Is my wife eligible for Family Sponsorship???.....Plz Help.

[mujeebshah]

Hello

I am a Canadian citizen and my wife and son has a Pakistani nationality. They got the visit visa (valid from Oct 4, 2009 to Feb 24, 2009), and now they are living with me in Canada.
At the time of entry into Canada, my wife was pregnant and she gave birth to our daughter in Nov 2009.

As my wife’s Pakistani passport was expiring on Feb 24, we applied to get new Pakistani passports, but the passport machines of the country broke down and the passports were delayed. We finally got the passports in March 2010. So while in Canada, I applied for their visit visa extension and restoration of status in April 2010 and paid 400 $ fee. In the application, I mentioned that as they would be getting their immigration soon, so please extend their visit visa.

What went wrong:
In the visit visa extension package, I forgot to put the copies of their visa and visa stamp page (the proof of their entry into Canada). So we got a reply back on June 10 stating that our visa has been refused because we didn't provide the proof of their entry into Canada. Once we got the letter, I checked the documents that I submitted and I was shocked that BY MISTAKE I really missed to attach the copies of the visa and entry stamp page.

In the refusal letter they haven't given them any date to leave Canada.

I went to the MP of my area but they said that they are unable to help me.

I have following questions:

1. I called the call center and they said I can still sponsor her in in-canada class family sponsorship even if she doesn’t have a legal status

2. Can I sponsor her for immigration by in-land process?

3. Is she eligible to be sponsored?

4. What else would you guys suggest?


I will appreciate the replies.

Thanks



Here is the detailed copy of what is written in the letter...
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This refers to your application for restoration of temporary resident status and a visitor record.

Your application as requested is refused.

You have not provided proof of entry into Canada as required.

You have indicated that your date of entry was October 4, 2009. Based on this information, your temporary resident status was valid to Feb 24, 2010.
The client number in the top right-hand corner of this letter is your personal identification number; it lets people see and use information about you that is on your immigration file. To protect yourself, you should not let anyone else use it. When you send a letter or fax to us, please include your personal identification number.

If you change your address, please tell us immediately by calling the citizenship and immigration Canada call center at 1-800-242-2100, or on the internet at ..... You can also get general information and application kits form the call center or on the internet. If you require further assistance, please phone the call center and be ready to give your client number and your date of birth.
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[steaky]

You can sponsor your wife and unmarried children. It is okay to proceed the inland process.

Read the website below for relevant forms and guide.

www.cic.gc.ca

 

[iarblue]

When you do apply for their sponsorship i would include a new visit visa extension with the copies that you missed last time.Even though they are out of status you can apply.and when you do apply inland include a work permit application too so then when it has come to first stage approval your wife can work too.Althought the first stage approval takes a bit longer to get to first stage.
You can also apply outland too if you like the only down fall is she might be requested for an interview and have to go to Pakistan to take that interview.The downfall of the inland ap is you can not appeal the end result if it is a refusal.

 

[RobsLuv]

When you do apply for their sponsorship i would include a new visit visa extension with the copies that you missed last time.Even though they are out of status you can apply.and when you do apply inland include a work permit application too so then when it has come to first stage approval your wife can work too.Althought the first stage approval takes a bit longer to get to first stage.

There is no point in including an extension application when the applicant is out of status. When the application is approved after first stage assessment, the applicant will be given a temporary status document at that time and will be advised as to how to get their open work permit. Submitting an open work permit/extension application with an inland application when the applicant is in status protects their status and gets them the OWP automatically after first stage assessment. But when the applicant is out of status, it's just a waste of money.

You can also apply outland too if you like the only down fall is she might be requested for an interview and have to go to Pakistan to take that interview.The downfall of the inland ap is you can not appeal the end result if it is a refusal.

This is all true - but the implications are huge for this particular applicant as there is a Canadian citizen baby involved. And it's not just the issue of an interview - many overseas embassies will request the passport very early on in processing. If Islamabad was to request the applicant's passport as soon as they receive the application, the applicant and her son would have to leave Canada and go to Pakistan to submit the application and wait out finalization of the application, and either the baby would have to go, too, or would be separated from her mother until PR was granted. Typical processing timeline for Islamabad is 7-14 months.