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Scruffilus

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May 20, 2018
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Hey ya'll, I'm very new to this forum (first time posting) so I apologize if this is placed in the wrong area. I have some concerns regarding my wife's and I's application.

I arrived in Ontario, Canada at the end of Jan 2017 from the USA via car, my passport wasn't stamped at the gate and I have since expired on my visitor status. I had tried to extend it prior to its expiration but I guess I kept going to the wrong place or something because I wasn't able to renew it. A friend here, who also immigrated from another country, said that I didn't need to worry because Canada "won't separate families" and I'm that I'm from the US so they'll be more lenient. For this past year, my wife and I have been saving up for our spousal application since a personal emergency caused us to rush things before we had a good amount of savings. I'll be honest, we're pretty poor and have no car and just got our application money saved.

Obviously we're trying to do everything correctly but circumstances are hard. In the meanwhile we now have tons of pictures and proof of our relationship, I've met all of my wife's family and friends. Unfortunately she hasn't been able to meet as many of my family/friends due to distance. They all live in the south so traveling is super expensive. But I think this will be okay, right? If I just explain things they're generally okay if the spouse hasn't met everyone?

I want to do Inland so I can opt for an open work permit. My wife is a born citizen of Canada.

My questions:

-Do we need to suck it up and budget in a trip across the border so I can get a new visitor status?

-If so would a weekend trip or something be okay? We don't really have anywhere to go in the States at the moment and neither of us drive.

-Again, my passport wasn't stamped at the gate so I'm pretty nervous traveling and having them think I came here illegally. If I do have to go back can I ask for a stamp specifically? Will they think I arrived here illegally?

-Off topic-ish, my wife and I go by names different than our birth names. I'm not sure about her, but I plan to change my name completely when I immigrate. Is it appropriate to place my "nickname" in the "Do you go by any other name?" category? I know this may be self-explanatory but I just want to cover my bases

Thank you for reading!
 
Hey ya'll, I'm very new to this forum (first time posting) so I apologize if this is placed in the wrong area. I have some concerns regarding my wife's and I's application.

I arrived in Ontario, Canada at the end of Jan 2017 from the USA via car, my passport wasn't stamped at the gate and I have since expired on my visitor status. I had tried to extend it prior to its expiration but I guess I kept going to the wrong place or something because I wasn't able to renew it. A friend here, who also immigrated from another country, said that I didn't need to worry because Canada "won't separate families" and I'm that I'm from the US so they'll be more lenient. For this past year, my wife and I have been saving up for our spousal application since a personal emergency caused us to rush things before we had a good amount of savings. I'll be honest, we're pretty poor and have no car and just got our application money saved.

Obviously we're trying to do everything correctly but circumstances are hard. In the meanwhile we now have tons of pictures and proof of our relationship, I've met all of my wife's family and friends. Unfortunately she hasn't been able to meet as many of my family/friends due to distance. They all live in the south so traveling is super expensive. But I think this will be okay, right? If I just explain things they're generally okay if the spouse hasn't met everyone?

I want to do Inland so I can opt for an open work permit. My wife is a born citizen of Canada.

My questions:

-Do we need to suck it up and budget in a trip across the border so I can get a new visitor status?

-If so would a weekend trip or something be okay? We don't really have anywhere to go in the States at the moment and neither of us drive.

-Again, my passport wasn't stamped at the gate so I'm pretty nervous traveling and having them think I came here illegally. If I do have to go back can I ask for a stamp specifically? Will they think I arrived here illegally?

-Off topic-ish, my wife and I go by names different than our birth names. I'm not sure about her, but I plan to change my name completely when I immigrate. Is it appropriate to place my "nickname" in the "Do you go by any other name?" category? I know this may be self-explanatory but I just want to cover my bases

Thank you for reading!

Hi

CBSA/IRCC can and will separate you and being American doesn't grant you any extra privilege.

As you have no status, you will not qualify for the OWP until after AIP, which is near the end of the process anyways.

