In Canada, but out of status?

[Mint.Strawberries]

Hi there.

So, I know that you can still apply for a family sponsorship if you don't have legal status in Canada, and that the open work permit option only applies for applicants who DO have legal status in Canada.

So, my question is this: My hubby's visitor visa was extended a few times and then they refused to extend it again. Understandably, I guess... they didn't think he was going to leave because we kept extending it. So he is without status.

We're about to send off the application for me to sponsor him from within Canada. Is there any way for him to get some form of legal status in Canada? Or a work permit?

Are there any options? I'm a full-time student and we are barely surviving. We have a daughter, and I can't receive any welfare in order to be able to sponsor him... we wouldn't need welfare if he was allowed to work, but that is life.

Once we submit the application, is he allowed to stay until a decision has been reached? Or could he be deported at any point?

Thank you in advance!

 

[scylla]

When did your husband fall out of status? When was his visitor visa extension refused?

What country is he from / what passport does he hold?

 

[Ponga]

If his status expired more than 90 days ago, there's no way for him to be in status now, unless he leaves and is successful re-entering Canada.

He will not be eligible for an Open Work Permit until he reaches stage 1 (AIP) which is currently ~ 16 months after CIC receives the Inland application.

Without status, there's no guarantee that he will not be removed from Canada, but having an Inland application submitted may help. However, if he's already on CBSA's radar and is, in essence, removal ready now...the Inland application will not offer much protection.

Without knowing more about his situation (see scylla's questions), it's hard to offer anything more.

 

[vinotintazo]

kind of off topic here, but cannot find the answer anywhere....

We applied for Inland Spousal SP, along with an OWP application.

so my wife will have implied status at the time the applicaiton was submitted, after we received the OWP, if shes not working, and we are waiting also for PR dessions, what is my wife's current status?

is it visitor?

temporary resident?

Worker? (eventhough shes not working?

or is it implied untill they decide her PR?

Thanks

 

[Mint.Strawberries]

He fell out of status September 2013, and the extension was denied at that time.

He's from England and holds a British passport.

So I guess we're looking at a choice between having him stay here and continuing with the family class sponsorship or applying on compassionate & humanitarian grounds... vs... having him go back to the UK and apply for either a work permit or a family class sponsorship.

I can only imagine that compassionate & humanitarian grounds would take even longer than a spousal sponsorship... but I'm really worried about my income. We get by on my student loan and I work in the summer, will that show that I can support him? Quite frankly, it would be a relief beyond measure to have him able to work. It would be nice to have a car one day...

He's a tattooist (who hasn't been in the field for 5 years, ugh), so I don't know how well that will be accepted for a work visa... So, I guess I get to sponsor him while he's in the UK.

 

[Ponga]

He fell out of status September 2013, and the extension was denied at that time.

He's from England and holds a British passport.

So I guess we're looking at a choice between having him stay here and continuing with the family class sponsorship or applying on compassionate & humanitarian grounds... vs... having him go back to the UK and apply for either a work permit or a family class sponsorship.

I can only imagine that compassionate & humanitarian grounds would take even longer than a spousal sponsorship... but I'm really worried about my income. We get by on my student loan and I work in the summer, will that show that I can support him? Quite frankly, it would be a relief beyond measure to have him able to work. It would be nice to have a car one day...

He's a tattooist (who hasn't been in the field for 5 years, ugh), so I don't know how well that will be accepted for a work visa... So, I guess I get to sponsor him while he's in the UK.

IMHO, his chances of a successful H&C application would be zero.

If he remains in Canada (without status) and submits an Inland spousal sponsorship application, the soonest that he'd have an Open Work Permit (based on the current processing times) would be ~ October 2016.

With a failed extension request that long ago, there's a pretty good chance that he's already on CBSA's radar. This doesn't necessarily mean that they will remove him, but if they do...his Inland application would be terminated. For this reason alone, he's probably better off to submit an Outland application ASAP. If he does, and still chooses to remain in Canada, he could still be removed, but that would not terminate his application and it would continue to be processed...however...if he is removed and also issued an Exclusion Order, because of his overstay, THAT could be devastating to his application; he would not be allowed to return to Canada for a period of 3 years, which by then, his CoPR document would be long expired.

