Need advice with Family Class

[confused_one]

I initially came into Canada about 4 years ago. My sister in a PR through Family Class sponsorship. She has two disabled sons and I kept coming and visiting her staying for a couple of months and then leaving just to help her out. Back in 2007 I decided to come across (from UK) and spend the full six months with her and my two nephews over Christmas and leave in the May. Unfortunately just before I was due to leave her husband walked out on her sending her deeply into depression and completely unable to care for her sons. This was made worse as her husband refused to pay any support for her and the kids and still being within 3 years at the time she wasn't eligible for any kind of government support. I had enough in my savings to support her for a while but I couldn't just up and leave while she fell apart. She was eventually diagnosed with severe depression and the stress of everything rendered her incapable. At the time I had no idea that I could extend my status - I was told by the local immigration office that there was nothing I could do. Just as I was getting her back on her feet her gall bladder ruptured leaving her within minutes of death - again this took a lot of nursing to right. During this time I ended up losing my job in the UK and having to sell my home. I also met and fell in love with a Canadian Guy. He moved in with me in Jan 09 and we married in September last year.

Now comes my issue. I realise that I am a serious overstay. I can find no way to correct my situation. As I am financially drained and have nothing (not even family members) to return to in the UK - moving back even temporarily is not really a feasible option (I don't even have the finances to support myself with initial accommodation over there). My husband was to sponsor me to obtain my PR status but I'm terrified that if I submit and application that I'll be deported and not allowed to return to Canada - if that happens I'll be unable to help my sister and my husband would have to move away from his family, career and the country he loves.

Has anyone been in a similar situation - if so how did it get resolved - or does anyone know of a way that I can try to correct my status? I know many will probably post saying that I shouldn't have overstayed etc and I know that NOW but please bear in mind that at the time I trying to cope with two young disabled children and a suicidal sister, I had no intentions of staying in Canada for any longer than I needed to.

Thank you.

 

[steaky]

Your husband is very nice to support you, your sister and her two children. Suppose you are being deported, can't your sister and her children go and stay with you in UK until you get PR visa to Canada? This way you can continue to look after your suicidal sister. For financial support, can't your husband keep his career in Canada and provide your support in UK? There are similar astronaut cases like that in Canada.

http://www.canadavisa.com/canada-immigration-discussion-board/-t65382.0.html

 

[confused_one]

My sister is finally able to support herself and her two boys now - they can't leave the country as her ex husband (even though he shows no interest in the boys and she has full custody) refuses to sign any forms allowing them to get passports let alone leave the country. While my husband earns enough to keep us both here - living on just one wage is not always easy and with the currency difference he could not support me in the UK. While I can get a job in the UK and work we can't afford the almost $4000 I would need in order to be able to support myself for the first month in the UK allowing me to get a job. All of my friends in the UK that I talk to keep giving me messages of woe regarding job availability over there so I'm not confidant of finding employment right away.

 

[suenim]

You should apply for sponsorship right away. You can apply inland or outland. If you do inland, 1st stage of approval takes about 10 mths. I recently saw a guy get approved no problem even though he was out of status since 2004. Sometimes they may transfer your file to local office and it makes processing much longer. Since you're from the UK, most will tell you to apply outland since processing times are much faster. The entire process can be completed in 4-8 mths (or more) if you apply via UK. Since your out of status, you may be called for an interview or may not. If you apply outland, you will need to go to the UK for the interview. Get all your papers together, your police report from the UK, do your meds and send everything with the application and hope for the best. Show lots of proof of your relationship. I wish you the best.

 

[scylla]

This was made worse as her husband refused to pay any support for her and the kids and still being within 3 years at the time she wasn't eligible for any kind of government support.

In case anyone else reads this and is in a similar situation - your sister was in fact eligible for government support during the three year period. Her husband would have been responsible for paying the government back for any money she received during the three year period because he failed to support her as promised when he signed the sponsorship paperwork.

Good luck with your application!

 

[confused_one]

I know that applying outland is faster but I think we are going to try applying inland first. Like I said with nowhere to stay in the UK the expense of going down that route makes it a little infeasible. Thank you for letting me know about the person who had been out of status since 2004 - that's primarily what I wanted to know - if anyone else had applied out of status.

I have one more question - how do i go about getting a police report since I am already in Canada? Will I only need a Canadian one or do I need one from the UK too? If I need one from the UK how do I go about getting one without leaving Canada?

 

[scylla]

I have one more question - how do i go about getting a police report since I am already in Canada? Will I only need a Canadian one or do I need one from the UK too? If I need one from the UK how do I go about getting one without leaving Canada?

You don't have to include a Canadian police certificate. However you must provide police certificates for every country you have lived in for at least six months since the age of 18.

