Out of Status Spouse

[PoisonErin]

Hello! I was hoping someone might be able to give me advice or insight on the course of action that needs to be taken (because I have no idea what I'm doing!)

I am a Canadian citizen (27) and my fiance is Scottish (25). We have been together 5 years and living together for 3 years in Canada. However, he is currently out of status or at least we're pretty sure he is. He was here on a student visa when we met and started dating and he finished school in 2013. He never left and we moved in together at the end of 2014. I know it wasn't a smart route and its a very precarious situation but it's what we did and we want to figure out how to get out of it.

We hope to marry soon and obtain PR for him so he can work and we can live together in Canada. So how would we move forward from here?

We thought we would get married and then I can sponsor him as my husband instead of going common law because our lease and everything is in my name. Does he need to leave ASAP and then can he perhaps obtain a visitor status to come back? Can I sponsor him while he just stays with me here or will he need to leave for certain? When filling out forms would I reveal that we have been living together for 3 years while he is out of status? And would we need to go with outland or inland?

I just find it all so confusing and any help at all would be very appreciated!

 

[WeegieInOttawa]

Hello! I was hoping someone might be able to give me advice or insight on the course of action that needs to be taken (because I have no idea what I'm doing!)

I am a Canadian citizen (27) and my fiance is Scottish (25). We have been together 5 years and living together for 3 years in Canada. However, he is currently out of status or at least we're pretty sure he is. He was here on a student visa when we met and started dating and he finished school in 2013. He never left and we moved in together at the end of 2014. I know it wasn't a smart route and its a very precarious situation but it's what we did and we want to figure out how to get out of it.

We hope to marry soon and obtain PR for him so he can work and we can live together in Canada. So how would we move forward from here?

We thought we would get married and then I can sponsor him as my husband instead of going common law because our lease and everything is in my name. Does he need to leave ASAP and then can he perhaps obtain a visitor status to come back? Can I sponsor him while he just stays with me here or will he need to leave for certain? When filling out forms would I reveal that we have been living together for 3 years while he is out of status? And would we need to go with outland or inland?

I just find it all so confusing and any help at all would be very appreciated!

Welcome! Immigration sure is a difficult and stressful thing to deal with but I couldn't have done it without this forum. It's an invaluable help tool!

I am out of status (and Scottish..coincidence only hahahaha!) and have submitted a pr application. Outland. I am in Canada.

Circumstances very different to yours and I have applied for a restoration of status but if he has been out of status for 3 years restoration of status isn't an option to him.

When you say you are "sure" he is out of status; when his study permit ran out in 2014..he didnt apply for visitor status? What has been doing since 2014? Presumably not working or studying?

I'm not going to tell you what you already know but that is not a great situation to have gotten into, if that is the case. Good news is that all isn't lost and while its a hurdle it's not impossible to overcome.

I'm guessing he hasn't left Canada since 2014?

 

[WeegieInOttawa]

You can read a thread that i started a few months back here. A lot of info on different options and routes available to OOS applicants.. Saves me rewriting all that info for you!

https://www.canadavisa.com/canada-immigration-discussion-board/threads/visitor-extension-refused-what-to-do-now.517483/

 

[PoisonErin]

Welcome! Immigration sure is a difficult and stressful thing to deal with but I couldn't have done it without this forum. It's an invaluable help tool!

I am out of status (and Scottish..coincidence only hahahaha!) and have submitted a pr application. Outland. I am in Canada.

Circumstances very different to yours and I have applied for a restoration of status but if he has been out of status for 3 years restoration of status isn't an option to him.

When you say you are "sure" he is out of status; when his study permit ran out in 2014..he didnt apply for visitor status? What has been doing since 2014? Presumably not working or studying?

I'm not going to tell you what you already know but that is not a great situation to have gotten into, if that is the case. Good news is that all isn't lost and while its a hurdle it's not impossible to overcome.

I'm guessing he hasn't left Canada since 2014?

