nostatus in canada spousal sponsership plz help

[missingmyhubby]

ok... again not trying to freak you out, but i will share my experience.

My hubby and I genuinely had no idea about this process, or that we would be in any sort of trouble for his over stay as we were beginning filing processes and married (biggest misconception ever), so we assumed it would be no big deal to get his police record done and finger prints which he required for the Jamaican police clearance.
So i took him to the police station to get done what was needed, next thing we knew he was hand cuffed, arrested and detained until immigration officers arrived. We were terrified, neither one of us has had any form of criminal history or run in with the law. He was detained for 4hrs and questioned, i was also questioned. They eventually released him into my custody on the premiss that we were filing and he was causing no trouble. They told us we needed to check in (physically go to Imm office) with IMM in Hamilton on the last tuesday of every month. So we did. We continued collecting all the things we needed for filing but some stuff got held up in Jamaica, delaying us sending off his application. So 3 months later we go to do his regular check in and he is again arrested and detained, we were both questioned again. They said we had missed a meeting that they requested we attend by letter...we never recieved this "letter" and still to this day don't know what this "letter" or "meeting" was about.
We then were told we had to go to Toronto and meet with people there. When we went to Toronto that is when we were informed he was required to leave the country with in 3 weeks. We had 72 hours to return to Toronto with a one way ticket dated no later then 3 weeks from the date of our original meeting. Then on the day he had to leave we had to meet immigration to check him in at the air port.
All and all it was the most aweful time in our lives next to this 15 months and counting we have since spent apart. It made us truly feel like criminals when we had no idea we were doing anything wrong.

If you want my advice, given my own aweful experience....you are better off to go about it the right way. Just go back home and do it out land. It is not worth the stress of looking over your shoulder.

[kirthan5]

am just applying out-land .
am including my medicals but not the police clearance.
if the immigration asks then i will go for the ploice clearance.
wish me goodluck alll
thankyou everybody

[CHLOE]

I AM IN THE SAME SITUATION AS YOUR.I AM WONDERING ,ABOUT PASSPORT.I AM OUT OF STATUS AND MY PASSPORT HAS LAPSED.MY EMBASSY HAS AGREED TO ISSUE ME A NEW ONE BUT,WOULD THAT BE A BIG QUESTION ON HOW I WAS ABLE TO GET A  PASSPORT AND MEDICAL CLEARANCE IN CANADA IF I WAS OUT OF STATUS AND PLAN TO DO AN OUT LAND APPLICATION AND SUBMIT THE PASSPORT I RENEWED IN CANADA WHILE AM OUT OF STATUS.

[nash_arsenal]

for what its worth...i applied outland (new delhi) while i was in Canada and i never provided a Canadian police clearance certificate....the only PCC i provided was from India.....i got my PR without any interview or much hassle(by hassle i mean questions etc by CIC)

BTW kirthan just for your info, the longest thing during my whole process was the background check because CSIS is very very busy and they took almost 5 months to do the check. I was told it took so long because i was living in Canada and thus my file was with a different department/section . I guess cases for people living outside canada go to a diff department/section of CSIS

Also My passport expired while my case was in process, so i had to get a new passport and inform CIC about it.

Also kirthan, when you do get a passport request take your passport personally to India because i didn't do that and fedex'd it to CIC new Delhi. Once the visa was stamped i had to jump through a hundred hoops, talk to ministry of external affairs(in india) to get my passport back to Canada because it is illegal to mail an Indian passport outside India. My passport was finally sent through Indian govt's diplomatic mail to indian high commission in ottawa and i had to wait a loooong time to get it.

The best thing to do would be to take your passport personally to India, wait for the Visa and then come back.

[Halifax-Maple]

for what its worth...i applied outland (new delhi) while i was in Canada and i never provided a Canadian police clearance certificate....the only PCC i provided was from India.....i got my PR without any interview or much hassle(by hassle i mean questions etc by CIC)

BTW kirthan just for your info, the longest thing during my whole process was the background check because CSIS is very very busy and they took almost 5 months to do the check. I was told it took so long because i was living in Canada and thus my file was with a different department/section . I guess cases for people living outside canada go to a diff department/section of CSIS

Also My passport expired while my case was in process, so i had to get a new passport and inform CIC about it.

Also kirthan, when you do get a passport request take your passport personally to India because i didn't do that and fedex'd it to CIC new Delhi. Once the visa was stamped i had to jump through a hundred hoops, talk to ministry of external affairs(in india) to get my passport back to Canada because it is illegal to mail an Indian passport outside India. My passport was finally sent through Indian govt's diplomatic mail to indian high commission in ottawa and i had to wait a loooong time to get it.

The best thing to do would be to take your passport personally to India, wait for the Visa and then come back.

Something is missing here: police clearance should include every country you stayed in more than 6 months. Canada is not an exception. Was there misrepresentation then?

