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I'm an immigrant. What do I do?

Smoofy

Newbie
Dec 16, 2019
7
0
32
Toronto, ON
Okay so this is an insane situation I'm in. I'm literally stuck. (Forgive me if this is the wrong section)

I met my boyfriend (now husband) online and I visited a couple of times about two years ago. The third time I came to visit, he wanted me to stay, I wanted to stay...so I did (I know, I know..bad idea). We planned on getting my legalization forms filed and sent out but we didn't have the money, and wanted to save...so we waited. Fast forward to now..i have a 5 month old son and we're married all here in Canada. I haven't gone back to the US in two years, and I clearly overstayed my 6 month visitation time.

I have tried to look everywhere online for people in my situation and I haven't really found anything useful (as far as the issue being resolved or what they did to get it all done). The only thing that worried me is that I may have to be sent back to the US with or without my son. I have absolutely nowhere to go. My Mother passed away during my stay here and I couldn't even go to the funeral, my step father passed away, my sister screwed me over and cut contact with me, my Grandparents are 85 yrs old...its not an option.

So my questions are:

-What can I do to get legal and not be sent back?
-What are any quicker, simple options other than permanent residency that can allow me to at least WORK here? (considering the process takes sooo long for permanent residency) because I need money, I NEED to work and make something to support my family and change the living environment we're currently in.

Additional questions:

-My husband applied for welfare, and included my son..but he excluded me because technically we're counting it as me not being here (which I hate..) is it safe to let welfare know I'm here? Will that even help the case? Or do I have to keep under the radar until we can get what we need done, and surface when I need to? (EDIT: Please note that they're not currently helping us. - sorry for not being clear earlier. They offered us almost no help at all, so we said forget it. They are bot helping us whatsoever)

-Can me not being legal here effect baby bonus coming in? We're almost 6 months in struggling to make ends meet because we haven't received benefits for him yet. Which would really help us to take care of him better because honestly..we're scaring up what we can for food ourselves. My husband and I only eat once a day..we wanna make sure the baby has everything he needs first. That's why I wanna get legal and work.

Thanks in advance.
 
Last edited:

canuck78

VIP Member
Jun 18, 2017
58,425
14,393
Okay so this is an insane situation I'm in. I'm literally stuck. (Forgive me if this is the wrong section)

I met my boyfriend (now husband) online and I visited a couple of times about two years ago. The third time I came to visit, he wanted me to stay, I wanted to stay...so I did (I know, I know..bad idea). We planned on getting my legalization forms filed and sent out but we didn't have the money, and wanted to save...so we waited. Fast forward to now..i have a 5 month old son and we're married all here in Canada. I haven't gone back to the US in two years, and I clearly overstayed my 6 month visitation time.

I have tried to look everywhere online for people in my situation and I haven't really found anything useful (as far as the issue being resolved or what they did to get it all done). The only thing that worried me is that I may have to be sent back to the US with or without my son. I have absolutely nowhere to go. My Mother passed away during my stay here and I couldn't even go to the funeral, my step father passed away, my sister screwed me over and cut contact with me, my Grandparents are 85 yrs old...its not an option.

So my questions are:

-What can I do to get legal and not be sent back?
-What are any quicker, simple options other than permanent residency that can allow me to at least WORK here? (considering the process takes sooo long for permanent residency) because I need money, I NEED to work and make something to support my family and change the living environment we're currently in.

Additional questions:

-My husband applied for welfare, and included my son..but he excluded me because technically we're counting it as me not being here (which I hate..) is it safe to let welfare know I'm here? Will that even hell the case? Or do I have to keep under the radar until we can get what we need done, and surface when I need to?

-Can me not being legal here effect baby bonus coming in? We're almost 6 months in struggling to make ends meet because we haven't received benefits for him yet. Which would really help us to take care of him better because honestly..we're scaring up what we can for food ourselves. My husband and I only eat once a day..we wanna make sure the baby has everything he needs first. That's why I wanna get legal and work.

