Inland sponsorship and legal status in Canada

[hkalltheway]

Dear All,

I was reading the inland application kit, and it says that a spouse can be sponsored within Canada, as of 2005, IRREGARDLESS of legal status, so long as the sponsor is a valid permanent resident of Canada. Pertaining to this clause, I have two questions:

1- What if the spouse "somehow" got into Canada illegally? The spouse can STILL apply for PR within Canada, based on the above clause?! Isn't that unfair for all the people who follow measures to keep everything legal?

2- I see many people here talking about "extending" visit visa status. Why is that necessary, if we read the above clause, and it gives permission to be here irregardless of legal status?

Thank you!

 

[ftpr]

i m not sure abt this. u can put ur question on this thread u may get +ve responce for sure i hope

http://www.canadavisa.com/canada-immigration-discussion-board/chc-islamabad-spouse-sponsorship-timeline-2009-2010-t28775.38985.html

Dear All,

I was reading the inland application kit, and it says that a spouse can be sponsored within Canada, as of 2005, IRREGARDLESS of legal status, so long as the sponsor is a valid permanent resident of Canada. Pertaining to this clause, I have two questions:

1- What if the spouse "somehow" got into Canada illegally? The spouse can STILL apply for PR within Canada, based on the above clause?! Isn't that unfair for all the people who follow measures to keep everything legal?

2- I see many people here talking about "extending" visit visa status. Why is that necessary, if we read the above clause, and it gives permission to be here irregardless of legal status?

Thank you!

 

[DodgeCharger]

Dear All,

I was reading the inland application kit, and it says that a spouse can be sponsored within Canada, as of 2005, IRREGARDLESS of legal status, so long as the sponsor is a valid permanent resident of Canada. Pertaining to this clause, I have two questions:

1- What if the spouse "somehow" got into Canada illegally? The spouse can STILL apply for PR within Canada, based on the above clause?! Isn't that unfair for all the people who follow measures to keep everything legal?

2- I see many people here talking about "extending" visit visa status. Why is that necessary, if we read the above clause, and it gives permission to be here irregardless of legal status?

Thank you!

First of all u need to understand something, u cannot be in the country illegally and expect them to treat u like a guest, cuz trust me they won't be nice to u!

Only if u have a legal status in Canada u can have someone sponsor u, but still they will require u to leave the country if in the meanwhile ur status expires!

 

[hkalltheway]

First of all u need to understand something, u cannot be in the country illegally and expect them to treat u like a guest, cuz trust me they won't be nice to u!

Only if u have a legal status in Canada u can have someone sponsor u, but still they will require u to leave the country if in the meanwhile ur status expires!

I think you are wrong. From the application guide, found on CIC's website, I came across the following:

"A foreign national cannot become a permanent resident in Canada if he or she is inadmissible for reasons other than lack of legal immigration status in Canada."

"Spouses and common-law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are no longer required to have legal immigration status provided that they have an eligible sponsor. All other eligibility requirements continue to apply.
Applicants who wish to be able to continue to work and study in Canada must submit an application for extension before the work or study permit expires."

 

[NBaker]

This is an extremely complicated topic that is frequently found confusing by many professionals who should understand it and often do not let alone laypersons trying to understand. On occasion professionals suggest this option to the detriment of the person and their spouse/family.

It is true that lack of status does not prevent someone from applying under the in Canada spousal process for PR and it does strike those who are trying to do things in the proper way as extremely unfair. It is overall a much slower process than applying from outside Canada.

As noted, if applying there is a requirement to maintain status, but the application cannot be refused only on the basis of lack of status.

The important point about this related to the initial post is with respect to the spouse having entered Canada illegally. The presence of a spousal application does not stop the possibility of enforcement action by the CBSA. There is the possibility of a removal order being issued and if the spousal application is refused for a reason other than lack of status, the removal order should be expected to be enforced. The process would need to be restarted from outside Canada and could incur added cost to have permission to return to Canada through ARC as well as repaying removal costs if departure costs are not paid by the person - those costs are $1500 other than for the USA by car which is $750. Also, if the application is rejected in Canada there is no right of appeal through the immigration appeal division as there is with an outside of Canada application. The only avenue of review is the Federal Court of Canada with no automatic stay of removal if the person is subject of enforcement action.

it may work out fine or not. Can't see that it would be much fun checking over your shoulder worrying about being caught or the possibility of removal.

