How can my wife get new PR & work pilot program having a expired visa?

[Ponga]

Again, I strongly suggest that the OP contact an experienced lawyer and see what the best option would be for them. The law firm that hosts this website offers a free phone consultation.

Simply because, nobody can actually confirm that:

1. CIC has in fact changed the rule about those without status applying while remaining in Canada.

2. CBSA has `officially' ended their Administrative Deferral of Removal policy that would allow a person without status to remain in Canada, pending the processing of their INLAND application, provided that removal actions had not been taken against the person PRIOR to CIC receiving their INLAND application.

This ADR was to work in-tandem with the Public Policy from February 2005 regarding the eligibility of those without status to apply INLAND.


Call a lawyer ASAP!

 

[Ponga]

Wow! After my last couple of posts in this thread, I now have 2 more `-1' ratings.

Really?!

I'm outta here! ;D

 

[Rob_TO]

Simply because, nobody can actually confirm that:

Should note that even a lawyer will not be able to confirm this with any certainty.

 

[Ponga]

Should note that even a lawyer will not be able to confirm this with any certainty.

I'd certainly feel better with what a lawyer said, over the speculations on a public forum. I'd even take their answer over the `Roulette Wheel of Knowledge' when calling the Call Centre!

 

[Rob_TO]

I'd certainly feel better with what a lawyer said, over the speculations on a public forum. I'd even take their answer over the `Roulette Wheel of Knowledge' when calling the Call Centre!

True, as long as you are confident you are talking to a truly experienced and knowledgeable lawyer that has contacts at CIC they can ask.

The amount of completely wrong and inaccurate info I've seen on this site that came from lawyers, is mind boggling.

 

[brucem]

Wow! After my last couple of posts in this thread, I now have 2 more `-1' ratings.

Really?!

I'm outta here! ;D

You're a fount of knowledge Ponga! I guess we needs someone to ride the gauntlet with this and then let us know what happened. Difficult when the OP has kids involved though.

 

[canuck_in_uk]

Perhaps, but what happens when the person finally returns to Canada (after being removed) and is asked this question during their landing interview:
"Have you ever been removed from Canada or any other country"?

Would that impact the visa officer's decision to grant the person PR status?

Or worse...if CBSA questions them before they even make it to the landing interview and determines that they are inadmissible to Canada, because of the previous overstay and removal action?

The landing officer would already know that a person was removed, as it would be in the system. They would not refuse to land a person because of a previous overstay. We've seen many people who overstayed land without issue.

The app would be scrutinized more, as it always is in such situations where any out of status person is being sponsored. The only real impact would be if the person was actually deported, in which case the VO would require the applicant to apply for an ARC. Once the ARC is approved (and they always are in cases when the sponsorship app is approved), there is no further issue with either the app or the landing.

There are different types of removal orders. A person issued with a Departure Order who leaves on time or a person issued with an Exclusion Order who waits out their time is not inadmissible. A person who is issued with a Deportation Order is automatically inadmissible, so there is no need for CBSA to determine that. Such a person, as I said above, would be required to add an ARC application to the PR app.

Wow! After my last couple of posts in this thread, I now have 2 more `-1' ratings.

It happens. Just ignore it. Or go look at zardoz's profile, where someone keeps giving him multiple negative votes every week. Think he's around -160 right now.

The amount of completely wrong and inaccurate info I've seen on this site that came from lawyers, is mind boggling.

Agreed. Even many of the "experienced" ones have provided some really bad or completely wrong advice.

 

[Ponga]

The landing officer would already know that a person was removed, as it would be in the system. They would not refuse to land a person because of a previous overstay. We've seen many people who overstayed land without issue.
Yeah, what I meant to say was "overstay and removal order that resulted in deportation.



It happens. Just ignore it. Or go look at zardoz's profile, where someone keeps giving him multiple negative votes every week. Think he's around -160 right now.
Thanks. I'm just feeling a bit tender today. :


Agreed. Even many of the "experienced" ones have provided some really bad or completely wrong advice.
Sad but true! IMHO, it really should ultimately be the Call Centre's responsibilty to provide factual information. By taking the agents name and number, the onus would be on them if they provide false information.

 

[bajashawn]

My wife is from Mexico. Our children were born in Mexico but are Canadians as am I. I guess I need to contact a good lawyer and see if there is anything we can do from here. Thank you everyone for all your help this forum is great.

 

[rajjj]

Here is just one example of what lawyers say about those without status:

There are two kinds of spousal sponsorship:

1.

Spousal sponsorship application within Canada

If the spouse is already in Canada, it is possible to have the spousal sponsorship application processed within Canada. However, it is not widely recommended due to various complications and lengthy processing time. Please consult an immigration lawyer before proceeding.

On February 18, 2005, a new policy was announced with respect to inland applications for those who are out of status. The issues are complicated and a lawyer should be consulted as to whether an out of status person seeking to apply from within Canada actually qualifies under the new policy.

2.

Spousal sponsorship application outside Canada

Sponsor and the applicant can choose to have the spousal sponsorship application processed outside Canada. In such case, the application is processed at the visa post responsible for the country, which the applicant is a citizen or has legally resided for at least a year. The applicant is able to reside in Canada while the sponsorship application is in process outside Canada, as long as the applicant is able to maintain legal status in Canada.

[source] http://immlawbymoses.com/index.php?m0=1&m1=15&m2=39&LANG_VAR=2


It would seem that if applying Outland, while being in Canada without status were a valid option, `they' would be advising EVERYONE* to apply Outland, since it IS normally substantially faster than Inland...but so far, I haven't found a single resource to indicate that as an option.

Just my $0.02

* [save for those that would be faster Inland than their visa office, applying Outland]

hi Ponga your information is good standard I think consultanting with good lawyer is good suggestions before take any action pls refer any good lawyer

 

[rhcohen2014]

Perhaps, but what happens when the person finally returns to Canada (after being removed) and is asked this question during their landing interview:
"Have you ever been removed from Canada or any other country"?

Would that impact the visa officer's decision to grant the person PR status?

Or worse...if CBSA questions them before they even make it to the landing interview and determines that they are inadmissible to Canada, because of the previous overstay and removal action?

i can tell you from experience, when having to answer "yes" to the question at the landing interview about previously being denied entry or removed from canada. CBSA doesn't really care, because as the agent said to me "i don't even get why they ask this question. This paper (points to the COPR) overrides it." that is the point of applying for PR, to seek entry into canada the correct, legal way instead of just making up rules for yourself. The COPR is the APPROVAL for entry, so even though a "yes" answered for previous issues, it doesn't negatively affect the current landing of a pr.

If the person attempts to enter prior to landing, and it's found out there was a previous overstay, of course CBSA has the right to deny entry. as canuck said, if a PR app is in process and the applicant is refused entry, depending on the type of refusal, the applcant would probably need to apply for an ARC to be able to be approved as a pr.