Thanks in advance.
He can’t sponsor you if he’s claiming welfare. He can apply for child benefit. Why can’t your husband work? Where are you living? In most provinces you don’t qualify for health coverage.
 

scylla

VIP Member
Jun 8, 2010
97,336
23,147
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Okay so this is an insane situation I'm in. I'm literally stuck. (Forgive me if this is the wrong section)

I met my boyfriend (now husband) online and I visited a couple of times about two years ago. The third time I came to visit, he wanted me to stay, I wanted to stay...so I did (I know, I know..bad idea). We planned on getting my legalization forms filed and sent out but we didn't have the money, and wanted to save...so we waited. Fast forward to now..i have a 5 month old son and we're married all here in Canada. I haven't gone back to the US in two years, and I clearly overstayed my 6 month visitation time.

I have tried to look everywhere online for people in my situation and I haven't really found anything useful (as far as the issue being resolved or what they did to get it all done). The only thing that worried me is that I may have to be sent back to the US with or without my son. I have absolutely nowhere to go. My Mother passed away during my stay here and I couldn't even go to the funeral, my step father passed away, my sister screwed me over and cut contact with me, my Grandparents are 85 yrs old...its not an option.

So my questions are:

-What can I do to get legal and not be sent back?
-What are any quicker, simple options other than permanent residency that can allow me to at least WORK here? (considering the process takes sooo long for permanent residency) because I need money, I NEED to work and make something to support my family and change the living environment we're currently in.

Additional questions:

-My husband applied for welfare, and included my son..but he excluded me because technically we're counting it as me not being here (which I hate..) is it safe to let welfare know I'm here? Will that even hell the case? Or do I have to keep under the radar until we can get what we need done, and surface when I need to?

-Can me not being legal here effect baby bonus coming in? We're almost 6 months in struggling to make ends meet because we haven't received benefits for him yet. Which would really help us to take care of him better because honestly..we're scaring up what we can for food ourselves. My husband and I only eat once a day..we wanna make sure the baby has everything he needs first. That's why I wanna get legal and work.

Thanks in advance.
The only realistic option is for your husband to sponsor you for permanent residency as his spouse. However in order to do that, he cannot be on welfare. Being on welfare disqualifies him from sponsoring you. He will need to get off welfare a few months before he applies to sponsor you - and then he will need to remain off welfare for another 12 or so months that it will take for the application to be processed. Until he gets off welfare and is able to sponsor you for PR, you really have no options to fix your status or to be able to work in Canada.
 

k.h.p.

VIP Member
Mar 1, 2019
8,801
2,250
Canada
1. If your husband wasn't on welfare, you could apply for spousal sponsorship since you are married. That process would take about a year.

2. However, since your husband has applied for welfare, he is not eligible to sponsor you until he is off welfare.

3. You have to have a valid status to be eligible for a work permit if your husband is off welfare and applying for spousal sponsorships.

You're in a tough place since your husband is not eligible to sponsor you while he is on welfare.
 

k.h.p.

VIP Member
Mar 1, 2019
8,801
2,250
Canada
The only realistic option is for your husband to sponsor you for permanent residency as his spouse. However in order to do that, he cannot be on welfare. Being on welfare disqualifies him from sponsoring you. He will need to get off welfare a few months before he applies to sponsor you - and then he will need to remain off welfare for another 12 or so months that it will take for the application to be processed. Until he gets off welfare and is able to sponsor you for PR, you really have no options to fix your status or to be able to work in Canada.
And then if you go on welfare anytime in the three years after PR approval, your husband will be required to repay the welfare for you.
 
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canuck_in_uk

VIP Member
May 4, 2012
31,548
7,209
Visa Office......
London
App. Filed.......
06/12
Okay so this is an insane situation I'm in. I'm literally stuck. (Forgive me if this is the wrong section)

I met my boyfriend (now husband) online and I visited a couple of times about two years ago. The third time I came to visit, he wanted me to stay, I wanted to stay...so I did (I know, I know..bad idea). We planned on getting my legalization forms filed and sent out but we didn't have the money, and wanted to save...so we waited. Fast forward to now..i have a 5 month old son and we're married all here in Canada. I haven't gone back to the US in two years, and I clearly overstayed my 6 month visitation time.

I have tried to look everywhere online for people in my situation and I haven't really found anything useful (as far as the issue being resolved or what they did to get it all done). The only thing that worried me is that I may have to be sent back to the US with or without my son. I have absolutely nowhere to go. My Mother passed away during my stay here and I couldn't even go to the funeral, my step father passed away, my sister screwed me over and cut contact with me, my Grandparents are 85 yrs old...its not an option.

