Inbound application confusion

[Betrthnmilkfrog]

Hello everyone,

I think I messed up and need some clarification.

My wife and I are been married since Feb 2016 she came up from the USA to Canada in November. It was not under the intent of staying. However she had a family fall out and I told her to say and we would simply do the inbound application instead of outbound.

However, it took me a bit longer than the 6 months she's allowed to be here before I could save up the money for the application. (She hasn't worked being her so I've been supporting the both of us) ...

Now that we have been filling out the inbound paper work I realize that she has been here longer than 6 months and I'm not sure if I misunderstood the inbound application...

It is my understanding that if she's not working and studying and I'm supporting us she is just visiting.. we don't know if she should go back to the States and work for a few months and apply as outbound.... Or if she can stay here...

I'm so confused I don't even know what questions to ask.

Should we apply a outbound

 

[scylla]

Yeah - you've unfortunately messed up a bit. Ideally you want to submit the application while your wife is in status in Canada (i.e. in the country legally).

If your wife has been in Canada for more than six months, she's out of status in Canada. There are two options for getting her back into status. One is to leave and then re-enter Canada. Risk there is that there's never a guarantee she will be allowed back in. The other way is to apply to restore her status as a visitor in Canada. Downside of this option is that it can take a few months to process.

At this point it would honestly make more sense to apply outland. I would apply to restore her status from within Canada (assuming she would prefer not to leave) and at the same time apply outland (you can apply outland while in Canada).

 

[Betrthnmilkfrog]

Thanks for

Yeah - you've unfortunately messed up a bit. Ideally you want to submit the application while your wife is in status in Canada (i.e. in the country legally).

If your wife has been in Canada for more than six months, she's out of status in Canada. There are two options for getting her back into status. One is to leave and then re-enter Canada. Risk there is that there's never a guarantee she will be allowed back in. The other way is to apply to restore her status as a visitor in Canada. Downside of this option is that it can take a few months to process.

At this point it would honestly make more sense to apply outland. I would apply to restore her status from within Canada (assuming she would prefer not to leave) and at the same time apply outland (you can apply outland while in Canada).

Thanks for your advice. I have never felt so bad. I wish I knew about this forum sooner. I was so happy to start filling out the forms and finally having enough money for everything and we started reading more into it and realized we completely messed it up! I'll look into this extension thing.. but I fear that since we went over the 6 months she may not qualify for the extension...

 

[scylla]

You can't just apply for an extension - if you do it will be refused. She's out of status in Canada. You can only apply for an extension if you also apply for restoration at the same time.

 

[canuck_in_uk]

Thanks for

Thanks for your advice. I have never felt so bad. I wish I knew about this forum sooner. I was so happy to start filling out the forms and finally having enough money for everything and we started reading more into it and realized we completely messed it up! I'll look into this extension thing.. but I fear that since we went over the 6 months she may not qualify for the extension...

As scylla explained, she doesn't qualify for an extension because she is out of status.

When did she enter Canada? If it has been more than 90 days since her status expired, she can't apply for Restoration either. If that is the case, then the only way to correct her status now is for her to leave Canada.

You can still submit a sponsorship app even though she is out of status. Outland would be a better option.

 

[Betrthnmilkfrog]

Turns out we were in the states in January.. so we have gone over the 6 months but we are still within the 90 days.

We are looking at the extension and restoration option now.

Should we wait until those 2 are done before starting the outbound application?

 

[scylla]

No - you can start the outland application immediately. I wouldn't wait.

 

[Betrthnmilkfrog]

Turns out we were in the states in January.. so we have gone over the 6 months but we are still within the 90 days.

We are looking at the extension and restoration option now.

Should we wait until those 2 are done before starting the outbound application?

Do we know if applying for the restoration and the extension should be done at the same time... And should we call immigration and explain our mess up?!

We are so concerned that our mix up will mess up our application...

If we submit the restoration and extension... Do we know how long it will take?

 

[canuck_in_uk]

Do we know if applying for the restoration and the extension should be done at the same time... And should we call immigration and explain our mess up?!

We are so concerned that our mix up will mess up our application...

If we submit the restoration and extension... Do we know how long it will take?

It is just one application. She needs to apply to restore her status as a visitor. If Restoration is approved, her visitor status will be extended.

Zero point in calling immigration.

Her being out of status will not mess up the PR app.

Restoration can take up to 4 months.

 

[Betrthnmilkfrog]

It is just one application. She needs to apply to restore her status as a visitor. If Restoration is approved, her visitor status will be extended.

Zero point in calling immigration.

Her being out of status will not mess up the PR app.

Restoration can take up to 4 months.

If the restoration can take up to 4 months.. and she's already over 6 months now. Her status here is not legal. And I don't want her to get into any trouble.. we want everything to be done legally.. I'm concerned that if we wait another 4 months ... Then she's here even longer illegally. That can't be good for our application.

Maybe I'm missing some details or not fully understanding of this restoration business.

 

[canuck_in_uk]

If the restoration can take up to 4 months.. and she's already over 6 months now. Her status here is not legal. And I don't want her to get into any trouble.. we want everything to be done legally.. I'm concerned that if we wait another 4 months ... Then she's here even longer illegally. That can't be good for our application.

Maybe I'm missing some details or not fully understanding of this restoration business.

If a person applies for Restoration within 90 days of their status expiring, they can remain in Canada while they wait for an answer.

As I said, her status problem will not affect the PR application. Get it submitted ASAP.

 

[Betrthnmilkfrog]

any chance anyone can help me understand one of the questions on the restoration form?

Question 7
"Current country of residence"

Her residence is USA however she is staying with me.. the form auto populates to canada.. but her residence is not here.. are we supposed to put my address?!