Feeling nervous. Immigrating through In-land family sponsership

[Rickdude88]

everyone.
As the subject describes I'm immigrating here to Canada, and I'm feeling nervous. Me and my husband are a same sex couple. We've been married for over a year now. Now my marriage is not what I'm nervous about, it's the whole immigration process that has me nervous. Now I'm from the states, never really traveled outside my home state, let alone to another country. So this whole immigration thing is a completely new and nerve wrecking experience.
My husband wanted me to move to Canada where we will eventually have a family, and actually start our lives together.
Now we choose to do an In-land family sponsorship so we could be together.
We gathered all our documents and sent it out in April 2016. Now I completely understand that there is going to be a considerable waiting period. But what has me worried is, is there more to it during the wait?

Let me clarify. We choose to do this on our own without the aide of an immigration lawyer. Which I have mixed feelings about. Now my husband did most of the research and has assured me every thing is in order. As I said before we are doing an In-land sponsorship. So I'm living here in Canada while we wait. Now I do know that immigration aside I can remain here as a visitor for 6 months with just my passport, however according to my husband they can't deport me while the papers are being processed until a decision has been made. Now Its been well over 6months and papers are still being processed. Which from what i understand it can take up 15 to 26 months for processing. So my question is, am I still OK after the 6months and my husband is right, or is me being nervous warranted and there's more to it than just simply sitting around waiting?

 

[profiler]

everyone.
As the subject describes I'm immigrating here to Canada, and I'm feeling nervous. Me and my husband are a same sex couple. We've been married for over a year now. Now my marriage is not what I'm nervous about, it's the whole immigration process that has me nervous. Now I'm from the states, never really traveled outside my home state, let alone to another country. So this whole immigration thing is a completely new and nerve wrecking experience.
My husband wanted me to move to Canada where we will eventually have a family, and actually start our lives together.
Now we choose to do an In-land family sponsorship so we could be together.
We gathered all our documents and sent it out in April 2016. Now I completely understand that there is going to be a considerable waiting period. But what has me worried is, is there more to it during the wait?

Let me clarify. We choose to do this on our own without the aide of an immigration lawyer. Which I have mixed feelings about. Now my husband did most of the research and has assured me every thing is in order. As I said before we are doing an In-land sponsorship. So I'm living here in Canada while we wait. Now I do know that immigration aside I can remain here as a visitor for 6 months with just my passport, however according to my husband they can't deport me while the papers are being processed until a decision has been made. Now Its been well over 6months and papers are still being processed. Which from what i understand it can take up 15 to 26 months for processing. So my question is, am I still OK after the 6months and my husband is right, or is me being nervous warranted and there's more to it than just simply sitting around waiting?

Totally empathise with you. We filed March 2016, and are in the same boat.

No, you need to remain is status. If you have exceeded your 6 months, you are technically out of status. When did you enter Canada last? The Theory is, they will process the application under Public Policy, but the CBSA could issue an exclusion or removal order still. Generally they won't, but better to clear that up.


There is literally nothing to do until they ask you for something. Because you filed inland, you have the option to get an Open Work Permit (OWP). Cost is $255, and as long as you are in status, it's pretty much guaranteed. It's pretty simple to do, and if you are out of status, you can file to restore your status with the OWP application.

 

[scylla]

OP didn't apply for an OWP - so he's out of status now in Canada.

 

[profiler]

OP didn't apply for an OWP - so he's out of status now in Canada.

He might still have a few days by my count to apply for ROS. Assuming he entered in April that is.

If not, then he's going to have to wait and be processed under Public Policy.

 

[Rickdude88]

I've been here since mid March. So I've been here for around 9 months now. We actually didn't know about the whole status thing apparently. :-X

So I guess that means I'm out of status now.
So this OWP application where do I go to get it. And in your opinion what is the likely hood that it'll get approved, considering how long I've been here past the 6 months? I mean I want to be with my husband but I don't want to be here illegally. And thanks you have been very helpful

 

[profiler]

I've been here since mid March. So I've been here for around 9 months now. We actually didn't know about the whole status thing apparently. :-X

So I guess that means I'm out of status now.
So this OWP application where do I go to get it. And in your opinion what is the likely hood that it'll get approved, considering how long I've been here past the 6 months? I mean I want to be with my husband but I don't want to be here illegally. And thanks you have been very helpful

If you're more than 90 days out of status, then you cannot apply for it. Technically you could, but you won't be approved until you are approved in principle. That stage is currently happening days before they make their decision, so it's not worth it to even try to apply.

One thing you could do, is become learned on "dual intent", prepare for questions relating to it, bring your PR application paperwork with you, and do a border run -- if you're feeling adventurous. They could refuse your re-entry, which could result in you losing your PR application. So this probably isn't a great idea -- but it's certainly possible. This would reset your status to Visitor.

 

[Rickdude88]

If you all can provide links to this it'll be appreciated

 

[profiler]

If you all can provide links to this it'll be appreciated

The work permit: http://www.cic.gc.ca/english/work/apply-how.asp

Dual intent:
http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp
http://www.canadavisa.com/immigration-canada-dual-intent.html
http://meurrensonimmigration.com/understanding-dual-intent

I will re-iterate that they can refuse you re-entry for any reason. Being out of Canada for any long duration could result in refusal of your application. So, keep that in mind if you are planning a border run. Remaining in Canada will result in the application being processed still, but under Public Policy (it has the same chances to be approved, just a slightly different path to get there).

 

[Rickdude88]

So in a nutshell. Me being here even though I'm way past my 6 month mark, won't really effect the application we sent or the possibility of being deported? They'll just process it differently? Sorry. I'm like freaking out cause I don't want to jeopardize me immigrating here

 

[scylla]

So in a nutshell. Me being here even though I'm way past my 6 month mark, won't really effect the application we sent or the possibility of being deported? They'll just process it differently? Sorry. I'm like freaking out cause I don't want to jeopardize me immigrating here

Right now you have no status in Canada (i.e. technically you're in Canada illegally). This isn't ideal - but there's not much you can do apart from leaving Canada and re-entering. Chances are extremely low you would be removed from Canada. Once you have first stage approval (AIP), you should apply for an OWP. Once the OWP is approved, you'll have status in Canada again.

Ideally you would have submitted an OWP with the original application. This would have kept you in status in Canada and you would also have been issued an OWP around four months after your application was submitted. But that's water under the bridge now...

 

[Rickdude88]

I guess I'll have to wait for approval then. Thank you so much, you've been exceptionally helpful