Administrative Deferral of Removal.” You must prove that the spousal application is already in process, that the relationship is overwhelmingly genuine, and that removing the spouse would cause undue hardship to the Canadian sponsor.
How Much Does It Cost to Sponsor a Refused Refugee?
Filing a sponsorship application while fighting a removal order involves standard government fees combined with intense, urgent legal intervention. 💰
| Immigration Step / Service | Estimated Cost (CAD) |
|---|---|
| IRCC Spousal Sponsorship Government Fees | $1,260 (or $660 if RPRF is paid later) |
| Open Work Permit Application Fee (Inland) | $255 |
| Lawyer Fees (Spousal Application) | $3,500 to $6,000 |
| Lawyer Fees (CBSA Deferral Request) | $2,000 to $4,500 |
How Long Does the Process Take?
Inland spousal sponsorship applications generally take 10 to 14 months for IRCC to process to completion. ⏱ However, a CBSA deferral request is a highly urgent matter that is often decided within 2 to 4 weeks before a scheduled flight. If the CBSA agrees to defer the removal, your spouse can remain safely in Canada until IRCC finalizes the Permanent Residence.
Frequently Asked Questions (FAQ)
Does marrying a Canadian guarantee they won’t be deported?
No. Getting married does not cancel a removal order or strip the CBSA of their legal authority. The CBSA routinely deports individuals who are married to Canadians if the sponsorship application is extremely weak or if the deferral request is denied.
Can we apply Outland while they are inside Canada?
Yes, it is legally possible to file an Outland application while the spouse is physically in Canada. However, Outland applications do not benefit from the public policy that protects inland spouses without status, and CBSA is far less likely to grant a deferral of removal for an Outland file.
What happens if CBSA deports my spouse before IRCC approves?
If your spouse is deported, the inland application is abandoned because they are no longer residing in Canada with you. You would have to submit a brand new Outland sponsorship application. Additionally, because they were deported, they will require an Authorization to Return to Canada (ARC) to ever come back, which adds massive delays.
Can my spouse get an Open Work Permit while waiting?
Yes. Under the inland sponsorship stream, your spouse can apply for an Open Work Permit. However, IRCC will generally not issue the work permit until the application reaches the “Approval in Principle” stage, especially if they are under an active removal order.
Leave a Reply