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Deferral of Removals for Spouse or Partner In Canada Class

By immlawyer

The Spouse or Common-law Partner In Canada Class is a welcome relief to many, allowing them to remain in Canada while being sponsored. There are some drawbacks, such as the increased processing time and the fact that there is no appeal to the Immigration Appeal Division of a refusal. In terms of anyone that may be removed from Canada, the application does allow a temporary administrative deferral of removal EXCEPT: when they are inadmissible for security, human or international rights violations, serious criminality and criminality, or organized criminality; are excluded under Article F by the RPD; have charges pending; have already benefitted from an administrative deferral of removal from a H&C spousal application; have a warrant outstanding for removal; have previously hindered or delayed removal; and, have been previously deported from Canada and have not obtained permission to return. Generally speaking, I use the In Canada Class on many failed (or pending) refugee claimants, or visa overstays (such as visitor or student overstays).

Full post as published by Canadian Immigration Blawg on February 25, 2009 (boomark / email).