Need help to stay a family.

[jsrnm]

Hi guys thank you in advanced for any replies. I am from the UK my partner is Canadian and my son is British Canadian. I have been living in Canada since the summer of 2012. Due to the fact that I am here with no status I was unaware of the fact my partner could sponsor me. Now I know it can be done we are about to do it. I have few questions if anyone could help me? I want to do the outland application but can I do this if I have no status in Canada ? Also before my partner and I met 5 years ago I was previously married to a Brazilian since we married I never saw him again and have no contact with him. No idea where he is. Will this affect my application ?

Please help!!

 

[screech339]

If you apply outland, you will remain out of status and can get deported. If you do the inland, you can get back in status when you get AIP.

You can get back in status if you are out of status less than 90 days. You can apply to put yourself back in status.

 

[Ponga]

Hi,

It sounds like you have been out of status for about a year. Is that correct?

You will have to file an Inland application if you wish to stay here during the application process. If you are out of status, you cannot remain in Canada and file an Outland application.

The Brazilian marriage could be an issue. I know that some people (like those from the Philippines) have been able to be sponsored while legally married, because divorce is difficult there. Where were you married? In Brazil?

Good luck!

 

[jsrnm]

Ok so outland is out of the question. Yes I have been out of status over a year now. Inland it is. I married in a place called campo grande. The marriage was never registered in the UK.

 

[corbs]

Ok so outland is out of the question. Yes I have been out of status over a year now. Inland it is. I married in a place called campo grande. The marriage was never registered in the UK.

Are you divorced? Was your marriage official in Brazil?

 

[Ponga]

Ok so outland is out of the question. Yes I have been out of status over a year now. Inland it is. I married in a place called campo grande. The marriage was never registered in the UK.

Hmmm...The problem is going to be that you have to disclose the fact that you have been (and likely still are) married. If you don't have anything that shows your divorce from him, you will likely have an issue. You have to be totally honest with everything that you declare, because if they found out that you had misrepresented yourself, you would likely lose your PR and would be deported (worse case scenario, but it has happened).

Hopefully, someone with much more knowledge will reply, but I suggest looking into your marriage issue to see what, if anything, you can do.

 

[jsrnm]

Thank you ponga. I will try and see what I can do. Corbs as far as I know I am not divorced. I believe it was offical but then again I don't know. I never saw him again. Does one need to be divorced or can they be separated. ????

 

[Rob_TO]

Thank you ponga. I will try and see what I can do. Corbs as far as I know I am not divorced. I believe it was offical but then again I don't know. I never saw him again. Does one need to be divorced or can they be separated. ????

No, there is no need for a divorce. One can apply for common-law sponsorship while legally being married to someone else. You just need to prove that you are in fact physically separated.

See here for more: http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/op/op02-eng.pdf
5.38. What happens if the common-law partner (principal applicant) is married to another person?
Persons who are married to third parties may be considered common-law partners provided their marriage has broken down and they have lived separate and apart from the spouse for long enough to establish a common-law relationship – at least one year.....

 

[jomz]

Just apply as common-law and show you are married. There is nothing wrong with that. Where it asks for your married husbands information and since you do not hav eit, put in NA, and write an explanation that you have not had any contact therefore you are unaware of his whareabouts.

 

[Ponga]

Ah, Rob_TO and Jomz beat me to it:
http://www.canadavisa.com/canada-immigration-discussion-board/-t122385.0.html

Looks like you'll be ok, but expect the possibility of them asking more questions.

Good luck!

 

[jsrnm]

Omg thank u so much. There maybe light at the end if this tunnel thank u so. Will keep u updated. ))))))