Looking for some advice spousal PR sponsorship
Jun 24th 2011, 6:20 pm
#1
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Looking for some advice spousal PR sponsorship
Hello all 
A little background before I bombard you all with questions... I met my wife online in late 2008. She came to Canada from the UK to visit in June of 2009. We fell even more in love (if that's possible) and decided to get married right away. We were married in August of 2009. Due to financial problems which are a result of my only working part time in retail and her not being able to work we have not been able to file for her PR until now. Shortly after we were married I had called the CIRC hotline to ask about her status. They told me that since we were married she could legally stay with me without applying for PR as long as she wasn't working. We accepted that answer and never thought twice about it.
My question now is that I have spent the past week reading a number of forums on Canadian immigration and have managed to get myself confused and extremely worried as I am reading that we can not do an outland application from inside Canada if she's out of status.... but I'm not sure if she is out of status or if this is true. Now that we finally have the funds saved up to do the PR we would like to do it as quickly as possible(it would be nice to finally have a second income), which from what I've read is outland sponsorship through London.
Thanks in advance to anyone who has any advice... I used to think I was fairly intelligent..... that was before I started trying to understand immigration
A little background before I bombard you all with questions... I met my wife online in late 2008. She came to Canada from the UK to visit in June of 2009. We fell even more in love (if that's possible) and decided to get married right away. We were married in August of 2009. Due to financial problems which are a result of my only working part time in retail and her not being able to work we have not been able to file for her PR until now. Shortly after we were married I had called the CIRC hotline to ask about her status. They told me that since we were married she could legally stay with me without applying for PR as long as she wasn't working. We accepted that answer and never thought twice about it.
My question now is that I have spent the past week reading a number of forums on Canadian immigration and have managed to get myself confused and extremely worried as I am reading that we can not do an outland application from inside Canada if she's out of status.... but I'm not sure if she is out of status or if this is true. Now that we finally have the funds saved up to do the PR we would like to do it as quickly as possible(it would be nice to finally have a second income), which from what I've read is outland sponsorship through London.
Thanks in advance to anyone who has any advice... I used to think I was fairly intelligent..... that was before I started trying to understand immigration
Jun 24th 2011, 7:37 pm
#2
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Re: Looking for some advice spousal PR sponsorship
you have heard half the answer about your wife staying with you. She would still be a temporary resident and would always require to keep her immigration status valid. It seems you did not understand that requirement. Anyway, you are able to sponsor her as an inland applicant in spite of her out of status situation so I suggest you get on with it.
Jun 24th 2011, 8:04 pm
#3
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Re: Looking for some advice spousal PR sponsorship
you have heard half the answer about your wife staying with you. She would still be a temporary resident and would always require to keep her immigration status valid. It seems you did not understand that requirement. Anyway, you are able to sponsor her as an inland applicant in spite of her out of status situation so I suggest you get on with it.
So I would be right in assuming then that we would not qualify to do an outland application? What if we left the country and came back in? Would problems arise from that seeing as she's overstayed her visiting period?
Jun 24th 2011, 8:09 pm
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Re: Looking for some advice spousal PR sponsorship
You mention that your wife entered Canada 2 years ago, but has she been there all this time and illegal for the past 18 months? Or has she left and returned and it's less than that?
Not sure if leaving would cause more problems, or if it would be better to stay - although presumably CIC will then look in to her background anyway, so either way it may not be good.
Can you maybe speak with an immigration lawyer to see which the best way to go would be?
Jun 24th 2011, 8:17 pm
#5
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Re: Looking for some advice spousal PR sponsorship
Hi, and welcome to the forum.
You mention that your wife entered Canada 2 years ago, but has she been there all this time and illegal for the past 18 months? Or has she left and returned and it's less than that?
Not sure if leaving would cause more problems, or if it would be better to stay - although presumably CIC will then look in to her background anyway, so either way it may not be good.
Can you maybe speak with an immigration lawyer to see which the best way to go would be?
You mention that your wife entered Canada 2 years ago, but has she been there all this time and illegal for the past 18 months? Or has she left and returned and it's less than that?
Not sure if leaving would cause more problems, or if it would be better to stay - although presumably CIC will then look in to her background anyway, so either way it may not be good.
Can you maybe speak with an immigration lawyer to see which the best way to go would be?
She entered Canada on June 5th, 2009 and has not left at all since that date.
That's what I am worried about... if CIC look into it (which I am assuming they will) then they would see that she overstayed and I am not sure if they will overlook that or not.
I don't know about an immigration lawyer. We definitely do not have have the funds to hire one but maybe a consultation is possible.
Jun 24th 2011, 8:23 pm
#6
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Re: Looking for some advice spousal PR sponsorship
I've no idea if it will be a problem or not (Jim or PMM may well know and be able to advise), but just thought if you could talk to a lawyer about your options, it may affect your decision.
It may be that your wife can leave Canada, return with no problems, and you could do an outland application, thereby getting her PR within a few months. But they may advise that it is better to stay in Canada and apply for PR asap with an inland application (taking a year or more though) rather than risk her leaving.
A consult shouldn't cost you more than a couple of hundred of dollars, but it could save you money in the long run.
Good luck.
It may be that your wife can leave Canada, return with no problems, and you could do an outland application, thereby getting her PR within a few months. But they may advise that it is better to stay in Canada and apply for PR asap with an inland application (taking a year or more though) rather than risk her leaving.
A consult shouldn't cost you more than a couple of hundred of dollars, but it could save you money in the long run.
Good luck.
