Expired Work Permit + Inland Spousal Sponsorship *URGENT PLEASE*

[mbuu1416]

Hi Everyone. I thank-you in advance for reading my case and any help will be greatly appreciated.

My husband and I got married in 2014. I am a citizen and he was on an open work permit. One day when my husband and I were looking to apply for the inland sponsorship we noticed that his open work permit was expiring in the next 10 days. I didn't really have much knowledge of all this until recently. But my husband applied for Restoration of Temporary Resident Status as a Worker. He thought that he needed to apply for that before the spousal sponsorship. So, he sent that application in right away. At that time we were very financially stable. But after his status expired he then lost his job and I was barely working my part time hours. I got pregnant in September but unfortunately miscarried in November and right before I miscarried we got a letter from CIC saying the following:

As you have not submitted an application for permanent residence under the Spouse/Common-
law Class, you are not eligible for an open work permit.

[X] You are a person in Canada without temporary resident status who is not eligible for
restoration under Section 182 of the Immigration and Refugee Protection Regulations.

[X] You are a person in Canada without legal status and as such are required to leave Canada
immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you.

My miscarriage really took a toll on me and I was really emotionally unstable the months following that incident. My husband and I are alone in this province so he could not leave me and return back. After he lost his job we tried to gather money again to apply for the inland sponsorship but we could not save up anything since we ended up needing that money for our everyday expenses. We were hit with an extreme financial crisis and still are undergoing it. But we finally took a loan from some of our friends to pay for the sponsorship fees. It is going to be almost 9 months since he received that letter and I am pregnant again and due in the next month or so.
I was just wondering if we send our application now explaining our situation and how everything got so unfortunately delayed will the CIC agents still deport my husband? Even with a baby probably born by the time they assess our application? I know that I cannot survive here alone without him and I cannot go back to his country to live with his family because we have our own issues.
I heard that some people apply for the H&C application and attach it to the spousal sponsorship application.

Thanks again.

 

[Canad1anAl1en]

I feel for you, but i will refrain from offering any advice as I'm in no way qualified to do so.

Your situation is complex and candidly would benefit from professional advice, rather than the opinions of strangers on a public forum.

May I suggest speaking to an Immigration Lawyer, who can give you your true position? (that may be the best advice you could get from someone on here)

 

[profiler]

I feel for you, but i will refrain from offering any advice as I'm in no way qualified to do so.

Your situation is complex and candidly would benefit from professional advice, rather than the opinions of strangers on a public forum.

May I suggest speaking to an Immigration Lawyer, who can give you your true position? (that may be the best advice you could get from someone on here)

+1. Canad1anAl1en is right here.

 

[mbuu1416]

I feel for you, but i will refrain from offering any advice as I'm in no way qualified to do so.

Your situation is complex and candidly would benefit from professional advice, rather than the opinions of strangers on a public forum.

May I suggest speaking to an Immigration Lawyer, who can give you your true position? (that may be the best advice you could get from someone on here)

We have considered it but most of the lawyers we have spoken to are quite expensive for us right now. Do you have any in mind?

 

[profiler]

We have considered it but most of the lawyers we have spoken to are quite expensive for us right now. Do you have any in mind?

Your case is complicated and sensitive enough that you may want to find the best one you can... that's my $0.05 anyway...

 

[canuck_in_uk]

We were hit with an extreme financial crisis and still are undergoing it. But we finally took a loan from some of our friends to pay for the sponsorship fees. It is going to be almost 9 months since he received that letter and I am pregnant again and due in the next month or so.

I was just wondering if we send our application now explaining our situation and how everything got so unfortunately delayed will the CIC agents still deport my husband? Even with a baby probably born by the time they assess our application? I know that I cannot survive here alone without him and I cannot go back to his country to live with his family because we have our own issues.
I heard that some people apply for the H&C application and attach it to the spousal sponsorship application.

No one can guarantee that your husband won't be removed from Canada at any point during the process, even with a baby. Most people with a sponsorship app submitted are not removed but it can and does happen.

There is no point in asking for H&C considerations. Just apply for sponsorship as usual. Given that your husband doesn't qualify for an OWP and may have to leave Canada, you should consider an outland app.

