PFL Refused Spousal InCanada Sponsorship For Removal Order

[Jasnoor]

My cousin’s spousal sponsorship application filed by his wife has been refused upon receipt of procedural fairness letter. The procedural fairness letter was sent to him that he was under removal order after his appeal was dismissed. He has filed appeal with respect to his inadmissibility because he left his wife soon after landing in Canada. His wife complained and he was declared committed misrepresentation under section 40 of IRPA. His present wife is a Canadian citizen. He also applied for Canadian citizenship but his application was not dealt because of removal order. I have helped them to write a mercy letter to immigration when he recently received the procedural fairness letter but the officer did not give any consideration. What recourse he has now if any?

[Rajpal (Admin)]

If your cousin was under removal order, he does not fit under the public policy which grants PR to the spouses of Canadian citizens or permanent residents even though their status in Canada has expired already.

You did good if you helped to write mercy letter in response to the procedural fairness letter he received. You have not mentioned any children, otherwise you can write submission in the best interest of child(ren).

The recourse you have now is file JR to borrow some time and meanwhile you can file H&C application and TRP application. If H&C application will be accepted, well and fine otherwise try to get 5 years TRP so that you can file for permanent after 3 years.