 

[hkalltheway]

It is true that lack of status does not prevent someone from applying under the in Canada spousal process for PR and it does strike those who are trying to do things in the proper way as extremely unfair. It is overall a much slower process than applying from outside Canada.

As noted, if applying there is a requirement to maintain status, but the application cannot be refused only on the basis of lack of status.

The important point about this related to the initial post is with respect to the spouse having entered Canada illegally. The presence of a spousal application does not stop the possibility of enforcement action by the CBSA. There is the possibility of a removal order being issued and if the spousal application is refused for a reason other than lack of status, the removal order should be expected to be enforced. The process would need to be restarted from outside Canada and could incur added cost to have permission to return to Canada through ARC as well as repaying removal costs if departure costs are not paid by the person - those costs are $1500 other than for the USA by car which is $750. Also, if the application is rejected in Canada there is no right of appeal through the immigration appeal division as there is with an outside of Canada application. The only avenue of review is the Federal Court of Canada with no automatic stay of removal if the person is subject of enforcement action.

it may work out fine or not. Can't see that it would be much fun checking over your shoulder worrying about being caught or the possibility of removal.

Hi there NBaker,

Thank you for the detailed response. I find it quite confusing, especially that people here keep wanting to extend their visit visa status, when the site clearly states that as long as the sponsor is legal, the illegal status of the spouse is fine. What makes me most confused is if the spouse entered Canada illegally, and has young children. In the favor of children, I believe they wouldn't enforce deporation, so it is quite unfair for people who follow the normal method. This only happened since 2005, where legal status is no longer a concern. Is there somewhere where we could read the details about this in the law? Thank you.

 

[NBaker]

khalltheway See appendix H of IP 8 which describes the policy
http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf

This application is a type of humanitarian and compassionate one which was originally in place for those spouses and their children otherwise unable to apply for landing in the usual way, but now appears to be used routinely if a person is able to enter Canada in some fashion or perhaps here legally in status working etc. and in a genuine relationship where it may be in the best interest of many factors to waive the requirement for a permanent resident visa before granting PR within Canada.

If the person enters and has status as a visitor that status needs to be maintained so that is where you see people seeking to have visitor status extended. This would also be the case for someone in Canada with a valid WP who meets and marries or is eligible for consideration as common law. That person also is required to maintain their WP otherwise they may not work unless a certain stage is passed in processing when a WP could be applied for.

Previous to this change in 2005 H&C applications with sponsor were possible, but would fail due to lack of status for many people who were in Canada i.e. failed refugee claimants.

There appear to be contradictions in the manual that certainly can lead to confusion. See 5.27 which requires status to be maintained and in place on the day the application is made as well as the date of landing which then is followed up with it not being a reason to refuse the application if status is lacking provided it is within the definition of lack of status.

IMO if one entered Canada with status one needs to maintain it, but if here otherwise and not caught they could be landed even where status is lacking. That seems rather risky considering the cost and desire to have a settled family that would appear to be the goal of a genuine application in the first place, but if caught could be removed and lose the fees paid etc. and need to start the process over again outside Canada. Whenever possible I would think an outside Canada application has the best benefit attached unless there are very particular circumstances that make it unreasonable to do so.

With changes coming as a result of marriage fraud it may be interesting to see if there are changes here as well since there really is the perception of 'lack of fairness' as you have noted.

 

[Stumpedmom]

Hi there NBaker,

Thank you for the detailed response. I find it quite confusing, especially that people here keep wanting to extend their visit visa status, when the site clearly states that as long as the sponsor is legal, the illegal status of the spouse is fine. What makes me most confused is if the spouse entered Canada illegally, and has young children. In the favor of children, I believe they wouldn't enforce deporation, so it is quite unfair for people who follow the normal method. This only happened since 2005, where legal status is no longer a concern. Is there somewhere where we could read the details about this in the law? Thank you.

