Commonlaw spouse is now here "illegally" ... should he just wait it out? (PR).

[Aquakitty]

My American common law spouse has been in Canada since 2006 on visitor record (we kept renewing it, and we entered the states to visit his family a few times). Well we were dumb and kept putting off applying for PR because I am on disability and I thought it would look bad. Anyways last year he got denied a renewal finally (the reason was not stated but hinted at the fact that he wouldn't return to the states at the end of the visa. Wow really, after 8 renewals they come up with that? lol).

Well during that time it lit a fire under our butts and we applied for PR from within Canada (inland)... honestly I screwed up because I was looking at the times and I honestly did not see the second application time. All I saw was that the firststage approval would take 37 days, not the lower part that said "if spouse in Canada" it'll take 10 freaking months!

Anyways we appealed the visa denial showing proof that he applied for PR....5 months later (today) the application gets sent back to us saying he "did not sign the application" and that the 90 day appeal time was up and he has to leave.

The thing is, the signature is clear as day on the application so I have no idea what they are talking about!

So, he is now here illegally and we are about 5 months into the application being first stage approved.

I honestly have no idea what to do here. I don't want to risk him going back and not being able to get back in, but should we just wait it out or should we maybe cancel the application somehow and apply outside Canada?

We are planning to get married but we applied under "common law". Should we just send in the marriage certificate?

I have no idea, some opinions would really be appreciated!

 

[Baloo]

I assume you applied inland.

Getting married will not change the situation.

You know that you have pushed this way too far, get him back to the USA, apply outland.

 

[Aquakitty]

I assume you applied inland.

Getting married will not change the situation.

You know that you have pushed this way too far, get him back to the USA, apply outland.

In what way did we push it too far? You mean with the renewals? I didn't see it as a big deal.

Can I cancel the application now? How would I do it?

 

[Baloo]

In what way did we push it too far? You mean with the renewals? I didn't see it as a big deal.

Can I cancel the application now? How would I do it?

Yes, I mean the renewals, there is no sane person that could look at being in Canada since 2006 as "a visit".

You say he has been asked to leave, what did the letter state?

Ask yourself what is reasonable, does it make sense to spend time and money fighting in Canada?


I know what the 37 days suggests, but did you apply inland or outland?

 

[Aquakitty]

Yes, I mean the renewals, there is no sane person that could look at being in Canada since 2006 as "a visit".

You say he has been asked to leave, what did the letter state?

Ask yourself what is reasonable, does it make sense to spend time and money fighting in Canada?


I know what the 37 days suggests, but did you apply inland or outland?

Well we were honest with all the renewals... they gave em to us so I don't see how we did anything wrong?

It would cost us a lot more money to go to the states at this point!

Second letter said that the "application was being returned to us and could not be processed" because of "failure to sign the document" and that now the 90 day appeal time was up so he had to leave (I am referring to the visitor visa not the PR application.)



Sorry for the confusing info.... We applied inland about 5 months ago.

 

[Eddy070]

It doesn't matter where he lives at the moment, you can withdraw your application from inland to outland which is processed with 3 to 6months but you will surely get Sponsorship Approval within 30days you appied. Based on getting married, You must include a copy of your marriage Certificate and copy of photos taking at Wedding ceremony into your application bcos it will likely help with less hastle. Goodlucky

 

[Aquakitty]

It doesn't matter where he lives at the moment, you can withdraw your application from inland to outland which is processed with 3 to 6months but you will surely get Sponsorship Approval within 30days you appied. Based on getting married, You must include a copy of your marriage Certificate and copy of photos taking at Wedding ceremony into your application bcos it will likely help with less hastle. Goodlucky

We can withdraw it from inland to outland? How would that work if he is currently here?

 

[CharlieD10]

We can withdraw it from inland to outland? How would that work if he is currently here?

Inland and Outland have to do with where the application is processed, not where the applicant is living. You always have the right to apply Outland (i.e. be processed by the visa office responsible for applicants of your citizenship), no matter if you are visiting in Canada or residing somewhere else.

 

[Baloo]

Well we were honest with all the renewals... they gave em to us so I don't see how we did anything wrong?

It would cost us a lot more money to go to the states at this point!

Second letter said that the "application was being returned to us and could not be processed" because of "failure to sign the document" and that now the 90 day appeal time was up so he had to leave (I am referring to the visitor visa not the PR application.)



Sorry for the confusing info.... We applied inland about 5 months ago.

As this is an inland application, if he leaves and is refused re-entry then the application is dead anyway.
He has been told to leave, IMO he should go.

*** There may be an option on this, I believe that you can be out of status with an inland app' - but he has been told to leave. See below...

Once outside of Canada I would suggest that he attempts re-entry, but it seems like a slim chance that he would be allowed back.
If he is allowed back in you inland app could continue, then you have six more months, plus another extension.
If not, apply outland.

Of course there may be other options here, no doubt others will comment. I am not an immigration lawyer.

 

[Aquakitty]

Yea that's the thing... it says in the guide as of 2005 you do not have to be in Canada legally to apply inland. He has tried calling the information line but can't get through will have to try again tomorrow.

We have been in and out of Canada 4 or 5 times over the last few years but he always had a valid visitor paperwork.

 

[Eddy070]

If he currently with you, he can then use the (sponsor) your address for both mailing address and residential address. But he has an interview, then he can cross or fly back to US then do hes landing on his way back to canada.

 

[Iamrobot85]

Aquakitty, applying outland is almost always significantly faster. I think you should do that. I am a US citizen adn from first stage approval to PPR (where they ask for you passport so that they can stamp the visa in it) took four months (which, I am made to understand, is very fast, immigration wise). (I actually just got PPR today). I can't tell you it will take you four months or my experience is typical, but all the same, it's almost always faster outland.

Also, you kept renewing your visa, I don't think you did anything wrong, just to let you know.

 

[Aquakitty]

Aquakitty, applying outland is almost always significantly faster. I think you should do that. I am a US citizen adn from first stage approval to PPR (where they ask for you passport so that they can stamp the visa in it) took four months (which, I am made to understand, is very fast, immigration wise). (I actually just got PPR today). I can't tell you it will take you four months or my experience is typical, but all the same, it's almost always faster outland.

Also, you kept renewing your visa, I don't think you did anything wrong, just to let you know.

Thanks, this does look like the correct route by far now, I just wish we did not waste all the time and money on the inland application!

 

[kelKel]

We withdrew our inland application 3 months after we sent it to Vegreville. It took 2 months for them to confirm the withdrawal and give the refund. Even with that delay and resubmitting the application through Buffalo he had PR pretty much in the time it Wouldhave taken us to get to 1st stage.

He should return to the states perhaps work a little in the mean time get all the docs ready for an Outland app and resubmit when it's confirmed withdrawn. That way he corrects his status and does what Canada has asked of him.

 

[Aquakitty]

We withdrew our inland application 3 months after we sent it to Vegreville. It took 2 months for them to confirm the withdrawal and give the refund. Even with that delay and resubmitting the application through Buffalo he had PR pretty much in the time it Wouldhave taken us to get to 1st stage.

He should return to the states perhaps work a little in the mean time get all the docs ready for an Outland app and resubmit when it's confirmed withdrawn. That way he corrects his status and does what Canada has asked of him.

Thanks, that makes the most sense to me now too, and we can get married before applying again!

Quick question, did you get a full refund? Did they send all the docs back?