Thank you so much WeegieInOttawa. Oddly enough, we are also in Ottawa! haha. Yes, we know it isn't a good situation and no he didn't get a visitor Visa at the time when he should have. I have been working full time and have been mostly supporting him but it is certainly an unsustainable situation and not one we want to stay in.

And no, he hasn't left Canada in this time. I remember at one point a few years ago I had read that your spouse didn't need to have legal status to sponsor them, but then later on things changed and it said they must have legal status to apply. Maybe I read something completely wrong.

I understand he probably needs to go back for a time. But am unsure of how long. And when applying for sponsorship and PR and all that, if any of this information would be used against us.

 

[WeegieInOttawa]

Thank you so much WeegieInOttawa. Oddly enough, we are also in Ottawa! haha. Yes, we know it isn't a good situation and no he didn't get a visitor Visa at the time when he should have. I have been working full time and have been mostly supporting him but it is certainly an unsustainable situation and not one we want to stay in.

And no, he hasn't left Canada in this time. I remember at one point a few years ago I had read that your spouse didn't need to have legal status to sponsor them, but then later on things changed and it said they must have legal status to apply. Maybe I read something completely wrong.

I understand he probably needs to go back for a time. But am unsure of how long. And when applying for sponsorship and PR and all that, if any of this information would be used against us.

Hmmm. I understand your situation more than you know.

Not sure if you read through my thread that I linked to.. There is a lot of info there and I don't have all the answers for you because I am not 100% sure the ins and outs of it...it was something I never wanted to have to deal with. I just know what I had to do for my OOS situation and have picked up a few smarts along the way.

He cannot apply for a restoration of status, so that is out.

He doesn't HAVE to leave at some point. He can wait it out here "illegally" which is obviously 100% not advised but again the "illegal" situation you are in now isn't advised either. Outland means that if he applied and then had to leave the country, he wouldn't be guaranteed re-entry, but this is the case for anyone, not only OOS applicants. I don't know if his chances of re-entry would be slimmer because he did stay here illegally. But with outland, if he was refused re-entry he could just wait it out in Scotland, while his application is processed.

With inland if he applied, left the country (which is advised against on any inland application) and then tried to gain re-entry and was refused, his submitted PR application would be considered abandoned. Because a requirement of inland processing is that you MUST be in Canada living with your spouse/CL partner for the duration of the application.

There is some weird loophole, discussed on pages 3/4/5 of that linked thread where an OOS applicant can apply inland and then when they get their AIP (approval in principal) they can then submit an OWP application. They will remain OOS but can be granted a OWP if their inland app is in process. Take this info with a pinch of salt...I think that right. Feel free to comment on my old thread quoting some of the folks discussing it (@canuck_in_uk, @Oldmacwright, @screech339 - they will chime in there and help).

While being OOS is nerve wracking and worrysome, it doesn't mean that you guys cant successfully get a PR application in and accepted.

When do you feel you could be ready to submit?

 

[Oldmacwright]

We are pretty much in your situation (apart from being married now). Initially she was my fiance here as a visitor being supported 100% by me (still is), we extended visitor stay by 6 months several times before eventually getting married in Canada.

We then started to put together an application for spousal sponsorship then I got sick not long after we got married in 2014 and was out of a job for a while 9 months or so, money was very very tight and the whole application got put on the back burner a bit (stupid in hindsight), we still managed to extend her stay by a couple more times citing we were getting ready to put in the application, eventually I got back to work again and by then we basically had to start the whole filling out the application stuff again which is daunting when you are trying to do it all by yourselfs (wish I was on this site about 4 years ago!), around the same time her visitor extensions were refused (we always tried to maintain her status but I guess they got pissed off we were taking too long with the sponsorship app and didnt seem serious and we all know a "visitor" is meant to leave).

So then we were in a bigger panic, wife had no status, we didn't want to be apart and didn't think we could put in the spousal application now, and even after reading it up it is still possible you worry about how you are basically outing the overstay fact and what may happen so you do nothing for a while, just live in fear! But eventually you realise enough is enough and you can't go on the rest of your lives like this, it's not good is it?