No matter whether the woman has young children or not, they will enforce a deportation order. There recently have been a couple of women here illegally, married a Canadian, and because they had failed refugee claims and did not leave like they were supposed to, and were deported to their home countries, and the children did not play a factor in this. Just a warning that if someone is here illegally whether they have young children whether they are Canadian by birth or not, the mother CAN and WILL still be deported....

 

[CharlieD10]

The purpose of the 2005 change, so far as I see it, was not to encourage people to enter Canada illegally, knowing that if they have an eligible sponsor it means they can still apply for PR status.

Additionally, Stumpedmom is very correct. The presence of Canadian-born children or children any at all, DOES NOT MEAN THEY WON'T ENFORCE A DULY-REQUIRED DEPORTATION ORDER. Although the rights of the child must be actively considered (the court term used most often in appealed cases is to "be alert, alive and sensitive to the interests of the child"), they do not trump every other consideration in the application of the law.

 

[yffAm]

hi I am just new here and I have a lot of questions about this In Land spousal sponsorship and I know I am not the only one in this situation. I just arrived here in Canada and I'm under a work permit visa and my husband was a Canadian Permanent Resident already. I indicate on my application that I was married with my husbands name on it and that he was living here in Canada and I also include the name of my daughter of course.

Now my husbands trying to sponsor me In Land but He also wanted to include my daughter on the application form but she is still in the Philippines. Is it possible to do that? How? and how long will it take us to get approved by Canadian Immigration?

It will mean so much to me if you answer my question just to clear my mind. He's not yet sending the application I just want to be sure first if it is possible before we send it to Canadian Immigration. Thank you!

 

[SIJI]

Hi There,
I WAS AN ILLEGAL IMMIGRANT FOR 7 YEARS,AND STILL GOT APPROVED WITHIN A YEAR OF MY "INLAND" PR APPLICATION,AS LONG AS YOUR RELATIONSHIP IS HONEST AND TRUE,THINGS WILL GO WELL..DONT GET DISCOURAGED BY WAHT PEOPLE SAY ON HERE..IT DOESNT FEEL GOOD TO BE "ILLEGAL"BUT SUCH IS LIFE WE ALL WANT A BETTER LIFE..TAKE CARE AND GOD BLESS

 

[missworld13]

Hi wanna ask you one thing if some one has no status can they still get spousal sponsor with out updating their status

 

[mikeymyke]

It doesn't matter if it's unfair or not, because since they entered here illegally, their sponsorship application will be heavily scrutinized.

 

[Andym]

Hi wanna ask you one thing if some one has no status can they still get spousal sponsor with out updating their status

Yes. Inland out of status spousal application is possible without updating status.

 

[MaxLet]

Hi There,
I WAS AN ILLEGAL IMMIGRANT FOR 7 YEARS,AND STILL GOT APPROVED WITHIN A YEAR OF MY "INLAND" PR APPLICATION,AS LONG AS YOUR RELATIONSHIP IS HONEST AND TRUE,THINGS WILL GO WELL..DONT GET DISCOURAGED BY WAHT PEOPLE SAY ON HERE..IT DOESNT FEEL GOOD TO BE "ILLEGAL"BUT SUCH IS LIFE WE ALL WANT A BETTER LIFE..TAKE CARE AND GOD BLESS

Hello! Can u give more detail of ur case? How did u got to canada in the first place? How long married or common law? I support what u said, i came on a student visa which end august 2012, i wanted to leave the country to apply outland (qt that point i had 1 year married to canadian citizen) he then call cic which suggested him that i should stay, that been out of status was not a problem. He call 4 times to confirm this and all of them told him ill inmediately fall in implied status. We send our file in mars 2013, got aor the same month, got approuved by qubec and now waiting for aip (and only a month to have 2y married! ) wr actually called again cuz we were concern cuz a lot of ppl on this forum says that we have to renew tourist or smthing. They told us that if we already got aor and csq (qbc only) then not to worry, the agent threating our case had overlooked my lack of status. So ill say call cic anonymus and see for urself!