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Being sponsored into canada.

meohmymomo

Newbie
Mar 15, 2008
4
0
Hello- my husband(canadian) and i(american) been married almost 5 months- and we are about to submit the sponsorship into canada paperwork, however i have been here nearly 9 monthes, and at first we were told i did not need to extend my stay- and then we were told i DID need to extend my stay, and we have that paperwork done as well, however:
Maintaining Legal Status in Canada

You have two options available to ensure that your legal temporary status in Canada remains valid until permanent residence is confirmed:

1. You can apply for both an extension of your temporary resident status and permanent resident status at the same time. If you choose this option, complete both an application to extend your status and an application for permanent residence. Be sure to include both applications and all the supporting documents and fees that are required in the same envelope.

Note: The acceptance of your application for temporary resident status does not guarantee the acceptance of your application for permanent residence.

2. You can apply to extend your temporary resident status separately from the application for permanent residence, but you must do so before your temporary status expires. You have legal status for the period of time indicated on your visitor document (work permit, study permit, visitor record) or temporary resident permit.

Note: On February 18, 2005, the Minister announced a new public policy under which legal immigration status is no longer a requirement for spouses and common-law partners of Canadian citizens and permanent residents in Canada who wish to apply permanent resident status provided that they have an eligible sponsor. However, all other eligibility requirements continue to apply.

Although out-of-status spouses and common-law partners may now apply for permanent residence in the Spouse or Common-law Partner Class, persons without legal immigration status in Canada are unable to work or study and may be subject to removal proceedings at any time for failing to have or maintain legal immigration status in Canada.


this has me very confused....I understand the part that w/o any status i can't work, which is fine my husband makes mor ethen enough to support us, but does that also mean i do not have to mail in the paperwork to extend my stay? I am planning on mailing it all out on monday so a reply before than would be greatly appreciated. Thank you for reading.
 

ThirstyDeer

Star Member
Feb 10, 2008
85
1
When you say you've been "here" for 9 months, do you mean here in Canada? If so, it sounds like you are not legal in the country, as the limit for your visit is 6 months, and can only be legally extended if you apply for a visitor's extension - which it sounds like you haven't done that, hence being illegal.

Someone can correct me if I'm wrong...
 

meohmymomo

Newbie
Mar 15, 2008
4
0
i was under the impression that i had my 6 monthes- and then an extra 90 days to get my extension in ( paying an extra 200$). Which i was going to mail it in on monday- but after reading alot of forums, and whatnot, i am going to mail a OWP thingy with my sponsorship paperwork. INput? anyone? anyony?
 

Gdaymate

Star Member
Sep 26, 2007
151
2
Yes, the laws have changed so that you don't have to be "in status" to apply for PR but as the last paragraph states it doesn't mean that you are safe from being deported. You should get yourself back in status ASAP, and maintain that status for the duration of the application process.

In regard to applying for an OWP at the same time you apply for PR, that only gives you "implied status" if you were in status at the time you applied and it expired before CIC makes the AIP/OWP decision. It usually takes a few months to get to AIP so you could potentially be out of status for some time yet and risking deportation.

I don't want to scare you but you are supposed to apply for an extension of your visa 30 days before the current one expires - yes, you can apply for an extension within 90 days of the expiration but you are not guaranteed that it will be granted.

You should read the guide to extending your stay, found here http://www.cic.gc.ca/english/pdf/kits/guides/5551E.PDF. It answers all your questions.

Hope that helps.