my file is guaranteed refusal?

[timmigration]

Hello there,

My husband came to Canada in 2007 May as a visitor . We met in June 2007 and fell in love. In the end of 2007 we knew that we wanted to be together so we decided to live together. In the mean time his visa was expiring, therefore we applied for an extension for him. Which was refused because my hubby accidently didn´t add his passport copy. While his extension application was on process we decided to get married. In 2008 april we got married. In the mean time my husband lost his status. Due to financial challenges we couldn´t apply for his immigration right away. We needed to gather all the papers from his country (Netherlands). In 2009 april my hubby´s application was accepted. In September 2009 they transferred his application to the vancouver local admission office. We went to our local MLA and they told us 2 weeks ago that my file has not been assigned to any officer yet. It has become really tough on us financially and emotionally because it´s only me who can work. My husband is getting frustrated not being able to do anything. Can anyone tell us what the timeframe would be for my husband to become an immigrant? Thanks for your time.... ed-----i went to an local m l a and she said that the application has not been assigned to an officer .. i was refused extension of visa back in 2007,instead i applied for sponsorship in april 2008 so i overstayed

 

[RobsLuv]

The fact that your application was transferred to a local office is not an indication that it's guaranteed to be refused. The reason it was transferred was because you applied for him via the inland process when your husband did not have valid temporary status in Canada. Because he has overstayed his authorized temporary status, his application was not eligible for "straight-forward" processing through Vegreville and was transferred to your local CIC office for special handling. Whenever an application is transferred like that, it becomes subject to the local office's individual processing timeline. Some offices are very busy and applicant's in your husband's situation find themselves waiting for a couple of years just to get to first stage approval. You (as the sponsor) can contact the Call Centre and ask about the processing timeline for your local office to get an idea of how much longer it might take before they actually look at his file, but there's really nothing you can do to speed up an inland application that has been sent to local office processing.

Your only other option would be to withdraw the application and apply again via the outland process. Any and all applicants are able to apply via outland, even if they are staying in Canada, and it's usually the best option - especially for someone who is visa-exempt and who is not in Canada legally. There are no residency requirements for outland processing, so your husband, at this stage of the game when things are tight financially, etc., would be able to go home and work for awhile without jeapordizing his PR application. Because you applied inland, he can't leave and he can't work, and that's why I (for one) almost never recommend inland processing - especially for someone who is visa-exempt. Had he left Canada after your marriage, he would have immediately been "in compliance" again and he would likely have been able to get back into the country without much issue (especially if you were with him) and then he'd have been eligible (because of your marriage) to apply to extend his status while waiting for PR to be finalized. You could have applied inland and included his extension application WITH the inland PR ap, or you could have applied outland and filed separately for extension based on the marriage and the PR ap in process - but either way, he'd have been in Canada legally and you wouldn't be facing these delays.

CIC doesn't like it when foreign nationals overstay their welcome and they're not going to make it easy for those same people to get permanent status while they're here illegally. Unfortunately you guys put yourselves at a disadvantage and now you have to either wait it out for as long as it takes, or start over again.

 

[timmigration]

so its withdraw the inland application and stay in canada and apply an outland application! wont the immigration officer know and see etc etc that i didnt leave the country and will they forgive my mistake and treat me like a new customer? thank you soooo much for ur detailed reply i appreciate ur time

 

[PMM]

Hi

so its withdraw the inland application and stay in canada and apply an outland application! wont the immigration officer know and see etc etc that i didnt leave the country and will they forgive my mistake and treat me like a new customer? thank you soooo much for ur detailed reply i appreciate ur time

You missed RobLuvs statement "etc., would be able to go home and work for awhile without jeapordizing his PR application" If you withdraw and he stays you are complicating the situation, you can probably be assured that CBSA will come looking.

PMM

 

[timmigration]

thanks i learn more out here on this forum then from my lawyer he says itl come itl be ok dont worry etc but in fact its not looking good