I want to move to Canada with my male partner. He overstayed his visa in the US. We are both in America. Can we still apply from here to move to Canada?
I am American, my partner is overstayed his visa in US. Can we both apply?
- Thread starter calvin1998
- Start date
I suggest your partner leave to go back to his native country asap, and then start the immigration process. He can't apply from the US unless he's residing there legally. And if he's arrested and/or deported from the US, that will significantly reduce his chances of being approved.
Thank you for the input.
I did call a couple of lawyers and it turns out that we can apply here and that since I am the main applicant his status DOES NOT MATTER.
That is a big relief on my mind with the demise of the immigration bill yesterday. We are seriously looking at Canada as a better place to live and retire.
thaiguy, keep me posted as to how you do.
I did call a couple of lawyers and it turns out that we can apply here and that since I am the main applicant his status DOES NOT MATTER.
That is a big relief on my mind with the demise of the immigration bill yesterday. We are seriously looking at Canada as a better place to live and retire.
thaiguy, keep me posted as to how you do.
Calvin,
I hope the lawyers are correct. I'm not a lawyer, but I got this from CIC's website.
http://www.cic.gc.ca/english/pdf/kits/guides/E37048.pdf
Under #4 "Travel Documents and Passports," it says:
• Passports or travel documents for you, your spouse or common-law partner and
your dependent children. Include only copies of pages showing the passport
number, date of issue and expiry, your photo, name, date and place of birth.
• If you live in a country different from your nationality include a photocopy of your
visa for the country where you currently live.
http://www.cic.gc.ca/english/information/applications/skilled.asp
Scroll down to find "Schedule 1: Background Declaration." This form is required of both you and your partner. Some of the questions asked are:
9. Have you, or, if you are the principal applicant, any of your family members listed in your application for permanent residence in Canada, ever:
• been convicted of, or are you currently charged with, on trial for, or party to a crime or offense, or subject of any criminal proceedings in any country?
• been refused admission to, or ordered to leave, Canada or any other country?
• been detained or put in jail?
I'm not saying that your partner's situation will definitely cause a problem. But these are questions you're going to have to respond to in the application.
I hope the lawyers are correct. I'm not a lawyer, but I got this from CIC's website.
http://www.cic.gc.ca/english/pdf/kits/guides/E37048.pdf
Under #4 "Travel Documents and Passports," it says:
• Passports or travel documents for you, your spouse or common-law partner and
your dependent children. Include only copies of pages showing the passport
number, date of issue and expiry, your photo, name, date and place of birth.
• If you live in a country different from your nationality include a photocopy of your
visa for the country where you currently live.
http://www.cic.gc.ca/english/information/applications/skilled.asp
Scroll down to find "Schedule 1: Background Declaration." This form is required of both you and your partner. Some of the questions asked are:
9. Have you, or, if you are the principal applicant, any of your family members listed in your application for permanent residence in Canada, ever:
• been convicted of, or are you currently charged with, on trial for, or party to a crime or offense, or subject of any criminal proceedings in any country?
• been refused admission to, or ordered to leave, Canada or any other country?
• been detained or put in jail?
I'm not saying that your partner's situation will definitely cause a problem. But these are questions you're going to have to respond to in the application.
Thanks for the information. He was not refused entry in the US but was a student who overstayed his visa. No other cirminal record. I ahve excellent credit and will bring money for us to get a home in Toronto. I hope the lawyer was right as well. Actually two lawyers told me the same thing.
Calvin1998,
Thaiguy is only expressing concern for you and your partner so that you wouldn't come across any problems down the road with your application(s).
Since you've got two separate but similar opinions from two different lawyers, I think you should go with those opinions. And, if one of those lawyers happen to be with canadavisa.com, then I must say that personally, I would trust that opinion as I have had a good experience with them so far.
I am like Thaiguy, being concerned for one another here at this forum, and so, my advise to you is this: if you think that your situation is unique to you, and that this is what you really want and you want to succeed in it, plus the fact that you can afford to retain a lawyer, then by all means do retain a lawyer. Even if you retain a lawyer, you can still consult with forum members on titbits of information here and there as well.
I don't know whether you read the following postings from other forum members that is germane to your concern:
http://www.canadavisa.com/canada-immigration-discussion-board/can-us-immigration-status-affect-for-application-t5182.0.html
http://www.canadavisa.com/canada-immigration-discussion-board/first-timer-queries-t5176.0.html
Good Luck to you and your partner, and be prepared for the wait as well, and the waiting is the only downside in this process considering the fact that they have reduced the fees.
Warm regards,
Libra.
Thaiguy is only expressing concern for you and your partner so that you wouldn't come across any problems down the road with your application(s).
Since you've got two separate but similar opinions from two different lawyers, I think you should go with those opinions. And, if one of those lawyers happen to be with canadavisa.com, then I must say that personally, I would trust that opinion as I have had a good experience with them so far.
I am like Thaiguy, being concerned for one another here at this forum, and so, my advise to you is this: if you think that your situation is unique to you, and that this is what you really want and you want to succeed in it, plus the fact that you can afford to retain a lawyer, then by all means do retain a lawyer. Even if you retain a lawyer, you can still consult with forum members on titbits of information here and there as well.
I don't know whether you read the following postings from other forum members that is germane to your concern:
http://www.canadavisa.com/canada-immigration-discussion-board/can-us-immigration-status-affect-for-application-t5182.0.html
http://www.canadavisa.com/canada-immigration-discussion-board/first-timer-queries-t5176.0.html
Good Luck to you and your partner, and be prepared for the wait as well, and the waiting is the only downside in this process considering the fact that they have reduced the fees.
Warm regards,
Libra.
Thank you. I am very grateful to Thaiguy for his concern. Yes, we must all help each other. Please stay in touch. You too, Thaiguy.
Be careful of what lawyers tell you. I was assured that my husband's immigration problems in the U.S. would not be a problem since I was the principal applicant. WRONG. I had my interview in Detroit last month and I was accused of assisting illegal immigrants and they said my husband was probably paying me to get him into Canada! What my lawyer told me could not be further from the truth. They hold highly suspect any out of status person. I am an educated person with a master's degree and English is my first language. I had more than enough funds. Despite all this, I felt that I was treated as a criminal and my integrity was completely demolished. Please think carefully before you make a decision. I don't want to dash your hopes because everyone's case is different, but it appears that lawyers are quick to say that out of status etc. will not effect applications. I am sorry to say that they get their money and your trust that way and then won't refund you fees like promised because when it comes down to it the CIC denies your application due to "security" or "criminality" concerns.
That is frightening to read. I wonder what the Canadian consulate will say about this. However I cannot get a hold of a phone number to call them.