Finally in August this year after reading dozens of posts on this site from people going/gone through similar situations we got the spousal application in (which was at least the 3rd or 4th time to have filled out all the forms lol) , got the AOR in October, which is about where we are at now waiting like everyone else. Of course we are still worried as she still has no status and could still be removed (though everyone says is much less likely with the inland app in), but a big weight has been lifted for sure (once we got the AOR!), every day/week/month is a step closer knowing she should be a PR by next August.

Well that's our story, pretty simular to yours, good luck!

 

[WeegieInOttawa]

We are pretty much in your situation (apart from being married now). Initially she was my fiance here as a visitor being supported 100% by me (still is), we extended visitor stay by 6 months several times before eventually getting married in Canada.

We then started to put together an application for spousal sponsorship then I got sick not long after we got married in 2014 and was out of a job for a while 9 months or so, money was very very tight and the whole application got put on the back burner a bit (stupid in hindsight), we still managed to extend her stay by a couple more times citing we were getting ready to put in the application, eventually I got back to work again and by then we basically had to start the whole filling out the application stuff again which is daunting when you are trying to do it all by yourselfs (wish I was on this site about 4 years ago!), around the same time her visitor extensions were refused (we always tried to maintain her status but I guess they got pissed off we were taking too long with the sponsorship app and didnt seem serious and we all know a "visitor" is meant to leave).

So then we were in a bigger panic, wife had no status, we didn't want to be apart and didn't think we could put in the spousal application now, and even after reading it up it is still possible you worry about how you are basically outing the overstay fact and what may happen so you do nothing for a while, just live in fear! But eventually you realise enough is enough and you can't go on the rest of your lives like this, it's not good is it?

Finally in August this year after reading dozens of posts on this site from people going/gone through similar situations we got the spousal application in (which was at least the 3rd or 4th time to have filled out all the forms lol) , got the AOR in October, which is about where we are at now waiting like everyone else. Of course we are still worried as she still has no status and could still be removed (though everyone says is much less likely with the inland app in), but a big weight has been lifted for sure (once we got the AOR!), every day/week/month is a step closer knowing she should be a PR by next August.

Well that's our story, pretty simular to yours, good luck!

Thanks for sharing oldmacwright...

We all get ourselves get into silly situations that looking at things now we think "why did we let it get to this" but we did and have no choice but to bail or wait it out. My partner and I often wish we could just go back a few years and give ourselves a kick up the ass, because then we wouldnt be in the difficult position we are in now of him supporting me and me generally being very down about the state of my life (dramatic but true).

Similar story to us in that we got the forms ready 2 or 3 times and they never went anywhere. Personal problems and issues meant we kept putting it off and then the doodoo hit the fan when my visitor status was refused extension, for what was probably a similar reason to yours; they thought i was just slapping my gums together and never going to apply. At that point we were genuinely ready but we were waiting on an NOA. The refusal gave us the kick up the butt we needed and we got the application submitted within weeks of that. Being OOS while the application was being processed was something i never thought id have to deal, and knew nothing about until it happened, and only managed to hopefully rectify it with the help of people on here. It adds a new twist and another level of worry, but we have no choice but to just wait it out.

I know there is a lesson or two in everything we have all been through and i genuinely look forward to seeing success stories here on the forum of people whose circumstances you know and empathize (and everyone else too of course).

 

[Oldmacwright]

Thanks for sharing oldmacwright...

We all get ourselves get into silly situations that looking at things now we think "why did we let it get to this" but we did and have no choice but to bail or wait it out. My partner and I often wish we could just go back a few years and give ourselves a kick up the ass, because then we wouldnt be in the difficult position we are in now of him supporting me and me generally being very down about the state of my life (dramatic but true).

