PLEASE HELP ME: IN COUNTRY SPONSORSHIP WITH EXPIRED STUDENT VISA

[soniabrowne1]

Please help me, I came to Canada as an international student from the UL to school in Toronto. Prior to that, I have been chatting with my partner since Dec 2010 online while I was in the uk which I have some emails and chats. Upon landing, I attended school for Aug 2011-oCT 2011 in Toronto of which I visited him in Alberta 5 times during that period. I later relocated to Alberta end October and applied for a school in his city of which I was admitted to start in January 2012 because of the strain distance was posing. I started school in Jan 2012 and attended till April 2012 where I had to stop/defer because I was pregnant and having morning sickness. Lest I forgot, we got married March 17, 2012 just 4ish months after I moved to his city. Unfortunately that pregnancy didnt stay so I had to restart school in Sebtember 2012. I couldnt do summer because I was ill and recovering. I registered in September and same thing happened, I found out I was pregnant in October 2012 and was ill from the pregnancy. I had to stop again and defer till the following semester which was Januaary 2013. I happily started in January while I was about 4months preg and in March 25, 2013 my doctor/OB gave me a letter to withdraw because it was a high risk pregnancy with some complications. My husband and I put in my application in April 2013 and it was received on the 11th of April 2013. I had my baby after undergoing a brain surg and C/Section on May 28 2013 although premature, he is doing great.

My question/Concerns
_ My student visa expired June 30 which is last month and my PR hasnt moved stage other than application received...Whats my fate?
-Would I be kicked out of the country as I have no status?
-Can I reapply for student visa to continue studies although that would be after my baby is about 6 months...Would I be granted a student visa when its obvious I wont be attending school anytime soon/.
-Can I be deported with my baby?
-What can I DO? What rights or opportunities do I have?

Thanks a lot

 

[kyc221]

I'm not an expert, so if I've made a mistake, I hope I'm corrected by someone with better knowledge. As far as I know, though, and assuming you applied for PR inland, I can say:

-My student visa expired June 30 which is last month and my PR hasnt moved stage other than application received...Whats my fate?
You should be under implied status, so there should be no problems. In Alberta I think you can have health insurance through your husband, otherwise you wouldn't have access to it (your baby doesn't have this problems since it's Canadian). In case it's needed, you can prove implied status by showing that you paid the feed for the PR processing, and AOR if you got any or any other proof you have that they received your application.

-Would I be kicked out of the country as I have no status?
Since you are in implied status, no, you won't be kicked out.

-Can I reapply for student visa to continue studies although that would be after my baby is about 6 months...Would I be granted a student visa When its obvious I wont be attending school anytime soon/.
Yes, you can apply to other visas while your PR is in process, but let's hope in 6 months you'll have your PR

-Can I be deported with my baby?
Your baby was born here, right? So no, I don't think it would be deported. Again, by being in implied status, you won't be deported.

-What can I DO? What rights or opportunities do I have?
While being in implied status, you have no rights in the country. As I said before, I read at some point that if you're married to an Albertan, you could get health care. I can't find the quote anymore, so I'm not sure this is true. Still, it seems other users have got one: http://www.canadavisa.com/canada-immigration-discussion-board/get-your-health-card-and-health-insurance-t141510.0.html (check Amikety's case). Still, you can stay in the country. If your status changes, then your rights will change accordingly, but not before then.

I hope this helps

 

[soniabrowne1]

Thank you so much. Yea my husband is a Citizen. Thank you so much


I'm not an expert, so if I've made a mistake, I hope I'm corrected by someone with better knowledge. As far as I know, though, and assuming you applied for PR inland, I can say:

-My student visa expired June 30 which is last month and my PR hasnt moved stage other than application received...Whats my fate?
You should be under implied status, so there should be no problems. In Alberta I think you can have health insurance through your husband, otherwise you wouldn't have access to it (your baby doesn't have this problems since it's Canadian). In case it's needed, you can prove implied status by showing that you paid the feed for the PR processing, and AOR if you got any or any other proof you have that they received your application.

-Would I be kicked out of the country as I have no status?
Since you are in implied status, no, you won't be kicked out.

-Can I reapply for student visa to continue studies although that would be after my baby is about 6 months...Would I be granted a student visa When its obvious I wont be attending school anytime soon/.
Yes, you can apply to other visas while your PR is in process, but let's hope in 6 months you'll have your PR

-Can I be deported with my baby?
Your baby was born here, right? So no, I don't think it would be deported. Again, by being in implied status, you won't be deported.

-What can I DO? What rights or opportunities do I have?
While being in implied status, you have no rights in the country. As I said before, I read at some point that if you're married to an Albertan, you could get health care. I can't find the quote anymore, so I'm not sure this is true. Still, it seems other users have got one: http://www.canadavisa.com/canada-immigration-discussion-board/get-your-health-card-and-health-insurance-t141510.0.html (check Amikety's case). Still, you can stay in the country. If your status changes, then your rights will change accordingly, but not before then.

I hope this helps

 

[canuck_in_uk]

_ My student visa expired June 30 which is last month and my PR hasnt moved stage other than application received...Whats my fate?
-Would I be kicked out of the country as I have no status?
-Can I reapply for student visa to continue studies although that would be after my baby is about 6 months...Would I be granted a student visa when its obvious I wont be attending school anytime soon/.
-Can I be deported with my baby?
-What can I DO? What rights or opportunities do I have?

If you applied inland, you are on implied status ONLY IF you submitted an Open Work Permit app with the PR app. If you didn't submit an OWP app or you applied outland, then you do not have implied status and are currently illegal.


If you are illegal, you can be deported at any time, regardless of the PR app or your Canadian child. Sometimes the officer will stay the deportation while the PR app processes but not always.

If you are still studying and have only taken a medical break from your studies and can get a letter from the institution confirming you are still a student, then you should be able to apply for restoration of your status as a student.

You can be deported but your baby cannot because he is Canadian.

You have several options to become legal again. If you applied inland, the easiest way is to submit an OWP app. If you applied outland, you can apply for restoration of your status to student or apply for restoration and change your status to visitor.

 

[kyc221]

If you applied inland, you are on implied status ONLY IF you submitted an Open Work Permit app with the PR app. If you didn't submit an OWP app or you applied outland, then you do not have implied status and are currently illegal.


If you are illegal, you can be deported at any time, regardless of the PR app or your Canadian child. Sometimes the officer will stay the deportation while the PR app processes but not always.

If you are still studying and have only taken a medical break from your studies and can get a letter from the institution confirming you are still a student, then you should be able to apply for restoration of your status as a student.

You can be deported but your baby cannot because he is Canadian.

You have several options to become legal again. If you applied inland, the easiest way is to submit an OWP app. If you applied outland, you can apply for restoration of your status to student or apply for restoration and change your status to visitor.

Thanks for the correction, I thought applying for PR was enough for implied status