American visiting here for over 3 years?

[Lansy1961]

Before confronting a very dear friend I need info. Her daughter has a boyfriend here from U.S. Been here over 3 years. Not working but being supported by her. She is awaiting a divorce but she has no money at the moment to pay for that. We are anticipating that won't be dealt with for at least another year. So she is legally married. She is claiming to her mother that they just keep renewing her boyfriends visitors pass every 6 months. There are a few of us who don't believe this is accurate. From what I have read visitors have 180 days here and that they can in "special circumstances renew once" but in the 5th month. Don't know if he has a passport, not required anyway for him to come over land border into Canada. He came in a car which now has lapsed insurance/registration so he can't drive it back over. Has no money to fly and if he did would he not require a passport for that? My friends daughter claims she knows if he goes back over border he won't be allowed back here for a year so they choose for him to just remain here until her divorce goes through. She tells her mother that once they are married then he can just stay here a permanent resident anyway and then apply for a work visa. I know this is ALL CRAP. I would love someone to spell out for me the laws/rules on this and the process that would actually have to be taken for him to remain here and for him to return here if he lands up going back over (but that doesn't seem to be apparent either). She claims they just pay every 6 months for his renewal to stay here on a visitor visa. What kind of trouble/consequences would there be for him if he has NOT done any renewals and has been here over 3 years? When he would have driven over the border would he not have had visitor papers or something stamped saying he had to return at the 180 day mark? Does he not have to go back by now? Does a permanent resident status not have to be applied for in his own country? Can he do that from this end if he's already been here over 3 years (and I suspect with no visitors extension?) How many times is one allowed to extend, what is cost on that? and while they are here are they not supposed to be able to support themselves even if they don't have a visa to work? Have their own funds? I have been doing alot of reading on the border services sight but some of the answers are not very detailed. I need the right info and the detailed info if I am to approach my friend about the truth of the matter. She is the kind of person that wants the facts, once she has them she would have no problem dealing with it daughter or not. The daughter in this does not make alot of money to support both of them so when in need mom gives. This bothers me........been friends with this lady for over 20 years and she is not rich either. It bugs me she may also be on the giving end of supporting someone who I believe is here illegally.....someone with no permanent resident status, no work visa and I am sure someone who cannot just continue to renew a visitors pass for OVER 3 YEARS!
If someone can give me the correct info I would so appreciate it.
Thank you.

 

[steaky]

He certainly can return to US by walking! ;D

 

[scylla]

Once the divorce goes through and she sponsors him, he certainly won't qualify for a work permit immediately.

If they submit an inland (within Canada) application, then he will be able to work once the application has first stage approval. First stage approval is currently taking 11 months to complete for straight-forward applications. Since his application is quite possibly not straight-forward due to the potential overstay, it's quite possible his first stage will take longer than 11 months.

If they submit an outland (outside of Canada) application, then he will be able to work once the application has been approved and he has "landed" in Canada as a permanent resident. I believe this is taking around 10 months for those from the US right now.

 

[Lansy1961]

Thanks for the response. So is there no penalty for his "over stay"? Even when divorce is final and they attempt to marry here doesn't he have to return to USA to file for permanent residency? If they do it from here and its discovered he's been here so long already can or would they remove him to USA and make him do process from there. I thought, in all my reading that there are certain processes that have to be done "outbound"? We are sure he has no passport. Does he not require that to fly home? He can't drive the car anymore, he has to return home to renew insurance/registration, can't be done online or over phone from here. Still trying to find out how many times one can even renew a visitors pass and how much that is.

 

[scylla]

There is no maximum number of times someone can renew their visitor status - that's why you cant find an answer to this question. So yes, it's possible (although unlikely) that someone could renew their visitor status five times. Also, sometimes extensions of greater than six months are granted (several people here have managed to get extensions of 1 year). He would need a passport to extend his status from within Canada. So if you are sure he has no passport then he wouldn't have been able to extend his status in Canada.

He can apply for a US passport from within Canada if he doesn't have one. He will need a passport in order to be sponsored as a spouse. You can find information on how to apply for a US passport from outside of Canada below:

http://travel.state.gov/passport/get/outside/outside_5462.html

Those who are overstays can be successfully sponsored through the spousal sponsorship stream without needing to leave Canada. So yes - it's certainly possible that he could become a permanent resident without having to leave Canada.

If he applies for spousal sponsorship using the "inland" route, there is no part of the process that would require him to leave Canada.

 

[scylla]

Just to add, the fee for extending a visit is $75.

 

[scylla]

Another thought... If they have been living together at the same address for at least one full year, then she can sponsor him as her common law partner. She doesn't have to wait for the divorce to come through.