Similar story to us in that we got the forms ready 2 or 3 times and they never went anywhere. Personal problems and issues meant we kept putting it off and then the doodoo hit the fan when my visitor status was refused extension, for what was probably a similar reason to yours; they thought i was just slapping my gums together and never going to apply. At that point we were genuinely ready but we were waiting on an NOA. The refusal gave us the kick up the butt we needed and we got the application submitted within weeks of that. Being OOS while the application was being processed was something i never thought id have to deal, and knew nothing about until it happened, and only managed to hopefully rectify it with the help of people on here. It adds a new twist and another level of worry, but we have no choice but to just wait it out.

I know there is a lesson or two in everything we have all been through and i genuinely look forward to seeing success stories here on the forum of people whose circumstances you know and empathize (and everyone else too of course).

For sure life is full of bad decisions in hindsight! The immigration process is quite daunting working on the app by yourselves, but of course we know now it really isn't a big deal for genuine couples from visa exempt countries so no one should procrastinate for too long like we did . My wife should have been here as a PR at least a year ago (even under the longer 29 month wait for inland, I guess even sooner had we gone outland in 2014) without any kind of OOS worries/issues. But it is what it is and we can't change the past now, just make sure we do things right now.

I'm sure you will get your restoration approved now your PR app is in progress, that will be a big worry off your mind!

 

[Catems]

Hello! I was hoping someone might be able to give me advice or insight on the course of action that needs to be taken (because I have no idea what I'm doing!)

I am a Canadian citizen (27) and my fiance is Scottish (25). We have been together 5 years and living together for 3 years in Canada. However, he is currently out of status or at least we're pretty sure he is. He was here on a student visa when we met and started dating and he finished school in 2013. He never left and we moved in together at the end of 2014. I know it wasn't a smart route and its a very precarious situation but it's what we did and we want to figure out how to get out of it.

We hope to marry soon and obtain PR for him so he can work and we can live together in Canada. So how would we move forward from here?

We thought we would get married and then I can sponsor him as my husband instead of going common law because our lease and everything is in my name. Does he need to leave ASAP and then can he perhaps obtain a visitor status to come back? Can I sponsor him while he just stays with me here or will he need to leave for certain? When filling out forms would I reveal that we have been living together for 3 years while he is out of status? And would we need to go with outland or inland?

I just find it all so confusing and any help at all would be very appreciated!

Hi how is your status?

 

[frostbitten]

We are pretty much in your situation (apart from being married now). Initially she was my fiance here as a visitor being supported 100% by me (still is), we extended visitor stay by 6 months several times before eventually getting married in Canada.

We then started to put together an application for spousal sponsorship then I got sick not long after we got married in 2014 and was out of a job for a while 9 months or so, money was very very tight and the whole application got put on the back burner a bit (stupid in hindsight), we still managed to extend her stay by a couple more times citing we were getting ready to put in the application, eventually I got back to work again and by then we basically had to start the whole filling out the application stuff again which is daunting when you are trying to do it all by yourselfs (wish I was on this site about 4 years ago!), around the same time her visitor extensions were refused (we always tried to maintain her status but I guess they got pissed off we were taking too long with the sponsorship app and didnt seem serious and we all know a "visitor" is meant to leave).

So then we were in a bigger panic, wife had no status, we didn't want to be apart and didn't think we could put in the spousal application now, and even after reading it up it is still possible you worry about how you are basically outing the overstay fact and what may happen so you do nothing for a while, just live in fear! But eventually you realise enough is enough and you can't go on the rest of your lives like this, it's not good is it?

Finally in August this year after reading dozens of posts on this site from people going/gone through similar situations we got the spousal application in (which was at least the 3rd or 4th time to have filled out all the forms lol) , got the AOR in October, which is about where we are at now waiting like everyone else. Of course we are still worried as she still has no status and could still be removed (though everyone says is much less likely with the inland app in), but a big weight has been lifted for sure (once we got the AOR!), every day/week/month is a step closer knowing she should be a PR by next August.

Well that's our story, pretty simular to yours, good luck!

