we need help.... please we are running out of time

[rodewa]

i am a canadian citizen and applied for my wife to stay here with an inland application.

we applied for her visa restoration and inland application 1 month after our marriage, and 1 month after her visa expired (she is from poland and can come in and out of canada freely because of EU agreements).

it has been eight months, and her visa extension has just been denied and she has been given 30 days to leave canada.

her inland application is NOT at the AIP stage yet, but in process.

we saw a laywer (supposedly the best in canada) and she told us to ignor the letter, stay here.... and gamble with the fact she may or may not be arrested and deported after DEC 15th....

1.) if she is arrested...we will have to pay bail, and she will have a mark on here immigration record?

2.) can they still deport her while here inland application is in process?


we have very limited funds, and we are using all our money (potentially on the lawyer) or
we are considering leaving canada, and reapplying with an outland application while i come back to canada and support my wife from here?

we need any advice we can get... we dont want to make things worse... but seeing our financial position we have to make our best decision right away

thank you kindly in advance

 

[matthewc]

Well, you went about it the wrong way. What you should have done was put the restoration application together, in the same envelope as the inland PR application, and also ticked the box for "initial work permit"... that way they would have waited to process the restoration until AIP.

In the current situation, I agree with the lawyer. Being out of status only because of overstaying her visa shouldn't affect the inland PR application, if everything else is OK. Unless they actually issue a removal order, your best bet is for her to stay in Canada without status and wait for AIP. At that point she can get a work permit, and while she will still be out of status, they won't try to deport her.

1. It's unlikely she'll be arrested simply for being out of status. If she is arrested for any other reason, then it's quite likely the lack of immigration status will cause problems. Stay out of trouble.

2. Technically they can deport her while her inland app is in process since she's out of status. However, there is a public policy allowing inland applications from out of status applicants, so unless there is another reason to deport her it's more likely they would not do so until the PR application had been decided on.

I don't think paying lots of money to a lawyer is going to help you at the moment. You just need to sit tight and hope AIP comes soon.

 

[rodewa]

she already has a letter asking her to leave based on her restoration application

but not her inland application... that is our problem at the moment, and we have until the 15 to comply

 

[angelbrat]

Its very unusual to be denied an extension whilst an Inland application is in process. Did they give a reason why?

Yes, technically you do not need a status when an Inland application is in process but this does not mean that CIC cannot knock on your door and deport you. The explanation in the guideline does strongly suggest that your status is legal.

I have no experience of this at all but I am sure there are some on this forum that can offer first hand experience. Wait a few days to see what reply's you get before making any serious decision.

 

[rodewa]

the reason was IRPA 20b, they dont believe she will leave when asked to do so??? very wierd!

Thanks for the replies so far

 

[kelKel]

Very strange to be denied. In the extension application did you tell them you had submitted an Pr application with receipt of payment and proof of financial support?

 

[rodewa]

yes, we gave them everything...... we cant afford a lawyer and bail and tickets... if we need them.

No one has ever heard of a situation like this before

 

[kelKel]

Yes I've never heard of anyone getting denied before having an application in process. I w
I agree that I'm not sure getting a lawyer involved would help. You could just ignore it and hope for the best or withdraw and have your wife go home for a bit file an Outland application.