Jun 24th 2011, 8:31 pm
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Re: Looking for some advice spousal PR sponsorship
I've no idea if it will be a problem or not (Jim or PMM may well know and be able to advise), but just thought if you could talk to a lawyer about your options, it may affect your decision.
It may be that your wife can leave Canada, return with no problems, and you could do an outland application, thereby getting her PR within a few months. But they may advise that it is better to stay in Canada and apply for PR asap with an inland application (taking a year or more though) rather than risk her leaving.
A consult shouldn't cost you more than a couple of hundred of dollars, but it could save you money in the long run.
Good luck.
It may be that your wife can leave Canada, return with no problems, and you could do an outland application, thereby getting her PR within a few months. But they may advise that it is better to stay in Canada and apply for PR asap with an inland application (taking a year or more though) rather than risk her leaving.
A consult shouldn't cost you more than a couple of hundred of dollars, but it could save you money in the long run.
Good luck.
Jun 24th 2011, 8:37 pm
#8
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Re: Looking for some advice spousal PR sponsorship
Haven't been able to help much I'm afraid, but as I hate not knowing the answer to things and as this isn't a situation I've come across before, I've just had a quick look at the operating manual.
Section 5.27 of it may help a bit? http://www.cic.gc.ca/english/resourc...p/ip08-eng.pdf
Section 5.27 of it may help a bit? http://www.cic.gc.ca/english/resourc...p/ip08-eng.pdf
Jun 24th 2011, 9:17 pm
#9
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Re: Looking for some advice spousal PR sponsorship
Haven't been able to help much I'm afraid, but as I hate not knowing the answer to things and as this isn't a situation I've come across before, I've just had a quick look at the operating manual.
Section 5.27 of it may help a bit? http://www.cic.gc.ca/english/resourc...p/ip08-eng.pdf
Section 5.27 of it may help a bit? http://www.cic.gc.ca/english/resourc...p/ip08-eng.pdf
Jun 24th 2011, 9:49 pm
#10
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Re: Looking for some advice spousal PR sponsorship
Ok - this is worrying me a little bit - my husband is currently out of status due to his application for extending his visa denied...we have applied for restoration(we were within the 90 days) but they wont be processing it for a bit as we mailed the application in to prevent any errors...
Would this affect my hubby's outland application???
Would this affect my hubby's outland application???
Jun 24th 2011, 11:44 pm
#11
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Re: Looking for some advice spousal PR sponsorship
I was intereste to read what was in that and did find this. Not sure if it helps in answering any of your questions.
Ed
The current Regulations require that to be eligible for the spouse or common-law partner in Canada class, the applicant have temporary legal status in Canada. However, under the spousal policy, persons who are otherwise eligible for consideration under this class (and who are not
inadmissible for reasons other than “lack of status”) including those who have applied for consideration on H&C grounds and submitted a sponsorship, may have this requirement waived.
This does not mean however that there is no longer any requirement to have legal status in Canada. Persons who wish to study or work in Canada must still seek to obtain and
maintain the required permits. Applicants who do not have legal status in Canada may beremoved from Canada at any time.
Other than for lack of status, applicants must not be in any other violation of the Act orRegulations or be subject to a removal order.
Ed
The current Regulations require that to be eligible for the spouse or common-law partner in Canada class, the applicant have temporary legal status in Canada. However, under the spousal policy, persons who are otherwise eligible for consideration under this class (and who are not
inadmissible for reasons other than “lack of status”) including those who have applied for consideration on H&C grounds and submitted a sponsorship, may have this requirement waived.
This does not mean however that there is no longer any requirement to have legal status in Canada. Persons who wish to study or work in Canada must still seek to obtain and
maintain the required permits. Applicants who do not have legal status in Canada may beremoved from Canada at any time.
Other than for lack of status, applicants must not be in any other violation of the Act orRegulations or be subject to a removal order.
Jun 26th 2011, 7:25 am
#12
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Joined: Jun 2011
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Re: Looking for some advice spousal PR sponsorship
I was intereste to read what was in that and did find this. Not sure if it helps in answering any of your questions.
Ed
The current Regulations require that to be eligible for the spouse or common-law partner in Canada class, the applicant have temporary legal status in Canada. However, under the spousal policy, persons who are otherwise eligible for consideration under this class (and who are not
inadmissible for reasons other than “lack of status”) including those who have applied for consideration on H&C grounds and submitted a sponsorship, may have this requirement waived.
This does not mean however that there is no longer any requirement to have legal status in Canada. Persons who wish to study or work in Canada must still seek to obtain and
maintain the required permits. Applicants who do not have legal status in Canada may beremoved from Canada at any time.
Other than for lack of status, applicants must not be in any other violation of the Act orRegulations or be subject to a removal order.
Ed
The current Regulations require that to be eligible for the spouse or common-law partner in Canada class, the applicant have temporary legal status in Canada. However, under the spousal policy, persons who are otherwise eligible for consideration under this class (and who are not
inadmissible for reasons other than “lack of status”) including those who have applied for consideration on H&C grounds and submitted a sponsorship, may have this requirement waived.
This does not mean however that there is no longer any requirement to have legal status in Canada. Persons who wish to study or work in Canada must still seek to obtain and
maintain the required permits. Applicants who do not have legal status in Canada may beremoved from Canada at any time.
Other than for lack of status, applicants must not be in any other violation of the Act orRegulations or be subject to a removal order.
Jun 26th 2011, 8:43 pm
#13
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Re: Looking for some advice spousal PR sponsorship
As per Jim's post, you cannot apply outland unless your spouse has valid status. As she does not, your only choice is an inland application.
