EXPIRED VISA UH OH

[ineedhelpplease]

Here's the story:

Girlfriend came from Poland 4 years ago with HUSBAND and 2 Children (5, 14) on his work VISA. They separated and divorced in Canada leaving her high and dry. She moved in with me because she had no where to go. Her attached travel Visa has expired. The children are now living with dad in Toronto. I have decided NOT to sponsor her and she wants to stay and work in Canada. We are breaking up but I still want to help her. She did not start the applications for PERMANENT RESIDENCE because she thinks she will not get approved.

My questions are:

1. Is the ex husband responsible for anything?
2. Can she apply for Permanent residence card with out prosecution (because her travel visa expired)
3. She wants to be a citizen but I dont know if she qualifies?
4. Can she still work?
5. Can she travel?
6. Is MLIA still an option for her?
7. Are there any Canadian Immigration agencies that will help with her situation?

 

[scylla]

I'm assuming it has been more than 90 days since her visa expired.

1. Might be financially - depends how the divorce was settled in family court.
2. She doesn't qualify for a PR card. She needs to apply for permanent residency status first through one of Canada's immigration streams (if she qualifies). Most require recent and valid work experience - so I suspect she won't qualify. More information here: http://www.cic.gc.ca/english/immigrate/apply.asp
3. She doesn't qualify. She needs to become a permanent resident first.
4. No.
5. If she leave Canada she will most likely have issues re-entering due to her illegal stay.
6. Don't know what MLIA is. If you mean LMIA - then no. Even if she secured an LMIA and job offer, she can't apply for a work permit from within Canada due to her illegal status.

 

[ineedhelpplease]

Thank you.

Yes it has been more than 90 days.

1. The court granted custody to the dad- but I didnt read anything about financial help to her.

So basically, she is illegal in Canada? Are there any agencies that can help her?

 

[ineedhelpplease]

What about if someone (friend) sponsors her? How long is the process? Does she have to go back to Poland and wait until the application is approved?

 

[scylla]

Thank you.

Yes it has been more than 90 days.

1. The court granted custody to the dad- but I didnt read anything about financial help to her.

So basically, she is illegal in Canada? Are there any agencies that can help her?

Yes - she's in Canada illegally. Since it's more than 90 days - it's too late to restore her status from within Canada. This means that if she wants to apply for a work permit, she would have to start by leaving Canada. No agency can magically fix her status. She has waited too long to do something about it.

She can certainly look into applying for permanent residency. However even if she qualifies (which I suspect will be difficult), she's looking at a minimum of six months to process the application during which time she would still be out of status in Canada and unable to work. (Being out of status in Canada also means CBSA can chose to remove her.)

 

[scylla]

What about if someone (friend) sponsors her? How long is the process? Does she have to go back to Poland and wait until the application is approved?

A friend can't sponsor her.

The only person who might be able to sponsor her is a Canadian husband or common law partner (someone she has lived with for a minimum of one full year continuously). She would need to ensure this relationship is genuine and ongoing. Sponsoring also comes with financial obligations (on the part of the sponsor) and shouldn't be undertaken lightly.