Student family

[Ano]

Questions from father in low :-)

My daughter (Canadian citizen), she is a student with some income (you know – part time) married man from USA, but he is not really legal there (visa expired) – hard working for cash.
1)   What can we do with her small income for sponsorship program?
2)   Can I somehow to be a sponsor for him?
3)   Can he apply for visa in US – or it will be classified as valances 

[RobsLuv]

She does not need to meet minimum income requirements in order to sponsor her husband.  Spousal sponsorships are minimum income exempt.  His "out of status" designation in the States does not preclude him from being sponsored to Canada - although his application for PR will most likely have to be processed via the Embassy in his home country, rather than in the US. 

Your daughter needs to file an outland sponsorship application - her part of the application will be assessed at the Case Processing Centre in Mississauga, ON in about 24-30 days (currently).  Then CPC-M will then transfer the file to the Embassy in his country.   Processing there depends on the visa office, but here are lists of the countries and visa offices, and timelines for each visa office.  Once his application is approved and he is issued his Confirmation of Permanent Residence, he can travel to Canada to "land" - able to live and work here as a permanent resident.

[Ano]

Thank you so much for clarification in this subject. But the case is more difficult.
He is from one of those countries, where after arrival from USA, he will be placed in prison. So for now his J-1 visa expired, he is working (somehow) and, what more funny, annually pay US taxes.   
We are thinking about refugee scenario – take him at US –Canada border, apply for refugee (at list he will have some legal status) and then apply for PR. What do you think?   

[Ano]

Any ideas?

[ariell]

Well I'm no expert, but I think there's  no way he can apply for refugee status in Canada. To claim refugee status you need to seek asylum (protection) in the first safe country where you arrive. So, since he would be entering Canada from the US (a safe country), he would not be eligible to claim refugee protection here in Canada. He needs to have filed for refugee status in the States.  I think in some cases,  there are exceptions -- like if you already have family in Canada but you would be facing a very long wait time.

As long as they are married, there should be nothing stopping her from sponsoring him. I think that is the best choice. And others can correct me, but I don't think CIC will care about his illegal status in the States.

[Frustrated Canadian]

Refugee status??  Is that possible when what he is "running" from is prison in his home country?

[PMM]

Hi

Refugee status??  Is that possible when what he is "running" from is prison in his home country?

Probably not, may come from a country where there is compulsory military service.

PMM

[Frustrated Canadian]

But the post said that if he returns to his home country he will be put in prison?  That sounds different then trying to get refugee status because of compulsory military service?  Because his visa expired in the US??  Oh the questions!

Sorry about all the questions, it is just an interesting case.  And I am interested in people turning to "Refugee" claims if they think another form of immigration won't work! 

[Ano]

Ok pals
1) Visa J1 expired in 2007 (but taxes payed till this year - cash hard work) and it is just mater of time then he will be cached by Immigration Service
2) Going to home country - the prosecution against his delay from USA and mandatory requirement for military service absence
I understand - nobody is fault, but the question - what we can do in such situation?

[BCguy]

Well my buddy is the former chairman of IRB here in Vancouver and I asked him of the chances of refugee claim in this case as almost none

[Ano]

Thk U so much,
at list one option is gone, now only application for family sponsorship left
but the conditions for this is "...legal status in the country of application for him if it is not a home country..."
any idea regarding this requirement, how strong Canadian embassy will look at this?