So my questions are:

-What can I do to get legal and not be sent back?
-What are any quicker, simple options other than permanent residency that can allow me to at least WORK here? (considering the process takes sooo long for permanent residency) because I need money, I NEED to work and make something to support my family and change the living environment we're currently in.

Additional questions:

-My husband applied for welfare, and included my son..but he excluded me because technically we're counting it as me not being here (which I hate..) is it safe to let welfare know I'm here? Will that even hell the case? Or do I have to keep under the radar until we can get what we need done, and surface when I need to?

-Can me not being legal here effect baby bonus coming in? We're almost 6 months in struggling to make ends meet because we haven't received benefits for him yet. Which would really help us to take care of him better because honestly..we're scaring up what we can for food ourselves. My husband and I only eat once a day..we wanna make sure the baby has everything he needs first. That's why I wanna get legal and work.

Thanks in advance.
There is no quick or simple option. Spousal sponsorship is your only option. As said above, that is not possible while your husband is on welfare. He needs to get off welfare and stay off for at least a few months before applying and throughout the process, which will likely be at least a year. He will have to show a solid plan of how you will support yourselves without welfare after approval. Having been on welfare so recently, he can expect extra scrutiny of finances. He signs a contract with the government that you will not claim welfare in the first three years after you become a PR, so if you do (and welfare is evaluated as a family, so that applies to him claiming welfare as well), he will have to pay some of it back.

Note that the PR process is $1040 + $85 + several hundred for the medical, PCCs and whatever other little costs.

You will not be able to work until you become a PR.

Your husband can claim CCB regardless of your status.
 

Smoofy

Newbie
Dec 16, 2019
7
0
32
Toronto, ON
He can’t sponsor you if he’s claiming welfare. He can apply for child benefit. Why can’t your husband work? Where are you living? In most provinces you don’t qualify for health coverage.
He isn't claiming welfare currently, but he tried and they ended up not really able to help us at all. He has applied for child benefits we just haven't recieved them yet and it's almost been 6 months. My husband is working but they cut his hours to 2-days a week, hes currently and constantly looking for another job but no luck yet. We are living in Toronto, Ontario. No, I do not qualify for health coverage, the only options I have is a refugee and immigrants centre. Which I have gone to when I needed help with my pregnancy. They assigned me to a midwife.
 

Smoofy

Newbie
Dec 16, 2019
7
0
32
Toronto, ON
The only realistic option is for your husband to sponsor you for permanent residency as his spouse. However in order to do that, he cannot be on welfare. Being on welfare disqualifies him from sponsoring you. He will need to get off welfare a few months before he applies to sponsor you - and then he will need to remain off welfare for another 12 or so months that it will take for the application to be processed. Until he gets off welfare and is able to sponsor you for PR, you really have no options to fix your status or to be able to work in Canada.
He applied, but when they called and spoke to him about help, they basically offered no hell at all, so he said forget it. So we are not receiving anything from them whatsoever. I was afraid of PR being the only process:/ because I dont wanna leave my son and I dont want him getting shipped back with me without a stable place to stay at all.
 

scylla

VIP Member
Jun 8, 2010
97,336
23,147
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
He applied, but when they called and spoke to him about help, they basically offered no hell at all, so he said forget it. So we are not receiving anything from them whatsoever. I was afraid of PR being the only process:/ because I dont wanna leave my son and I dont want him getting shipped back with me without a stable place to stay at all.
If he's not on welfare - then he can sponsor you for PR.

PR is the only option for you at this point since you're out of status in Canada. There's really no fast way for you to get a work permit. Get the PR sponosrship application in as soon as you can - that's honestly your fastest option right now to be able to work - although you're going to be waiting a while.
 
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21Goose

VIP Member
Nov 10, 2016
5,246
1,618
AOR Received.
Feb 2017
He applied, but when they called and spoke to him about help, they basically offered no hell at all, so he said forget it. So we are not receiving anything from them whatsoever. I was afraid of PR being the only process:/ because I dont wanna leave my son and I dont want him getting shipped back with me without a stable place to stay at all.
If he's not on welfare, then you really don't need to worry too much. You do have to figure out how to pay for the sponsorship (as stated above, it's CAD~1600 ), but other than that, it's a straightforward spousal sponsorship.