 

[scylla]

Yes - it's far too late to restore his status from within Canada. This means he won't benefit from the Open Work Permit pilot if you apply inland. You would be far (FAR) better off applying outland.

To obtain a work permit - he would need to first find an employer who is willing to give him a full time job offer and also obtain an approved LMIA (approval to hire him). This process takes many months, costs the employer $1,000 and forces the employer to advertise the job and prove no Canadian could be found for the role. The chances of finding an employer who is willing to go through the process and also having the LMIA approved are likely extremely slim for someone in his field (especially given how long he hasn't been working). If he did somehow manage to find a job offer and obtain an approved LMIA, the work permit approval could very well be a challenge due to the length of his overstay. I would forget about the work permit route and focus on spousal sponsorship.

When you apply, make sure you are 100% honest about his immigration history in Canada including the period of his illegal stay. It will be forgiven provided you are honest.

 

[Mint.Strawberries]

Thank you both.

Is there some form of warning before he gets a removal order, or could it theoretically arrive in the post tomorrow? We haven't heard anything to date.

 

[Ponga]

Thank you both.

Is there some form of warning before he gets a removal order, or could it theoretically arrive in the post tomorrow? We haven't heard anything to date.

In theory...yes. Normally, he would first receive a letter in the mail telling him to leave Canada by [date], which is typically 30 days. If he complies, it usually doesn't have any collateral damage associated with it, regarding his PR application. If he ignores the letter, it gets much worse.

If he has any encounter with a police officer, it could expedite the process!


For reasons still unknown, CIC updated the language in the Inland Guide last September (and again earlier this year) that states that legal status is required to be eligible for spousal sponsorship. This is the only place where this apparent change is mentioned, so it's unclear what this really means now.

It's a tough call, but time really is the enemy right now. Do something ASAP.

 

[Mapleson]

Are there any options? I'm a full-time student and we are barely surviving. We have a daughter, and I can't receive any welfare in order to be able to sponsor him... we wouldn't need welfare if he was allowed to work, but that is life.

What has he been doing the last year and half? He could be working now, if you'd started the process in September 2013 or before. The difficult choice would be for him to return to the UK, work while the application is in process, and return to Canada when legal. It's a hard and painful process, but worth it in the end.

 

[Mint.Strawberries]

What has he been doing the last year and half? He could be working now, if you'd started the process in September 2013 or before.

Being the Stay-at-home parent, our daughter starts kindergarten this fall.

I couldn't sponsor him then, as I had received welfare in the 12 months prior. I struggle with mental illness and have been working hard to be at the point I am now where I can look at these forms without bursting into tears - let alone look at them and comprehend them.

Trust me, I am fully aware that this could have been resolved if I was a stronger person.

 

[brucem]

Being the Stay-at-home parent, our daughter starts kindergarten this fall.

I couldn't sponsor him then, as I had received welfare in the 12 months prior. I struggle with mental illness and have been working hard to be at the point I am now where I can look at these forms without bursting into tears - let alone look at them and comprehend them.

Trust me, I am fully aware that this could have been resolved if I was a stronger person.

Well done for getting this far....its not an easy process but you'll get through it!

 

[Ponga]

Being the Stay-at-home parent, our daughter starts kindergarten this fall.

I couldn't sponsor him then, as I had received welfare in the 12 months prior. I struggle with mental illness and have been working hard to be at the point I am now where I can look at these forms without bursting into tears - let alone look at them and comprehend them.

Trust me, I am fully aware that this could have been resolved if I was a stronger person.

Don't feel the need to defend, or justify what has been done. The good news, is that there's a way to get past this!

The application is daunting, without a doubt, but you have this forum to turn to when you need help. Just take it slow, focusing on little pieces of this puzzle one at a time.

I suggest that you print out all of the forms that are required, just to have them in-hand, and when you're ready to truly start the process, do so by filling them out online. One of the most important things to keep in mind, is that CIC has a tendency to update a form, so it's extremely important to check for updates the day before you are actually planning to mail the application!

One step at a time and you'll be fine.

 

[o6ocpaka]

i think the best option is for him to leave and apply outland

 

[Help22]

Mint.strawberries I am in the exact same situation. Except I am the one out of status. I applied outland praying for a mirical. We also have a child.