Need help asap USA to Canada questions

[JessCann]

First off let me say how wonderful it is finding this forum I'll likely have silly questions so bare with me.
Here is my situation. My now husband comes from the USA, he moved down here back in October with no VISA etc.. just hopes of getting sponsorship paperwork done. At the boarder in Niagara the women stamped him in for only 2 weeks, in a frantic attempt to complete our marriage and have him stay we applied for our visitor extension. Got it mailed, therefore he had legal status thus far. This was before our marriage so we didn't start with the sponsorship papers until that point. Tonight I got those papers returned saying we were missing the fee's to be paid (which we paid but sure.. alright) fine and dandy, we are married now and getting those papers looked after. my questions are as follows:

1. Do we have to fill out yet another visitor extension within the 90 days (or he is out of Canada and now we have to pay 200.00)
or can we get the ball rolling with the sponsorship papers, will that override the extension papers and still give him that legal status. IE not be booted out while we sit and wait for their answer.

2. If approved as a sponsor will he become a temporary resident, being able to work, or is that a whole different VISA process? He could not apply under our working class option as they are very specific with what industry you're in.

3. in the sponsorship application they ask for medical and police records from the USA how hard would this be to obtain from within Canada? Has anyone had to go through this step before, that is what we are stick on atm.

I could go on for days with questions but these are my main concerns, thank you for any help and insight even if it is bad news, I've been stressed holding down all the income and keeping him here legally in hopes we can finally just relax.

 

[sariss]

1. You need to finish his visitor extension before you do anything, really. If he is here out of status that is a huge red flag. If you apply outland you will need to ensure he is always in status, which means renewing his visitor record every time it gets close to expiring.
2. No. He will be able to work when the entire process is over. I believe if you apply inland and submit an open work permit he will be able to work once sponsor approval is done - but the first stage of inland takes almost just as long as the entire outland process.
3. You need to read the guide on CIC's page. All the info you need is there, and you should read everything thoroughly before attempting to apply. But, to answer your question, there are Canadian Doctors who will do the medical, and you mail the FBI check out.

 

[Ponga]

Welcome,

I'll be happy to get the `ball rolling' but will save some answers for others which much more knowledge.

1. (will defer to others)

2. He would not be able to work until you have been approved as his sponsor, but you would need to submit an Open Work Permit (OWP).
There are a few threads here discussing the `possible' changes that CIC has made for those seeking OWP, but at the very least, the mailing address has been changed. It is no longer the same place where the sponsorship application is to be mailed.

3. He needs to have his fingerprints taken and then mailed to the FBI in West Virginia, which can certainly be done from within Canada. He would also need to have a PCC (police check) from any other country where he had lived/visited for more than 6 months since age 18.

Medical exam (not prior medical records) could be scheduled here through an approved CIC panel physician. He does not need to provide previous medical records.

You'll find many wonderful, informative people here to help you get through this `vortex' in your lives.

Good luck!

 

[Ponga]

Actually, If I understand you correctly...

Your husband's last arrival into Canada was back in October, 2013 and he was given a two week stay. He has stayed beyond that and is now at (or very close) to being 90 days `out of status'. Is that correct?

If so, I, personally, would suggest the application to restore his status, which can be done within 90 days of losing his status. The reasoning being that the administrative deferral that was in place by CBSA, would basically respect CIC's `public policy' to allow someone to apply for spousal sponsorship within Canada, regardless of their current legal status and not be removed, pending the application approval. The CBSA deferral apparently* ended in November of 2011, and it's `anyone's guess' regarding what happens now, although it seems that they will provide 60 days for CIC to try to fast-track an out of status applicant, in the hopes of getting AIP (stage 1 approval). No idea how, or if, that has been working in reality.

*Here's one source for the apparent change of CBSA's policy:
https://secure.immigration.ca/forum/forum_posts.asp?TID=8835&title=prra-help
(Fifth post is that of an immigration lawyer).

 

[JessCann]

Thank you so much everyone for your help. Very insightful and speedy responses.
Ponga you nailed my situation perfectly I apologize to others if I didn't specify better. Yes, my husband is in Canada since Oct and we got his extension done. Tonight it was returned for no fees paid :/ I'd love to take this up with them but in all seriousness it may be easier to pay the 200.00 and resend it. If in fact that is what I need to do. I was hoping though we could skip that step being married now and just move forward with the sponsorship paperwork and sit on that provided he is still legally allowed here now being my spouse (I just don't want him to run into trouble or cause harm to our case) but like Ponga stated it's hard to understand some of CIC's rules and regulations and make out what has changed year after year. That's why you guys are doing wonderfully pointing me in the right direction. Thank you

 

[Ponga]

How long of an extension did you apply for? If you have proof that you paid the $200 fee to restore his status, can't you use that to convince CIC? Don't just `eat it' and start over!

Being your spouse does not change your husband's status at all. If he's been here 91 days or more beyond his passport stamped date of authorized stay, he's technically `illegal' and is officially out of status. Does that mean that he will be deported before you get through the Inland application process? No, but it means that he could be.

Submitting an Inland application, in and of itself, does NOT make your husband `legal', if his status expires before you reach first stage approval (AIP-Approval In Principle). Unless his extension is approved and it is for 1 year (or more), there's a good chance that his status would expire before AIP. One option is to submit an Open Work Permit (OWP) with the Inland application. This would give him the implied status that he needs and would allow him to work (anywhere) after AIP.

There is open debate regarding whether or not the OWP requirements have changed, but nothing has been officially posted to the CIC website...at least not at last check. However, the mailing addresses for OWP and Inland applications are no longer the same.

So, it seems that getting an answer on the status of his extension is paramount. Until that time, you have no idea where he's at and what your options are.

One option is for him to go back to the USA for a day, and then re-enter Canada. That would instantly reset his `clock' and would give him legal visitor status again. It's also possible that his passport would not be stamped and he would then, by default, have 6 months to stay and `visit' you. Remember he is not LIVING with you ...only visiting you. This may not be his best option, but in most cases (ie, Americans leaving and returning to `visit' Canada) it's not a problem.

Again, hopefully others will continue to contribute their thoughts here as well.