Help urgent: How to make spouse legally stays in Canada

[immigration_sos]

Hi,
I hope that you can guide me through the appropriate application process for my husband.
My husband and I got married last week (Feb 27). I'm a Canadian Citizen and he WAS a foreign worker (he's a Malaysian citizen). His work permit expired in mid November 2013 and during the 90 days grace period (which now has passed), his employer was unable to provide all the necessary documents for the LMO. However, he has submitted his Permanent Residence application (through Canadian Experience Class) in November before his work permit expired.

My question is, how could he remain in Canada legally? He's still here but not working, and we will try whatever it is so we don't have to be separated. We've been together for 4 years.

Please help us!

 

[scylla]

If he failed to submit an application to restore his status and change his status to visitor during the 90 grace period after his work permit expired, then he is now out of status. Since the 90 days have passed there is no way for him to restore his status from within Canada. He would have to leave Canada and then re-enter to make his status in Canada legal again.

Submitting the CEC application does not give him implied status.

 

[keesio]

Why not sponsor your husband for Permanent Residency with an inland sponsorship application?

 

[immigration_sos]

I definitely do it, but is it possible if he's already out of status. Can he remain in Canada while the application is in process?

 

[immigration_sos]

Why not sponsor your husband for Permanent Residency with an inland sponsorship application?

I definitely would, but can he remain in Canada now that he's out of status and while the application is in process?

 

[mikeymyke]

If you file inland, they will allow him to stay and work, even if he's out of status. However, filing inland will mean he has to wait longer to get PR, and if they refuse his application, you cannot appeal.

 

[immigration_sos]

If you file inland, they will allow him to stay and work, even if he's out of status. However, filing inland will mean he has to wait longer to get PR, and if they refuse his application, you cannot appeal.

I don't mind if he's not working while he's waiting either. But we are wondering what would be the reasons the application would be refused? Does this affect his Canadian Experience Class application?

 

[scylla]

No impact on his CEC application. Go ahead and apply.

 

[Carlaganda23]

I don't mind if he's not working while he's waiting either. But we are wondering what would be the reasons the application would be refused? Does this affect his Canadian Experience Class application?

Hi,

He cannot send two Application for PR at the same time, so either he has to withdraw the CEC Class and file a Family Sponsorship Inland or go ahead with the CEC and he has to go home.

If I was in his shoes, I will file an Inland and withdraw the CEC. I am out of status too since my restoration was refused but I file an Inland Application. He has to stay in Canada during the entire process. CIC cannot refused applicants in the grounds of out of status since they had the law that out of status spouses who has an eligible Canadian/PR sponsor can stay in Canada and apply the Family sponsorship. If you wish to apply inland, check the instruction guidelines and take it from there(Sponsor shouldn't have criminality issues, file for bankruptcy, in social assistance, has a previous undertaking and has a source of income/capacity to support your spouse) Please see the Undertaking form in the application package.

 

[Ponga]

If you file inland, they will allow him to stay and work, even if he's out of status. However, filing inland will mean he has to wait longer to get PR, and if they refuse his application, you cannot appeal.

Not exactly.

While it's true that he can apply for Inland sponsorship regardless of his legal immigration status, there is NO GUARANTEE that CBSA will not remove him.
Prior to their change in November 2011, things were a bit different, as they would generally defer removal if an Inland application had been submitted.

CIC and CBSA have different policies regarding this issue.

 

[Carlaganda23]

Not exactly.

While it's true that he can apply for Inland sponsorship regardless of his legal immigration status, there is NO GUARANTEE that CBSA will not remove him.
Prior to their change in November 2011, things were a bit different, as they would generally defer removal if an Inland application had been submitted.

CIC and CBSA have different policies regarding this issue.

True Ponga. I'm scared to read this post but, I just need to be strong and stay positive...

 

[immigration_sos]

Not exactly.

While it's true that he can apply for Inland sponsorship regardless of his legal immigration status, there is NO GUARANTEE that CBSA will not remove him.
Prior to their change in November 2011, things were a bit different, as they would generally defer removal if an Inland application had been submitted.

CIC and CBSA have different policies regarding this issue.

Hi Ponga,

Is it when they question the genuineness of our relationship that he could potentially be removed from Canada, or is there some other reason? Cos we can easily prove our relationships for the past 4 years. Also, I am not be on social assistance, am not bankrupt nor have a record of violent crimes or crimes against family member.

Will you suggest that we should go ahead with the Inland Application?

 

[Carlaganda23]

Hi Ponga,

Is it when they question the genuineness of our relationship that he could potentially be removed from Canada, or is there some other reason? Cos we can easily prove our relationships for the past 4 years. Also, I am not be on social assistance, am not bankrupt nor have a record of violent crimes or crimes against family member.

Will you suggest that we should go ahead with the Inland Application?

I guess you have to go ahead with your Inland application. Gather all the proofs about your genuine relationship and send the application ASAP. Goodluck!

 

[keesio]

Cos we can easily prove our relationships for the past 4 years.

Normally it would be suspicious if someone got married right after their visa expired. It would look like a "marriage of convenience". But because you two have been together for 4 years and have lots of proof, I think it will be fine. But keep in mind that CIC will be looking at your relationship closely so provide some really strong proof.

 

[Ponga]

Hi Ponga,

Is it when they question the genuineness of our relationship that he could potentially be removed from Canada, or is there some other reason? Cos we can easily prove our relationships for the past 4 years. Also, I am not be on social assistance, am not bankrupt nor have a record of violent crimes or crimes against family member.

Will you suggest that we should go ahead with the Inland Application?

Unfortunately, being in a genuine relationship does not negate the fact that he is out of status, which is why a person is subject to removal.

Some have reported very scary situations:
http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html;msg2949698#msg2949698

While others here have stated that their partner was not deported, but had to check in monthly with CBSA (and surrender their passport) until their sponsorship application has been processed.

While others still...are never contacted by CBSA and their application is approved without any problems.



At this point, you have nothing to lose, by submitting your Inland application, and everything to gain!