INLAND APPLICATION

[SILKEN]

I have a few questions, hopefully someone can answer. Long story so will apologize ahead of time.
Met (who is now my husband) in 2001 online in a trivia chat game room. We communicated for 4 or 5 months this way as well as letters and phone and video chat then I went to united states in November of the same year and stayed for 3 weeks.
Went back in August of 2002 stayed 3 weeks again and got engaged while there. I went back again November 2002 stayed 4 weeks.
He then came to Canada in December of 2002 and stayed for 3 or 4 weeks. I went back in August 2003 and again he came in December 2003 stayed for a few weeks, then came back to Canada in july of 2004 at which time we got married. We went back to the states together and stayed for 3 weeks and we came back to canada together and he stayed for the full 6 months and went back in February 2005. Each of the following years, 2006, 2007, 2008,2009,2010 we took turns coming back and forth, me usually 2 maybe 3 times a year for 3 weeks at a time and he here for usually 3 to 6 months at a time until 2011. In 2011 I had a family member pass away and when my husband came up for the funeral he stayed for the 6 months with intentions of going back, however, truck broke down, economy wasn't great and didnt have a whole lot of money etc...
We decided to put in immigration application, got as far as fingerprints, medical, not once but twice. (We didnt apply in the earlier years as he had minor children who were not coming to canada and we decided to wait for the children to be of age of indendance).
Sooo, now here we are, he is out of status, and I read where we can apply inland regardless of that, so here are my questions:
1: How in the heck do they really know, Canada has no exit controls, Im interested in if anyone has actually experienced leaving and coming back while out of status. I also know that I myself have left and came back and at the border the officers didnt even look at my passports, they just waived me through.
2: During the time here, my husband has essentially did volunter work, and has been taking on the role of 'house husband' taking care of the house and everything that entails, ( oh by the way, we also bought a house in 2007) so on the application what do we put for what has he been up to for the last 2 yrs, do we put just that?
3: We are sending in the work permit application as well at the same time, will he get that before AIP or because he is out of status will he not get it unitl AIP?
I am sure I will have more questions but that is it for now. Thanks for reading.
Silken

 

[Ponga]

Hi,

I will offer the limited information that I have regarding your questions, but I'm sure some of the senior members here will be of more help to you.

1. The truth is...they may not know, but you really have no way of knowing for sure...until he leaves and tries to re-enter Canada. Phase II of the Entry/Exit initiave between Canada and the US went into effect June 30, 2013, but appears to only track third-country nationals, but...who really knows `who' they are tracking.

2. Doing volunteer work could be an issue, especially is it was a task that a Canadian could have been paid to perform otherwise. For example, if he was volunteering to do a `job' for a person or company, as opposed to volunteering at a soup kitchen.

3. An OWP (Open Work Permit) will only be issued AFTER he receives AIP (regardless of his status).

Also, be aware that the administrative `public policy' that allows someone that is out of status (technically considered to have `Lack of Status') to apply for sponsorship in Canada (Inland) does NOT guarantee that he will not be removed from Canada. I suggest you download the ip08 pdf from the CIC website and look at Appendix H (~ page 55 I believe). Until he has AIP (approval of you as a sponsor) the administrative deferral (not to remove him from Canada) does not OFFICIALLY take effect. Having said that, if you have an Inland application submitted before any enforcement action is taken (i.e., pre-removal interview with CBSA) and he has no other admissibility issues, he likely would benefit from the deferral.


Good luck!

 

[SILKEN]

So, when filing the application, I send my app for sponsor along with his app to immigrate at the SAME time is that correct?

Also, the volunteer work is for a non-profit organization and they have a whole team of volunteers they call upon when there is a lot of work that needs to get done, its not an everyday volunteer thing, just a once in awhile thing. His main thing is taking care of the house outside and in, repairs and such and he watches the 4 grandkids, drop off and pick to school and daycare, lunches, laundry etc...everything the stay at home parent would do. All in all not sure how we will manage once he does get a work permit and begins to work outside of the home but think it will be a good problem to have.

I have downloaded the document you suggested and although I am not finished reading it, I was wondering about the medical and security check. It says spouse is exempt but still has to complete the medical, why is that? Sorry if these are silly questions.

Thanks Silken

 

[scylla]

Yes - you must send both parts of the application at the same time.

Spouses cannot be refused for having a health condition that may create a burden on the health care system. However they can be refused for having a communicable disease (e.g. TB). So a medical is still mandatory.

 

[SILKEN]

Sorry,
Should I be posting in another place, I am very new to this and not sure if I'm in the right place or how to get to the right place if not. While I'm here I do have another question though, which office do I send application to.....he is from New York and I am in the Maritimes.
Thanks Silken

 

[SILKEN]

wow, you guys respond so quickly, thank you so much...

 

[scylla]

If you are applying inland, Vegreville AB.

 

[SILKEN]

OMG...so if required to have an interview, where pray tell might that happen?

 

[Mrs_Canuck]

OMG...so if required to have an interview, where pray tell might that happen?

They would notify you that they are transferring your file to a local office. This is usually always a heads up that you will be getting an interview if you have not passed stage 1 when this is happening...