There are various eligibility criteria, but you should start by taking a deep breath and reading this page - https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children.html

Read the various steps and see if you have questions. Lots of people here can help with that, and there are various organizations that you can turn to for help as well.

Don't worry about being separated from your family. Assuming you don't have a criminal record, your case really isn't that uncommon, and it's usually a routine process to become a PR.
 
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keesio

VIP Member
May 16, 2012
4,795
396
Toronto, Ontario
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
09-01-2013
Doc's Request.
09-07-2013
AOR Received.
30-01-2013
File Transfer...
11-02-2013
Med's Done....
02-01-2013
Interview........
waived
Passport Req..
12-07-2013
VISA ISSUED...
15-08-2013
LANDED..........
14-10-2013
There's really no fast way for you to get a work permit. Get the PR sponosrship application in as soon as you can - that's honestly your fastest option right now to be able to work - although you're going to be waiting a while.
Can't you get some kind of work permit in a few months if you do inland sponsorship?
 

scylla

VIP Member
Jun 8, 2010
97,336
23,147
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Can't you get some kind of work permit in a few months if you do inland sponsorship?
If you have valid status in Canada - yes. However OP is out of status and won't qualify for the open work permit pilot which grants an OWP within four months of applying. She would need to wait until AIP before she qualifies for an OWP which takes significantly longer.
 
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canuck78

VIP Member
Jun 18, 2017
58,425
14,393
Still boggles my mind that so many of my friends with OHIP have not been able to find a midwife taking patients and had to go to an OB yet anyone without OHIP seems to find a midwife:rolleyes:
 
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babsizkil

Hero Member
Dec 18, 2016
529
99
Okay so this is an insane situation I'm in. I'm literally stuck. (Forgive me if this is the wrong section)

I met my boyfriend (now husband) online and I visited a couple of times about two years ago. The third time I came to visit, he wanted me to stay, I wanted to stay...so I did (I know, I know..bad idea). We planned on getting my legalization forms filed and sent out but we didn't have the money, and wanted to save...so we waited. Fast forward to now..i have a 5 month old son and we're married all here in Canada. I haven't gone back to the US in two years, and I clearly overstayed my 6 month visitation time.

I have tried to look everywhere online for people in my situation and I haven't really found anything useful (as far as the issue being resolved or what they did to get it all done). The only thing that worried me is that I may have to be sent back to the US with or without my son. I have absolutely nowhere to go. My Mother passed away during my stay here and I couldn't even go to the funeral, my step father passed away, my sister screwed me over and cut contact with me, my Grandparents are 85 yrs old...its not an option.

So my questions are:

-What can I do to get legal and not be sent back?
-What are any quicker, simple options other than permanent residency that can allow me to at least WORK here? (considering the process takes sooo long for permanent residency) because I need money, I NEED to work and make something to support my family and change the living environment we're currently in.

Additional questions:

-My husband applied for welfare, and included my son..but he excluded me because technically we're counting it as me not being here (which I hate..) is it safe to let welfare know I'm here? Will that even help the case? Or do I have to keep under the radar until we can get what we need done, and surface when I need to? (EDIT: Please note that they're not currently helping us. - sorry for not being clear earlier. They offered us almost no help at all, so we said forget it. They are bot helping us whatsoever)

-Can me not being legal here effect baby bonus coming in? We're almost 6 months in struggling to make ends meet because we haven't received benefits for him yet. Which would really help us to take care of him better because honestly..we're scaring up what we can for food ourselves. My husband and I only eat once a day..we wanna make sure the baby has everything he needs first. That's why I wanna get legal and work.

Thanks in advance.
My advice here may seems weird or unreasonable but I am open to correction. First, what is your status in the US? I understand you said .."I haven't gone back to the US in two years." If you are US citizen or permanent resident it will make sense to restore your status there. Then you can depart for State. Your husband as a Canadian citizen, I suppose can always visit you there with your child. You can also applied for restoration of your status here in Canada if you have genuine and reasonable ground such as health/medical factor (Interest of a child or compassionate). Though, you might need help of a lawyer or legal expert. On the issue of financing or paying for the services, I believe your husband will be able to take one time credit for the sake of your unification.