Around the flagpole?

Old Apr 21st 2010, 12:01 pm
  #1  
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Default Around the flagpole?

Here is the situation...I am Canadian and have sponsored my partner as a common law spouse under the family designation. The PR application went in June 2010 and there have been letters back and forth requesting further information on certain details (TBD at a later date!).

Anyway, as my spouse's visitor visa was only good until December, we filled out a visitor extension request and were about to send it in (meeting the 30 day minimum rqmt). I called the CIC 1-800 number to ask a question about the form and was told that what we really should have filled out was a request for an open work permit and that way when the PR file when through, it would be faster for the work permit to go through. What I wasn't told, however, was that it had to go in the same envelope in June. When they processed the extension application it was refused (because it was the wrong application, we should have sent the one we filled out in the first place) and he was told that he was now here illegally and he has to leave immediately. Because it took almost 6 months to process, he can no longer apply for restoration of status and he is now almost 5 months past the expiry of his stamp in his passport.

After a trip to an immigration office today we were told to go across to the States and come back through and request to go through Canada immigration (around the pole?). My question is, because he is so far past the expiry date in his passport is he more likely to be refused re entry into Canada? Has anyone done this before with an expired stamp? Is this around the pole business a common practice? Are we going to have a harder time now getting him admitted in the future? We really want to do everything by the book but we are a bit worried about him getting stuck across the border. Any advice would be very much appreciated!
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Old Apr 21st 2010, 7:23 pm
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Default Re: Around the flagpole?

Originally Posted by nclyyz
Here is the situation...I am Canadian and have sponsored my partner as a common law spouse under the family designation. The PR application went in June 2010 and there have been letters back and forth requesting further information on certain details (TBD at a later date!).

Anyway, as my spouse's visitor visa was only good until December, we filled out a visitor extension request and were about to send it in (meeting the 30 day minimum rqmt). I called the CIC 1-800 number to ask a question about the form and was told that what we really should have filled out was a request for an open work permit and that way when the PR file when through, it would be faster for the work permit to go through. What I wasn't told, however, was that it had to go in the same envelope in June. When they processed the extension application it was refused (because it was the wrong application, we should have sent the one we filled out in the first place) and he was told that he was now here illegally and he has to leave immediately. Because it took almost 6 months to process, he can no longer apply for restoration of status and he is now almost 5 months past the expiry of his stamp in his passport.

After a trip to an immigration office today we were told to go across to the States and come back through and request to go through Canada immigration (around the pole?). My question is, because he is so far past the expiry date in his passport is he more likely to be refused re entry into Canada? Has anyone done this before with an expired stamp? Is this around the pole business a common practice? Are we going to have a harder time now getting him admitted in the future? We really want to do everything by the book but we are a bit worried about him getting stuck across the border. Any advice would be very much appreciated!

I am bouncing this so people can hopefully answer when they wake in Canada, might not look urgent by the title, hope you get sorted sounds pretty serious you need JAJ or PMM to answer this i think ?
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Old Apr 21st 2010, 11:31 pm
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Default Re: Around the flagpole? Urgent!

Thanks so much! I found this site by fluke and really wish I had found it months ago! There is a lot of good information here and everyone is so helpful! Thank you to all who have contributed info.
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Old Apr 23rd 2010, 1:33 pm
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Default Re: Around the flagpole?

I recommend a consultation with a good immigration lawyer.
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