The situation you described is pretty much what I'm going through at the moment. I've been here since the end 2016 and I had extended my my stay 4 times. At first we were going to apply under common-law but then we decided to get married since we had been engaged since 2015 so we ended up getting married in 2017. At first we thought that we had to wait 1 year after the marriage to apply then we found out that we didn't have to wait that long. We started filling up the forms several times but since I have never worked here and my husband is the one supporting me we had to save money to apply. My passport expired in September last year and I wasn't able to get a new one until November due to some issues with the government (I hadn't voted for the last 3 elections and voting is mandatory in my home country). As last year was the presidential election and the whole system was in recess from May to November and it wasn't processing any new applications until then. By the time I was able to get a new passport I was out of status but still within the 90 days required for restoration. I applied for restoration and was expecting a new visitor visa. But I got refused on January 5th and I have been officially out of status for about a month now. We are trying to submit our application ASAP and I'm scared I'm gonna be sent back home but so far everything I've read says that it's a very small possibility. I would like to know if it has worked out for you and If you got your police clearance certificate before or after being out of status. I'm so scared of going to the police and being arrested. Please, any information would be very helpful.

 

[Catems]

The situation you described is pretty much what I'm going through at the moment. I've been here since the end 2016 and I had extended my my stay 4 times. At first we were going to apply under common-law but then we decided to get married since we had been engaged since 2015 so we ended up getting married in 2017. At first we thought that we had to wait 1 year after the marriage to apply then we found out that we didn't have to wait that long. We started filling up the forms several times but since I have never worked here and my husband is the one supporting me we had to save money to apply. Now I got refused for my latest stay extension attempt and I've been refused on January 5th and I have been out of status for about a month now. We are trying to submit our application ASAP and I'm scared I'm gonna be sent back home but so far everything I've read says that it's a very small possibility. I would like to know if it has worked out for you and If you got your police clearance certificate before or after being out of status. I'm so scared of going to the police and being arrested. Please, any information would be very helpful.

I know how you fee. I’m
Out of status too since July 2018 I got resfuesdc for my restoration.

August 2 I applied pr
They process my application on 21 st of feb 2019.

I don’t know what gonna happen next...

 

[Catems]

The situation you described is pretty much what I'm going through at the moment. I've been here since the end 2016 and I had extended my my stay 4 times. At first we were going to apply under common-law but then we decided to get married since we had been engaged since 2015 so we ended up getting married in 2017. At first we thought that we had to wait 1 year after the marriage to apply then we found out that we didn't have to wait that long. We started filling up the forms several times but since I have never worked here and my husband is the one supporting me we had to save money to apply. Now I got refused for my latest stay extension attempt and I've been refused on January 5th and I have been out of status for about a month now. We are trying to submit our application ASAP and I'm scared I'm gonna be sent back home but so far everything I've read says that it's a very small possibility. I would like to know if it has worked out for you and If you got your police clearance certificate before or after being out of status. I'm so scared of going to the police and being arrested. Please, any information would be very helpful.

Try apply trv.

 

[canuck_in_uk]

The situation you described is pretty much what I'm going through at the moment. I've been here since the end 2016 and I had extended my my stay 4 times. At first we were going to apply under common-law but then we decided to get married since we had been engaged since 2015 so we ended up getting married in 2017. At first we thought that we had to wait 1 year after the marriage to apply then we found out that we didn't have to wait that long. We started filling up the forms several times but since I have never worked here and my husband is the one supporting me we had to save money to apply. Now I got refused for my latest stay extension attempt and I've been refused on January 5th and I have been out of status for about a month now. We are trying to submit our application ASAP and I'm scared I'm gonna be sent back home but so far everything I've read says that it's a very small possibility. I would like to know if it has worked out for you and If you got your police clearance certificate before or after being out of status. I'm so scared of going to the police and being arrested. Please, any information would be very helpful.

Apply for Restoration ASAP. Include the receipt for the $1040 PR fees and explain you are applying for spousal sponsorship

 

[canuck_in_uk]

Try apply trv.

A TRV is an entry visa. Nothing to do with status in Canada.

 

[Catems]

A TRV is an entry visa. Nothing to do with status in Canada.

Oh sorry.