I am confused between the CIC answers and forum answers help clear some things for me

[LovingMyCanuck]

Hi guys I have questions about the Spousal Sponsorship. I've done a lot of research on forums/reading the guides both for the Sponsor and PA (Me). There seems to be some answers that I have found on forums that contradicts to what the guides says. I need to clear up a few things.

(1) On the CIC website under the "immigrate" category under "who can apply?" page I found that it says the PA can be in Canada with no legal status, but must meet all requirements when applying for spouse sponsorship. Now from what I've looked around it people have said that the PA needed to update their status, unless implied status means no status at all?

(2) On the "Sponsor's Guide" it said that the sponsor needed to meet the income requirement which I have found on forums that income requirement is not a must have. On the guide it says that the sponsor must have an income requirement for dependents. Since I have no dependent my future hubby will be able to meet the requirement of sponsorship if he did not meet the income requirement? He has a job, but he's a bit freaked out after finding this out. I must calm him down lol

(3) On the CIC website under the "immigrate" category under the topic FAQs there was a question asking if a spouse can apply for PR if they overstayed in Canada. They answered yes, under the public policy (Which is...? What exactly) This question is like my first question, but how is this possible? Also if it is true, then does this only count with inland apps not Outland apps?

(4) it also says on the cic website that if the spouse wants to work then they could apply for a work permit when outside of Canada. Wouldnt the work permit be most likely refused due to the fact that the PA is will be reunited with her not known sponsor and the VOs wouldn't wanna risk of overstaying, etc?

Thank you!!!! (You guys will be seeing me around here a lot asking questions haha)

 

[CharlieD10]

1. Implied status means that persons who had legal status when they applied for PR and are waiting for a decision on that PR application may continue as they were (e.g. if they had a work permit or study permit) until such time as the decision is made on that application. If you have legal status, you should keep it that way.

2. Sponsoring a spouse only is not subject to a minimum income requirement. Once he has work history and employment, he should have no issues being approved.

3. You may still apply Inland or Outland if you have over-stayed. Again, though, this does not prevent you from being subject to removal procedures if someone realizes you have no legal status to remain in Canada. If you are removed, you lose an Inland application. If you applied Outland, processing of the application would continue without interruption.

4. Not necessarily. If the employer can prove they need the applicant's skills, they could be granted the work permit even though they are waiting for or applying for PR. However, having that PR intent or application becomes a hurdle to overcome for some folks, because they are already considered high risk for over-staying anyway.

 

[NBaker]

The public policy is found here:

http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf at appendix H

If applying from outside Canada after having overstayed, where a removal order was issued, the order must have been enforced, the time has passed for the type of removal order where ARC is no longer required or in the case of a deportation order ARC must be granted to be landed in Canada.

The in Canada public policy was created to alleviate the problem of refusing spousal applications purely on the basis of being out of status which was the case before that policy came out; applications then could only be H&C applications not spousal. The rule is though one must maintain status while in Canada and having applied for PR otherwise as already noted in the previos post, enforcement action could be taken if the application has not been approved in principle.

 

[LovingMyCanuck]

Thanks for the answer but what about my first question? Why would they say it is okay to have no legal status? Sorry, I'm not in this particular situation but I just wanted to be informed why. Thanks.

 

[CharlieD10]

Thanks for the answer but what about my first question? Why would they say it is okay to have no legal status? Sorry, I'm not in this particular situation but I just wanted to be informed why. Thanks.

They didn't say it was OK not to have legal status. They said it was OK to apply for PR even if you don't have legal status. Two different things, so far as Immigration is concerned.

 

[NBaker]

Sorry, I wasn't clear.

They would say legal status was okay not to have because that was the basis for refusal on spousal applications prior to the public policy being put in place in 2005.

Before that time in order to apply from in Canada all people must be in legal status or they would be refused on their application.

The spousal public policy while still requiring people to maintain status no longer can use that as the only basis for a refusal of an application which they could before.

i.e. application made all other criteria met - absolutely perfect, except the person is an overstay - out of status - application must be refused.

public policy - application made - all other criteria met - absolutely perfect - maintained status at all times - approved.
public policy - application made - all other criteria met - absolutely perfect - oops - out of status - okay - requirement to refuse application is overruled for this failure because of the public policy - application approved

 

[LovingMyCanuck]

Thank you NBaker for clearing it up for me with a very good explanation and the link helped as well. Vey much appreciated.