Where is he from?

 

[mbuu1416]

No one can guarantee that your husband won't be removed from Canada at any point during the process, even with a baby. Most people with a sponsorship app submitted are not removed but it can and does happen.

There is no point in asking for H&C considerations. Just apply for sponsorship as usual. Given that your husband doesn't qualify for an OWP and may have to leave Canada, you should consider an outland app.

Where is he from?

Thats the thing I can't live here alone while hes back there applying. It'll be 2+ years by the time he can come back here.
Why can't I ask for H&C considerations? It says they look at the best interest of a child or a couple in those applications.

 

[canuck_in_uk]

Thats the thing I can't live here alone while hes back there applying. It'll be 2+ years by the time he can come back here.
Why can't I ask for H&C considerations? It says they look at the best interest of a child or a couple in those applications.

He can apply outland while here in Canada. Many people have done this; one recent member, Loveactually, just got her COPR after being here illegally for several years.

Generally, H&C is for situations where people don't qualify under the normal requirements but are asking for an exception based on extreme circumstances; your husband qualifies to be sponsored under the regular spousal stream. Also, IRCC rarely recognizes H&C when the situation has arisen due to the fault of the applicant; the fact that your husband is here illegally is his own fault.

 

[mbuu1416]

He can apply outland while here in Canada. Many people have done this; one recent member, Loveactually, just got her COPR after being here illegally for several years.

Generally, H&C is for situations where people don't qualify under the normal requirements but are asking for an exception based on extreme circumstances; your husband qualifies to be sponsored under the regular spousal stream. Also, IRCC rarely recognizes H&C when the situation has arisen due to the fault of the applicant; the fact that your husband is here illegally is his own fault.

But is that allowed? Will he have to state somewhere on the application that he is in the country? What's the difference anyway if he applied using outland rather than inland?

You're absolutely correct. I tell him all the time that its his fault. But his status is illegal so he doesn't really qualify for anything until he goes back. So I am just not understanding how he can be in Canada and use the outland application.
Also, will using the outland application be less risky than the outland? Thanks

 

[canuck_in_uk]

But is that allowed? Will he have to state somewhere on the application that he is in the country? What's the difference anyway if he applied using outland rather than inland?

You're absolutely correct. I tell him all the time that its his fault. But his status is illegal so he doesn't really qualify for anything until he goes back. So I am just not understanding how he can be in Canada and use the outland application. Thanks

Yes, it's allowed. There is no rule against being in Canada while applying outland and it's perfectly fine to use a Canadian address in the app.

Outland is generally much faster, has the option of appeal and there is no risk to the app if he has to leave Canada.

 

[mbuu1416]

Also, since his work permit expired his SIN card also expired. When he files his taxes, does that increase his chance of being deported?

 

[canuck_in_uk]

Also, since his work permit expired his SIN card also expired. When he files his taxes, does that increase his chance of being deported?

No.

 

[Maggie03]

when did you submit the app?
worst case scenario if CBSA called for appointment and they see you have inland sponsorship they will write to cic to expedite it even tho before AIP
its all depending on the office, but if you got called for CBSA appointment, Walk in with your husband, Dont ignore it

 

[mbuu1416]

I have not submitted the application yet. Just waiting on my Option C and other documents. Also, trying to figure out how to submit an outland application now. :'(

Why would they call for an interview. Wouldn't they just come and deport him right away, no questions asked?

 

[Omegabyte]

Within Canada, CBSA has great latitude in how they handle each individual case. Just crossing at Eastport/Kingsgate (Northern Idaho/BC), I've experienced everything from a cranky "I'm only going to give you a month up here", to having an agent help me fill out a B4/B4A to allow my storage items up before my wife and I were married. I've been told they can even grant refugee status on the spot if they so desire.

Much is going to depend on where your husband is from, his criminal history in Canada (if any), and his demeanor in dealing with any agents you meet. In the case of the cranky CBSA agent, I whipped out our copy of the outland app with my clear FBI report, and made a point to say hello to a couple agents I had chatted with on earlier trips up. Within a half-hour, that one month stay was extended to the full six months, and I was granted a visitor record so I could extend my visitor status if we need it.