Legal temporary resident status in Canada
Under the current Regulations, applicants in this spouse or common-law partner in Canada class
must have a valid temporary resident status on the date of application and on the date they
receive permanent resident status to be eligible to be members of the class.
However, under the spousal policy, applicants who lack status as defined under the public policy
(see “What is lack of status under the public policy” below) may be granted permanent residence
so long as they meet all the other requirements of the class (i.e., they are not inadmissible for
reasons other than “lack of status.”)
However, applicants who do not have temporary resident status and who cannot be granted
positive consideration under the public policy can be removed at any time. Further, the spousal
policy does not change the requirement to seek necessary authorization to visit Canada or to
work or study here.
What is “lack of status” under the public policy?
For the purposes of the current public policy, persons with a “lack of status” refers to those in the
following situations:
• persons who have overstayed a visa, visitor record, work permit, student permit or temporary
resident permit;
• persons who have worked or studied without being authorized to do so as prescribed by the
Act;
• persons who have entered Canada without a visa or other document required by the
Regulations;
• persons who have entered Canada without a valid passport or travel document (provided
valid documents are acquired by the time CIC seeks to grant permanent residence).
Sigh....I have a headache just thinking about this whole process. Our situation is a little unique in a few ways. I am the Canadian, my husband is American. We were married in Sept 2011. He has been here since August 2009. But here are some of the rubs:
- He is here illegally, hence he is not working but that is no problem as I make more than enough for us both. Basically he was coming for 2 weeks (had a return ticket and everything). Long story short, he ended up staying. Largely it was due to we did not want to be seperated and at the time I had a crappy job so any visiting back and forth would not have even been conceivable.
- Secondly I am nervous as there is an age difference (I am 36, he is 24). I have heard this can sometimes cause issues?
-Thirdly I cannot seem to get a straight answer anywhere that if we apply inland does he or does he not need to send in the form and fee to "re-instate legal visiting status" or just apply and wait for AIP?
I know there have been a few people through here that have applied inland while being here illegally, I am hoping for some insights from them if they are still around. Was any part of your process any more difificult due to the illegal status? Any tips or advice you can share?
I have also sent a requets to talk to Lawyer David Cohen and am hoping to get some info.
Thanks in advance :-)
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