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Canada Immigration Forum > Immigration Topics > Skilled Worker / Professional Immigration > Topic: applying for FSW ... taking dependent who is out of status in US
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Author Topic: applying for FSW ... taking dependent who is out of status in US  (Read 1158 times)
ssanndy
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« on: August 21, 2009, 11:28:17 am »
Has anyone ever applied for PNP, work permit or federal skill worker from the US and take their spouse (who has overstayed visitor visa in the US) with them.

I need to hear your experience?Huh
Which programme did you apply for ?
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ssanndy
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« Reply #1 on: August 25, 2009, 09:30:52 am »
Quote from: ssanndy on August 21, 2009, 11:28:17 am
Has anyone ever applied for PNP, work permit or federal skill worker from the US and take their spouse (who has overstayed visitor visa in the US) with them.

I need to hear your experience?Huh
Which programme did you apply for ?

anyone
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ssanndy
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« Reply #2 on: August 31, 2009, 04:04:50 pm »
anyyone?HuhHuhHuh??///
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ssanndy
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« Reply #3 on: October 10, 2009, 10:07:10 am »
anyone know of anyone then?
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canadaforall
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Posts: 1271
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Category........: FSW1
App. Filed.......: 30th January 2009
Doc's Request.: February .12 .2009
AOR Received.: 30. 08.2009
IELTS Request: no
File Transfer...: 16.2.2009
Med's Request: Still waiting
« Reply #4 on: October 10, 2009, 12:31:06 pm »



  Hi,
      I  think it is impossible to take her along if she is  out of her status. The  first thing they normally ask is our status in your present country  of residence. The only option left for you is if  she  returns to your native country then you can apply for her.

Hope it helps  clarify you.

Canadaforall.
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Leon
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« Reply #5 on: October 10, 2009, 02:29:56 pm »
People have managed to apply for FSW with an out of status spouse without having a problem.  Even some people who are out of status in the US themselves have applied for FSW but to apply through the US, the principal applicant must have been admitted to the US with at least one year visa at some point.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
todiefor
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« Reply #6 on: October 10, 2009, 05:56:35 pm »
taking dependent who is out of status in US should not be a problem. go ahead, include her/him on your petition.
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ssanndy
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« Reply #7 on: October 10, 2009, 06:11:50 pm »
Quote from: todiefor on October 10, 2009, 05:56:35 pm
taking dependent who is out of status in US should not be a problem. go ahead, include her/him on your petition.

what do i put on the form for him........out of status? or the visa type that he over stayed like b1/2 or both
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canadacanada
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Posts: 265
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Category........: FSW1
Visa Office......: Buff
NOC Code......: 4131
Pre-Assessed..: Yes
App. Filed.......: NS:May,09
Doc's Request.: Buff:June, 09
AOR Received.: Sept, 09 From Buffalo
File Transfer...: April, 2010
Med's Request: May,2010
Med's Done....: May 25, 2010
Interview........: waived
Passport Req..: June 22, 2010
VISA ISSUED...: June 28,2010
LANDED..........: July 23, 2010
« Reply #8 on: October 10, 2009, 09:29:36 pm »
I believe the applicant or the spouse, whoever, if applying from a country other where the applicant/spouse is citizen of, you need to prove that you entered the foriegn country legally and stayed legally for at least 1 year, after that it doesn't matter...as far as i know.
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FSW1 4131
AOR N/s       : June 9 ,2009
App to Buff   : Sept 01,09
AOR Buff      : Sept 21,09
Trans to Det : April 27 ,10
In-Process : May 07 ,10
Med & RPRF: May 10 ,10
Medical : June 7, 10
PPR   : June 22,10
PR Visa- 28/06/10
Landed: 23/07
ssanndy
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« Reply #9 on: October 11, 2009, 06:08:44 pm »
Quote from: canadacanada on October 10, 2009, 09:29:36 pm
I believe the applicant or the spouse, whoever, if applying from a country other where the applicant/spouse is citizen of, you need to prove that you entered the foriegn country legally and stayed legally for at least 1 year, after that it doesn't matter...as far as i know.
well the dependant entered legally but for 6 months not a yr.... wat u say about that?
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Leon
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« Reply #10 on: October 12, 2009, 01:09:30 am »
Dependent doesn't matter, only the status of the principal applicant matters.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
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