Overstaying so we can marry?

[pegasusyt]

Hello everyone, I'm going crazy trying to find answers here... if anybody can shed some light on this it would be greatly appreciated.

My visitor status in Canada expires in March. My fiance wants to sponsor me and we intend to marry, however are not able to until October (due to previous divorce). Spoke with an immigration lawyer who said if I return to my home country now I would have to wait at least 6 months to be able to return, and suggested I stay without status until Oct when we will finally be able to marry.

My question to him was once the government learns I was without status, will they not deny my residency? Lawyer claims not, but I don't trust this.

Your thoughts?

Thanks again!!

 

[Leon]

I think it will make things more complicated for you if you let yourself get out of status. You can also apply to extend your visit status before it expires.

If you are from a visa exempt country, I don't think anybody is counting 6 months before you return. Many people even just hop across the border, visit the US for a few days and come back to get a new 6 months stamp. That is not guaranteed to work though.

 

[pegasusyt]

Thank you Leon. I just found it does say on the CIC website, quote: "You can apply as a sponsor for your spouse, common-law or conjugal partner, even if they do not have legal status in Canada." I'm hoping this means my lawyer wasn't wrong and we can do this. I'm still weary though.

I know people have hopped across the border successfully, but I've also heard stories of many others who weren't allowed back in. Considering I will have been here for 6 months "visiting" and would be asking to return for another 6 months of visiting again right away I could see why that might seem suspicious..

 

[Baloo]

I would suggest that you apply to extend your visit status before it expires.

You can find details how to do it here http://www.cic.gc.ca/english/visit/extend-stay.asp
The processing times for the process are here http://www.cic.gc.ca/english/information/times/canada/process-in.asp#temp_res

There is no guarantee that you will be extended, but if you don't ask....

FWIW overstaying illegally is a bad idea, follow the rules and be honest.

 

[Halifax-Maple]

Thank you Leon. I just found it does say on the CIC website, quote: "You can apply as a sponsor for your spouse, common-law or conjugal partner, even if they do not have legal status in Canada." I'm hoping this means my lawyer wasn't wrong and we can do this. I'm still weary though.

I know people have hopped across the border successfully, but I've also heard stories of many others who weren't allowed back in. Considering I will have been here for 6 months "visiting" and would be asking to return for another 6 months of visiting again right away I could see why that might seem suspicious..

If I were you I would follow Leon's advice (above) rather than the lawyer's. I can add something based on our own experience (my husband). Don't apply to extend your stay UNLESS you have strong reasons to convince immigration officer, as to why you need to stay longer. The easiest way is to exit Canada and return (assuming you come from a Visa exempted country). In Canada, they don't stamp your passport when you exit (on Departure). So no one can tell how long you stayed or even if you over-stayed. Then come back but be prepared to pass the same interview at the port of entry. So, in conclusion DO NOT follow the lawyer's advice and ONLY apply to extend your VISA if you want to buy time.

 

[RobsLuv]

Thank you Leon. I just found it does say on the CIC website, quote: "You can apply as a sponsor for your spouse, common-law or conjugal partner, even if they do not have legal status in Canada." I'm hoping this means my lawyer wasn't wrong and we can do this. I'm still weary though.

I know people have hopped across the border successfully, but I've also heard stories of many others who weren't allowed back in. Considering I will have been here for 6 months "visiting" and would be asking to return for another 6 months of visiting again right away I could see why that might seem suspicious..

You do NOT want to go this route - if you apply inland when you don't have legal temporary status you set yourself up for a wait in excess of a couple of years to finally get permanent status AND you're stuck in Canada that entire time without the ability to work, etc. Also, I agree completely with Halifax-Maple - don't apply to extend your stay from within Canada unless you are an eligible PR applicant (i.e. Married). They will either outright deny the application and tell you to leave, or they'll tell you to go to the border to extend your status and that will get you refused re-entry.

We were in the same situation due to my husband/sponsor's divorce being held hostage by a vindictive ex . . . not because she wanted him (she walked out on him and the kids and moved in with someone else years before we even met) but because she just couldn't stand for him to be happy and didn't want me in the house with her kids. We lived together for long enough to qualify as common-law partners, but then the extension thing came into play for us and we went to the border for it, and I ended up getting refused re-entry and warned from trying to come back (or I'd be banned) until we could prove we married. The IO said my husband was not an eligible sponsor because he wasn't divorced - not true, but that's all it took.

Having done it, I have to say that staying in Canada for all that time - legally or not but still just as a "visitor" even after we married - has been VERY trying . . . but the alternative - being apart - would have been much worse. So I totally understand your not wanting to go - but it'll be rough, especially knowing you're not "legal". You have to stay under the radar - be sure you apply "outland", once you're eligible to apply - and hope for the best. They can't deny you permanent status just because you're in Canada without valid temporary status - in fact, with an outland application, that isn't even a factor.

Whose divorce is it? When will you have co-habitated for a year and be common-law partners? It might be better to get an application in process as common-law partners - if that will happen before you can finally marry - and get things started. That way, you can leave Canada once you're an eligible PR applicant and have him accompany you back to Canada and get you valid temporary status because of your relationship with him. Then, if your PR isn't approved by the time you expect to marry, you just change the classification to spousal (just notify CIC with a letter and a copy of your marriage certificate) and things go along as normal until the ap is finalized.