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deathandtaxes

Member
Nov 17, 2014
12
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I'm a U.S. citizen and my husband is Canadian.

We fell in love upon meeting during my summer vacation in Montreal last year and got married in Vegas 30 days later. We've been together almost a year now and love each other tremendously, which drove us to this crazy and spontaneous decision in the first place. Upon arrival at Toronto-Pearson in late June '14 back from Vegas, an immigrations officer told us that we have until Christmas to apply for permanent residency, and said that after we send in the application, I don't have to apply for any extensions or do anything as my application will be in processing.

We submitted the PR Inland application and paid for it in December '14. I called CIC in late January because something I read online contradicted what the immigrations officer told us, and they told us that we had to file for an extension "as soon as possible." They sent me an email, which I wound up only scanning through and did not see that there was a 90 day window within which I had to apply for the extension, and that even if I apply, my extension may not be granted.

During the months of January-April of this year, I was also going through some very, very heavy times. I was without a medication that I was on in the U.S. for my severe ADHD because I don't have health coverage in Canada and did not have a psychiatrist. My mental health only deteriorated with time. My husband has been on par with a saint through this whole experience, as his love and patience for me and my situation had been instrumental in me seeking help and subsequently being diagnosed with a serious mental illness which impairs my judgment and moods, among other things.

Fast forward to now - my husband and I start looking at the paperwork for the OWP and status extension, and see that the 90 day window had passed. We are doing our best to not freak out, as other people with similar problems on this forum are being told to leave the country. My husband and I are both independently self-employed, which makes leaving together a little easier to do, but we are both very scared and unsure of how to proceed. Since it's Sunday afternoon, the CIC and lawyers' officers aren't open and I guess I'm just looking for a little peace of mind. My husband desperately wants to stay in Canada and does not want to move anywhere else. This is his home and he is very attached to it.

We have no kids and no criminal records.

I'm just really scared and hoping that someone here can share some advice or knowledge that extends beyond "call a lawyer" and "call the CIC" (which we're doing tomorrow morning). Thank you so very much in advance. Hope someone sees this.
 
Don't panic. Send in your application. My US husband overstayed. We applied Inland (which took about 1 year - 6 months for each stage) and everything went smoothly. Just be honest.
 
figtoria said:
Don't panic. Send in your application. My US husband overstayed. We applied Inland (which took about 1 year - 6 months for each stage) and everything went smoothly. Just be honest.

We applied Inland too, and already sent in the application and paid (also got confirmation that it was received), but we didn't apply for an extension like they told us to. Everywhere on the CIC site, it said that if you overstay, you're basically screwed. Or is it not like that if the app was already sent in and paid for?
 
My understanding is that as long as you have an active application in the system, they will not pursue the matter until a decision is made.
 
figtoria said:
My understanding is that as long as you have an active application in the system, they will not pursue the matter until a decision is made.

Yes, that's what the immigrations officer told us when we came back from getting married in Vegas back in June.

I read this in another post:

It's also worth mentioning that the instruction guide for Inland applicants was revised last September (and again earlier this month) and it now states that legal status is required to apply for sponsorship. This is the only place where this language has been changed (previously said that legal status was not a requirement as long as the applicant had an eligible sponsor). Does this really mean that a person that has applied Inland after September 2014 will be denied if they are out of status? Who really knows for sure, but you should look into this further, IMHO.

So is it possible we may have been told the old way of doing things back in June when we came back from Vegas and then told the new rule in January when I called CIC? If so, does that help us any? We just don't want to be separated and/or told to leave the country.
 
deathandtaxes said:
We applied Inland too, and already sent in the application and paid (also got confirmation that it was received), but we didn't apply for an extension like they told us to. Everywhere on the CIC site, it said that if you overstay, you're basically screwed. Or is it not like that if the app was already sent in and paid for?

You're only screwed, because you submitted an Inland application, rather than an Outland application.

Most people that are IN Canada have no idea that they can actually submit an Outland application, which in your case could have been about 3x faster to process.

The fact that you are now without status, even though you have an Inland application submitted, doesn't guarantee that you'll be allowed to stay, but it does seem that CBSA will usually not pursue any action until you have a decision (or at least AIP, which is the first of two stages required for PR approval).

*EDIT*
I believe that I was the one that posted the information that you just provided. So far, I've yet to find out what this really means, since MANY people without status are still continuing to apply.
 
Ponga said:
You're only screwed, because you submitted an Inland application, rather than an Outland application.

Most people that are IN Canada have no idea that they can actually submit an Outland application, which in your case could have been about 3x faster to process.

God, I wish I knew that back when we applied.
 
Ponga said:
You're only screwed, because you submitted an Inland application, rather than an Outland application.

Most people that are IN Canada have no idea that they can actually submit an Outland application, which in your case could have been about 3x faster to process.

The fact that you are now without status, even though you have an Inland application submitted, doesn't guarantee that you'll be allowed to stay, but it does seem that CBSA will usually not pursue any action until you have a decision (or at least AIP, which is the first of two stages required for PR approval).

*EDIT*
I believe that I was the one that posted the information that you just provided. So far, I've yet to find out what this really means, since MANY people without status are still continuing to apply.

Do you think this will negatively impact the PR application and could potentially get it denied?
 
Call CiC tomorow and ask if u can wildraw you application, and resubmit outland
 
deathandtaxes said:
Would I have to pay again?

not sure in what part of the process u are in, just call them ask about it if u can wildraw with refund, and then resubmit
 
Lamja said:
not sure in what part of the process u are in, just call them ask about it if u can wildraw with refund, and then resubmit
doesn't she need to have legal status in canada if she applies outland?
 
o6ocpaka said:
doesn't she need to have legal status in canada if she applies outland?

Apparently not, because a few people have been successful. Having said that, the only documentation that is found on CIC's website, all references a person that has applied Inland without status. It's also worth mentioning that pretty much every person without status that has contacted a lawyer was told to submit an Inland application.

While it's technically possible to submit an Outland application without status, I personally wouldn't recommend that the OP withdraw the Inland application, because it will only draw more attention to them. At this point, the OP should stay below CBSA's radar (but that doesn't mean hiding in the basement). ;)
 
Ponga said:
Apparently not, because a few people have been successful. Having said that, the only documentation that is found on CIC's website, all references a person that has applied Inland without status. It's also worth mentioning that pretty much every person without status that has contacted a lawyer was told to submit an Inland application.

While it's technically possible to submit an Outland application without status, I personally wouldn't recommend that the OP withdraw the Inland application, because it will only draw more attention to them. At this point, the OP should stay below CBSA's radar (but that doesn't mean hiding in the basement). ;)

I contacted CIC today and, without giving them any sort of personal information, told them my situation. I was advised that I have 2 choices - either stay in Canada illegally until a decision is reached (which may or may not affect the final decision) or leave Canada and submit an Outland application. I'm considering speaking to the local MP about this and getting their advice.

The CIC rep told me not to bother contacting an attorney because there is nothing they can do about my status at this point anyway. Wondering if I still should consult one and see what can be done.
 
deathandtaxes said:
I contacted CIC today and, without giving them any sort of personal information, told them my situation. I was advised that I have 2 choices - either stay in Canada illegally until a decision is reached (which may or may not affect the final decision) or leave Canada and submit an Outland application. I'm considering speaking to the local MP about this and getting their advice.

Don't bother with the MP. The vast majority have little in depth knowledge of the immigration process and may harm rather than help.