Inland Sponsorship, but ARC!? Is it Possible!? HELP Leon, BCguy, PMM Please!

[edgarsitow]

Hey Guys!

Just a few questions?

If I get into Canada and marry my fiancée, can I apply for an Inland spousal sponsorship when I need an ARC (Authorization to Return to Canada) to come back in? (I'm from a VISA exempt country - Mexico)
Would they assess my Sponsorship application and then I can wait inside Canada for the ARC?
Or will they make me leave to get the ARC?
Or will they just make me apply for outland Sponsorship?

thanks guys I hope someone can help me out!

 

[PMM]

Hi

Hey Guys!

Just a few questions?

If I get into Canada and marry my fiancée, can I apply for an Inland spousal sponsorship when I need an ARC (Authorization to Return to Canada) to come back in? (I'm from a VISA exempt country - Mexico)
Would they assess my Sponsorship application and then I can wait inside Canada for the ARC?
Or will they make me leave to get the ARC?
Or will they just make me apply for outland Sponsorship?

thanks guys I hope someone can help me out!

1. You are inadmissible without the ARC as a visitor or PR. You get caught on entry, you will be removed.

PMM

 

[edgarsitow]

Hi

Hey Guys!

Just a few questions?

If I get into Canada and marry my fiancée, can I apply for an Inland spousal sponsorship when I need an ARC (Authorization to Return to Canada) to come back in? (I'm from a VISA exempt country - Mexico)
Would they assess my Sponsorship application and then I can wait inside Canada for the ARC?
Or will they make me leave to get the ARC?
Or will they just make me apply for outland Sponsorship?

thanks guys I hope someone can help me out!

1. You are inadmissible without the ARC as a visitor or PR. You get caught on entry, you will be removed.

PMM

Hey Thanks for your answer?

ok BUT if I am able to get in, can I submit an inland sponsorship?

 

[PMM]

HI

Hi

Hey Guys!

Just a few questions?

If I get into Canada and marry my fiancée, can I apply for an Inland spousal sponsorship when I need an ARC (Authorization to Return to Canada) to come back in? (I'm from a VISA exempt country - Mexico)
Would they assess my Sponsorship application and then I can wait inside Canada for the ARC?
Or will they make me leave to get the ARC?
Or will they just make me apply for outland Sponsorship?

thanks guys I hope someone can help me out!

1. You are inadmissible without the ARC as a visitor or PR. You get caught on entry, you will be removed.

PMM

Hey Thanks for your answer?

ok BUT if I am able to get in, can I submit an inland sponsorship?

Then there is a good chance that you will get a knock on the door from CBSA and be arrested for being in the country without status. It won't be processed.

PMM

 

[edgarsitow]

HI

Then there is a good chance that you will get a knock on the door from CBSA and be arrested for being in the country without status. It won't be processed.

PMM

But since the recent public policy changed there is a chance it processes right? I'm just saying this according to what it says in the CIC website:

Note: On February 18, 2005, the Minister announced a new public policy under which legal immigration status is no longer a requirement for spouses and common-law partners of Canadian citizens and permanent residents in Canada who wish to apply permanent resident status provided that they have an eligible sponsor. However, all other eligibility requirements continue to apply.

Although out-of-status spouses and common-law partners may now apply for permanent residence in the Spouse or Common-law Partner Class, persons without legal immigration status in Canada are unable to work or study and may be subject to removal proceedings at any time for failing to have or maintain legal immigration status in Canada.

Source: http://cic.gc.ca/english/information/applications/guides/5289E10.asp

Thanks a lot for your replies PMM! I really appreciate your honesty and guidance in these difficult times for many of us.

Cheers mate!
Edgar

 

[RobsLuv]

You're misinterpreting (as many do) the intent of this change to the legislation . . . what it says is: On February 18, 2005, the Minister announced a new public policy under which legal immigration status is no longer a requirement for spouses and common-law partners of Canadian citizens and permanent residents in Canada who wish to apply permanent resident status provided that they have an eligible sponsor. However, all other eligibility requirements continue to apply.

Although out-of-status spouses and common-law partners may now apply for permanent residence in the Spouse or Common-law Partner Class, persons without legal immigration status in Canada are unable to work or study and may be subject to removal proceedings at any time for failing to have or maintain legal immigration status in Canada."

Many people believe this protects them from being deported for not having legal status in Canada - it doesn't. See this thread. What would happen, if you managed to get into Canada in spite of your need for an ARC, would be that your inland PR application would be transferred to your local CIC office before anything was even processed. Then it would sit, on someone's desk in a queue, until they get damn good and ready to look at it - all the while, you're still in Canada illegally, on pins and needles, and they know exactly where to find you! Once they get around to processing your application (which could take in excess of a year), they will call you in for an interview, and when you show up - they'll likely remove you from Canada.

You cannot get around the fact that you need an ARC.

 

[edgarsitow]

You're misinterpreting (as many do) the intent of this change to the legislation . . . what it says is: On February 18, 2005, the Minister announced a new public policy under which legal immigration status is no longer a requirement for spouses and common-law partners of Canadian citizens and permanent residents in Canada who wish to apply permanent resident status provided that they have an eligible sponsor. However, all other eligibility requirements continue to apply.

Although out-of-status spouses and common-law partners may now apply for permanent residence in the Spouse or Common-law Partner Class, persons without legal immigration status in Canada are unable to work or study and may be subject to removal proceedings at any time for failing to have or maintain legal immigration status in Canada."

Many people believe this protects them from being deported for not having legal status in Canada - it doesn't. See this thread. What would happen, if you managed to get into Canada in spite of your need for an ARC, would be that your inland PR application would be transferred to your local CIC office before anything was even processed. Then it would sit, on someone's desk in a queue, until they get damn good and ready to look at it - all the while, you're still in Canada illegally, on pins and needles, and they know exactly where to find you! Once they get around to processing your application (which could take in excess of a year), they will call you in for an interview, and when you show up - they'll likely remove you from Canada.

You cannot get around the fact that you need an ARC.

Thank you for your answer RobsLuv!

Alright so now I got it, but I have another question and I hope you or someone else can help.

I asked something similar in another discussion forum and one thing I forgot to mention here, My father was the main applicant for the Refugee claim, I was an accompanying family member (minor at that time) I turned 18 during the whole process, all 4 of us (Dad, Stepmom, Stepbrother (14yo) and me) got a departure order for each, but someone said this to me:

Hi edgarsitow , where you in the same certificate of departure of your father?? because it's written in the ENF 11 page 12 www.cic.gc.ca/ENGLISH/resources/manuals/enf/enf11e.pdf that "Acompanying family members under A42(b) (Immigration act 42(b)) are not considered PDPs and therefore do not require authorization to return to Canada"


Would you mind explaining that to me if you have any knowledge about it? I would really appreciate it!

Cheers!