To answer your questions:

1. As you have been illegally in Canada for nearly a year, leaving would be a bad idea. You would have a high chance of being refused re-entry and possibly issued a one year Exclusion Order.

2. Don't leave.

3. Your entry will be in the system, so they will not think you entered illegally.

4. You need to use the name in your passport in the app. Any other names are listed in the nickname field.
 
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Thanks for the quick reply! Considering your suggestion to not leave, it states that you need a "legal status in Canada" to apply, what do I do now? Should I just continue on with my application? Should we try and get a lawyer involved?
 
Hi

CBSA/IRCC can and will separate you and being American doesn't grant you any extra privilege.

As you have no status, you will not qualify for the OWP until after AIP, which is near the end of the process anyways.

To answer your questions:

1. As you have been illegally in Canada for nearly a year, leaving would be a bad idea. You would have a high chance of being refused re-entry and possibly issued a one year Exclusion Order.

2. Don't leave.

3. Your entry will be in the system, so they will not think you entered illegally.

4. You need to use the name in your passport in the app. Any other names are listed in the nickname field.

I applied for inland sponsorship. My husband is a Belgium citizen.

The dilemma we're facing now is. Unfortunately he fell sick here. And so we have to travel to Belgium for about a month as he got medical appointments there.

My question is: if we go and come back In a month, would this be a problem?

And if we get medical request from Canada during that period. Does it make sense to give medical exam in Belgium? Or we should call CIC to give us more time? What's better?

If CIC comes to know later that we went to Belgium and came back during the process, can they refuse our application?

Thanks
 
Thanks for the quick reply! Considering your suggestion to not leave, it states that you need a "legal status in Canada" to apply, what do I do now? Should I just continue on with my application? Should we try and get a lawyer involved?

You do not need legal status to apply. A lawyer can't do anything for you.
 
Thank you for all your responses. I'll continue with my application and see if I get deported or not. And I will, they sounded so sure of themselves and kept repeating it. But its ultimately my fault for not going the extra mile and checking myself. Thank you again
 
Attention please!

You do not need to hold a valid status in Canada to send your application, but probably once received your application will be refused.

IRCC clearly says that:

Remember that while your spouse or partner’s permanent residence application is being processed, he or she must:

  • Maintain legal status as a visitor, student or worker in Canada.
If you have legally entered in Canada you might have a period of maximum staying (in most cases is 6 month), then before it expires you need to apply for an extension of your visitor visa or to change your status, for an open work permit, for example.

Aditional info. http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1250&top=16

Please guys, if I have said something incorrect, let me know.
Hope it will be useful
André
 
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Attention please!

You do not need to hold a valid status in Canada to send your application, but probably once received your application will be refused.

IRCC clearly says that:

Remember that while your spouse or partner’s permanent residence application is being processed, he or she must:

  • Maintain legal status as a visitor, student or worker in Canada.
If you have legally entered in Canada you might have a period of maximum staying (in most cases is 6 month), then before it expires you need to apply for an extension of your visitor visa or to change your status, for an open work permit, for example.

Aditional info. http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1250&top=16

Please guys, if I have said something incorrect, let me know.
Hope it will be useful
André

Completely wrong. A spousal sponsorship app will not be refused because the applicant is out of status.
 
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Completely wrong. A spousal sponsorship app will not be refused because the applicant is out of status.
Can you share the references please?
 
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Thanks for the quick reply! Considering your suggestion to not leave, it states that you need a "legal status in Canada" to apply, what do I do now? Should I just continue on with my application? Should we try and get a lawyer involved?
A friend of mine was in this situation and was advised to apply for a TRP (Temporary resident permit) + an OWP with their PR application. They did this and he was granted the TRP and OWP so he was here legally and able to work while the app processed. Keep in mind this is when apps were taking 2 years to process so waiting 6-9 months for the TRP and OWP was not so bad (he got PR in late 2016).