[canadianwoman]

Look at this info on the CIC site about how to get police certificates:
http://www.cic.gc.ca/english/information/security/police-cert/north-america/canada.asp

It seems applicants don't need one from Canada, unless the visa office asks for it. I guess the background check by CSIS covers it.

[britincanada]

Kirthan5:
 
I presume you are still out of Status? I would recommend you apply outland and leave Canada before CIC send you a letter of removal or deportation which is likely as soon as they receive your PR application Inland or Outland..If you leave of your own accord then you are not inadmissible and can return to Canada after an absence of a month or so..sounds like a long time I know but if you look at the bigger picture its not that big a sacrifice if you keep in mind that you are applying to be here for the rest of your life..

If you do not leave and get a removal letter or deportation it will seriously harm you PR application..

As for Inland vs Outland...

Yes for Inland you can be out of status to apply BUT CIC can still remove you from Canada! It takes around 18 months from start to finish, there are 2 stages

...Stage 1 - about 6 months or so..Sponsor is approved then you can work in Canada..or not approved and you leave Canada
...Stage 2 - about 18 months or so to receive PR or get denied     

You have NO right of appeal for inland applications and you are not able to leave Canada during the process if you really have to!

Outland

Again 2 stages..

...Stage 1 - about 45 days at the moment..Sponsor is approved and Applicants Application is sent to India
...Stage 2 - about 2 to 6 months...you get PR and able to work in Canada...or you get denied and you appeal...

With outland applications you HAVE right of appeal and could have PR going through New Delhi in the same amount of time it takes for your sponsor to be approved on an Inland application..

As for Medicals and Police clearances...YES get your Police Clearance from India..CIC do their own checks in Canada so no need for a police certificate from Canada..Also do your Medical before you apply! It will save you a lot of time..

Its is preference but I would strongly advise you apply outland..especially as you have a child together..

Good Luck   

[britincanada]

As for your over staying if you did not work, study or get charged with any crimes during this time CIC are less likely to make such a big deal out of it..they are more concerned about Illegal workers and illegal students than people that merely overstay their visa being supported by their spouse or partner..

I overstayed my Visitors Record in Feb 2007 to Jun 2008 - All I did was stay longer than allowed..I went home to the UK for 6 months to correct my status and returned to Canada Dec 2008..I was admitted back to Canada for 6 months..then issued another Visitors Record for 1 years stay in Canada..I am currently waiting to see if I am allowed an extension whilst waiting for PR on an Outland application as My Visitors Record Expires in August...

I am now so glad I left for a Very long 6 months as it means I am still admissible to Canada and as you can see my overstay has not affected my ability to have a legal status in Canada as I was not deported or asked to leave..

Just wanted to add that in 

[nash_arsenal]

Something is missing here: police clearance should include every country you stayed in more than 6 months. Canada is not an exception. Was there misrepresentation then?

No you dont need a PCC for canada, i've no idea why you would think that one needs it..... Call CIC call centre or any immigration lawyer and they'll let you know.
So much wrong information is out there on the net these days that one cant tell whats correct..... so best way is to confirm it from CIC or a competent lawyer.
I see candianwoman posted the link (thanks).....does that answer your question about misrepresentation.

Also kirthan forgot to mention, you can get your Indian PCC from any Indian consulate near you.  So as britincanada said, get your indian PCC and meds done and then the best case scenario is just go and wait in india. Youll have to go there to take your passport anyways, so why not go a lil early.

[MizzCanAm]

I got this from the Sponsorship of a spouse, common-law partner, conjugal partner or dependent child living outside Canada — Part 2: The immigrant's guide (IMM 3999)

Scroll down to the section on Police Certificates


Police certificates

You and your family members who are 18 years of age and older and are not permanent residents or Canadian citizens have to provide:

    * a valid police certificate, or
    * police clearance, or
    * record of no information.

These documents are to be provided for each country other than Canada , in which you have lived for six consecutive months or longer since reaching the age of 18.

[Halifax-Maple]

Thanks everyone for the update. Forgive me for any misunderstanding, from my post, which is due to the confusing and conflicting rules. For example, I have read too may explanation and interpretation of the change of law of 2005, which allowed the illegal and non status candidates to apply inland. The reason I posted in this thread was that we were advised to provide a police clearance from Canada for my husband though our application is OUTLAND. He once stayed more than 6 months. So, it could be the bad advice then.

Good luck everyone

[kirthan5]

finally its over..
4 july 2010 sent my outland appliction to mississauga and received a letter from Immig.Officer .got approved for sponsership and application was sent to india
20 Sep 2010 -   started processing in india
2 oct 2010- received a letter to send my passport
22 nov 2010 - went to india
24 nov 2010- sent my passport to the embassay from HYDERABAD
2 dec 2010 - received letter to send my Police clearance from india
24 dec 2010- sent my PCC.
11 jan 2010 - got my passport with IMMIGRANT visa
its all over ..thats it.
anybody want help with paperwork , am ready to help..