How can my wife get new PR & work pilot program having a expired visa?

[bajashawn]

Hi,

I am a Canadian born citizen with 2 Canadian children but my wife is not Canadian and has been here for over a year now her visa has expired and we want to get here status legal in Canada. There is the new pilot program can we apply for this or a work permit? And how can we get her Permeant Residency done? I will be so grateful for any help.

Thank you

 

[svetlana]

Re: I am a Canadian,2 Canadian children but my wife is here illegally for 2 years

how did she come to Canada? on a visitor visa?

 

[bajashawn]

Yes she came on a visitors visa. And its expired

 

[svetlana]

Its up to CBSA....i was married too and been out of status for half a year. They still removed me

 

[svetlana]

Children dont help in such situations. Pray to God....sometimes they allow to stay..sometimes not...every case is unique. Good luck

 

[bajashawn]

That is not very encouraging svetlana . So you were removed from Canada? And you are back now? Your spouse was/is Canadian? My wife has been out of status actually a year now and there has to be a way.

 

[bajashawn]

Does RESTORATION of Status apply attached with the Sponsorship and permeant residency ?

 

[dominokitty]

Why didn't she maintain legal status?

 

[dominokitty]

Also, because she has not been in Canada on legal status she isn't eligible for the OWP pilot program.

From CIC website:

Officers will issue open work permits to SCLPC applicants if they meet the following requirements:
a PR application has been submitted under the SCLPC class;
a Canadian citizen or permanent resident spouse has submitted a sponsorship application on their behalf;
the SCLPC applicant resides at the same address as the sponsor; and
the SCLPC applicant has valid temporary resident status (as a visitor, student or worker).

So if anything she will need to leave canada and return on a valid visa.

 

[brucem]

Does RESTORATION of Status apply attached with the Sponsorship and permeant residency ?

I believe she only has 90 days to restore her status after her visitor visa expired. If this is not possible then she would not qualify for the OWP pilot. You are then left in a sticky situation as a relatively new update on the inland application process advises that only those with legal status in Canada can apply for PR. See IMM 5289 'Maintaining legal status'.

Somebody on the forum who did not have legal status in Canada recently applied outland but nobody knows whether this will be successful.

I'm not sure of the process of applying for restoration of status so I can't comment on whether you should submit this along with the application. Maybe some of the senior members can offer advice on this if she is still within the 90 days.

 

[bajashawn]

What is the best way for us to get her legal status and Permanent Residency from where we are at now? Can we fill out the applications and go from there? There has to be a way where she does not have to leave the country.

 

[dominokitty]

Spouses and common law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are required to have legal immigration status in order to qualify under the Spouse or Common-law partner in Canada class.

Important information: Applicants who wish to be able to continue to work and study in Canada must submit an application for extension before the work or study permit expires.

Meaning, to apply inland she must have legal status in Canada. No ifs, ands, or buts about it, she must leave Canada and return with a valid visa, and maintain legal status in order to apply from within Canada. You can try applying outland from within Canada with illegal status but like brucem said, nobody knows whether this would be successful or not.

Here's a link to the form brucem suggested you read: http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

 

[dominokitty]

Yes, it sucks, but it all could have been avoided by simply maintaining legal status and respecting the law here in Canada. If you absolutely can not live apart from your wife I suggest going back to her home country with her and applying outland.

I've been living apart from my husband since we got married, because we have made a conscious decision to follow immigration law to a T. There is no reason why you should feel as though you deserve to be above the law simply because you have children.

 

[brucem]

I'm afraid I agree with Dominokitty on this one. There are very few reasons I can see for allowing a visitor status to elapse. The process of extending it is very straightforward and can be done online for $100. You can request 6 months...a year etc etc.

Some senior members have suggested in the past for similar situations that she could try her luck by leaving the country and then coming back in, however, there is a risk that CBSA could issue an exclusion order due to her overstay. Nobody can really tell you what would happen as its entirely dependent on the CBSA officer who deals with the situation. However, given she cannot apply with her present status I can only see this and Dominokitty options as the most feasible.

 

[brucem]

I would maybe add that if you go onto YouTube you should be able to find the most recent series of Border Security Canada which would give you an idea of how CBSA deal with people in simiar situations to yourselves and what they ask or are looking for from those with non-Canadian spouses.