Information for UK police certificates is here:

http://www.cic.gc.ca/english/information/security/police-cert/europe/united-kingdom.asp

 

[rjessome]

My sister is finally able to support herself and her two boys now - they can't leave the country as her ex husband (even though he shows no interest in the boys and she has full custody) refuses to sign any forms allowing them to get passports let alone leave the country. While my husband earns enough to keep us both here - living on just one wage is not always easy and with the currency difference he could not support me in the UK. While I can get a job in the UK and work we can't afford the almost $4000 I would need in order to be able to support myself for the first month in the UK allowing me to get a job. All of my friends in the UK that I talk to keep giving me messages of woe regarding job availability over there so I'm not confidant of finding employment right away.

With a court order stating full custody she can get the passports without his permission if they are Canadian.

I initially came into Canada about 4 years ago. My sister in a PR through Family Class sponsorship. She has two disabled sons and I kept coming and visiting her staying for a couple of months and then leaving just to help her out. Back in 2007 I decided to come across (from UK) and spend the full six months with her and my two nephews over Christmas and leave in the May. Unfortunately just before I was due to leave her husband walked out on her sending her deeply into depression and completely unable to care for her sons. This was made worse as her husband refused to pay any support for her and the kids and still being within 3 years at the time she wasn't eligible for any kind of government support. I had enough in my savings to support her for a while but I couldn't just up and leave while she fell apart. She was eventually diagnosed with severe depression and the stress of everything rendered her incapable. At the time I had no idea that I could extend my status - I was told by the local immigration office that there was nothing I could do. Just as I was getting her back on her feet her gall bladder ruptured leaving her within minutes of death - again this took a lot of nursing to right. During this time I ended up losing my job in the UK and having to sell my home. I also met and fell in love with a Canadian Guy. He moved in with me in Jan 09 and we married in September last year.

Now comes my issue. I realise that I am a serious overstay. I can find no way to correct my situation. As I am financially drained and have nothing (not even family members) to return to in the UK - moving back even temporarily is not really a feasible option (I don't even have the finances to support myself with initial accommodation over there). My husband was to sponsor me to obtain my PR status but I'm terrified that if I submit and application that I'll be deported and not allowed to return to Canada - if that happens I'll be unable to help my sister and my husband would have to move away from his family, career and the country he loves.

Has anyone been in a similar situation - if so how did it get resolved - or does anyone know of a way that I can try to correct my status? I know many will probably post saying that I shouldn't have overstayed etc and I know that NOW but please bear in mind that at the time I trying to cope with two young disabled children and a suicidal sister, I had no intentions of staying in Canada for any longer than I needed to.

Thank you.

Inland or outland spousal sponsorship are both options for you. No removal order has been issued for you so you are not really on CBSA's radar. I'm assuming that the overstay is your only issue and that you didn't work or study illegally and that you have no issues with criminality. I suspect that your risk of being reported to CBSA by CIC if you apply outland is very, very low. However, I do understand that you may be more comfortable applying inland as any removal would be stayed until a decision has been reached. You realize that since you are not in status you would not be eligible for the open work permit option, or at least you are not supposed to be. I think I saw somewhere on here that a person who was out of status got an OWP. Wonders never cease!

In either case, build a strong application with convincing proof of genuiness of your relationship with your husband. And DO disclose the reasons for your overstay as well. Your story is pretty compelling.

 

[confused_one]

Thanks for all the help and advice guys - i sat and discussed all your comments with my husbands and we have decided to apply inland. We both feel that whilst I overstayed and that is technically wrong I only did what I had to do. If CIC can't/won't accept this and I do get denied then he'll apply for immigration to the UK and go back to just visiting my sister and nephews, but fingers crossed it won't come to that!

Thanks again!

 

[HoneyBird]

Just tell you story like you told us on your paperwork to explain why you overstayed.
Ensure you have loads and loads of evidence to support your marriage to your husband. I cannot emphasize the importance of this. Every shred of evidence is important. Phone calls, texts, dates, receipts, facebook messages, emails, letters, trips, meeting his family, the wedding, testimonials. Just have a stack of evidence showing how much you are with this man for love and not to be in status in Canada. Good luck.

 

[Material]

You realize that since you are not in status you would not be eligible for the open work permit option, or at least you are not supposed to be. I think I saw somewhere on here that a person who was out of status got an OWP. Wonders never cease!

She can apply for an open work permit after receiving AIP. My wife didnt have status but we were granted AIP and now we are going to apply for an open work permit.My advice from personal experiance is to concentrate on the proof of you relationship.

Cheers

 

[fleo]

She can apply for an open work permit after receiving AIP.

Are you absolutely sure of this? AIP is not status restoration, and normally if you were out of status at the time you submitted your application you wouldn't be eligible for an OWP; instead you'd have to wait until PR is granted to be able to work.

 

[Material]

Are you absolutely sure of this? AIP is not status restoration, and normally if you were out of status at the time you submitted your application you wouldn't be eligible for an OWP; instead you'd have to wait until PR is granted to be able to work.

I’m absolutely sure because I asked that particular question to the officer that did the interview to make sure our marriage is real at the end when she said that she is going to grant us AIP she said that my wife could apply for an open work permit.