Need desperate help, inland sponsorship for boyfriend but no status.

[csin123q1]

Hello everyone. I would like to thank all those people who are on these forums and replying to the questions of thousands of people who are having troubles.
My situation as you might have guessed it is pretty dire. My boyfriend's visa and passport expired roughly 4 yrs ago but he did not go back and overstayed. I did not know about the situation at that time but when i did find out i was extremely distraught as i cannot think of being without him. We have visited some lawyers for advice on what the options are as to whether i can sponsor him inland and marry him.
I am not well versed in the laws and i have browsed these forums looking for any thread that would help me in this process. The lawyers said that it is possible for me to marry him and then apply for inland sponsorship but the problem being that he does not have a valid passport.
Is there anything that can be done at all or does he have to go back to his home country ( India ) and do we start the process from there. In any case how will he get a passport to travel from Canada to India if that is the last resort since he does not have a valid visa to apply for the passport renewal.
Please if anyone can provide any information , i will REALLY appreciate it . At this point i am at a total loss of what to do and i do not want to contact the Indian Consulate in fear that it might cause problems.

 

[S92]

We applied outland but i extended my status and stayed in Canada cuz i didn't wanna leave my wife, when we were preparing the application i needed very important documents from my government (Israel), what i did is i ordered and got them mailed to my parents house and then got my parent to privately mail them to a Canadian address and thus i didn't have to leave the country and i got what i wanted without complications.
If i was him, i'd renew my passport by filling whatever application it is and having it mailed to whoever process it in India, and indicate his parents or family address in India so they'll be the ones who get his new passport, then just mail it to him as letter envelope to the Canadian address.
For me it worked, Hope that help.
Good luck!

 

[scylla]

I don't see he has any choice but to contact the Indian Consulate. You can't start the sponsorship process without a valid passport.

I don't see there's anything stopping you from marrying him and sponsoring him - again, as long as he gets a valid passport.

 

[Buletruck]

The lack of valid personal identification may be a bit of a stumbling block to getting married as well. In Alberta at least, some form of current government issued ID is usually required, or the birth certificate and landing documents of the applicant. I doubt you have any of the required ID. If you go to the Indian consulate/embassy to renew his passport, I can't see them not reporting him as being in the country illegally to the Canadian Government.

If i was him, i'd renew my passport by filling whatever application it is and having it mailed to whoever process it in India, and indicate his parents or family address in India so they'll be the ones who get his new passport, then just mail it to him as letter envelope to the Canadian address.

The issue I see with this idea, is that when you apply for the Spousal PR, we were asked for copies of the current passport and entry stamps, along with expired passports. They will know he isn't in the country legally.

Ultimately, I don't see anyway around CIC finding out he's overstayed. It's only my opinion, but the best thing to do is bite the bullet and get the formalities of overstaying out of the way now. It will make the whole situation less stressful and you can move on to sponsoring him without trying to circumvent the system.

 

[Ponga]

I agree with what others have already said.

His lack of status will not, in and of itself, mean that his sponsorship application will be denied.

His lack of having a valid passport WILL, because it IS a requirement.


I suggest he figure out how to get the passport ASAP, and then deal with whatever the next step will be.


Good luck!

 

[csin123q1]

The lack of valid personal identification may be a bit of a stumbling block to getting married as well. In Alberta at least, some form of current government issued ID is usually required, or the birth certificate and landing documents of the applicant. I doubt you have any of the required ID. If you go to the Indian consulate/embassy to renew his passport, I can't see them not reporting him as being in the country illegally to the Canadian Government.

The issue I see with this idea, is that when you apply for the Spousal PR, we were asked for copies of the current passport and entry stamps, along with expired passports. They will know he isn't in the country legally.

Ultimately, I don't see anyway around CIC finding out he's overstayed. It's only my opinion, but the best thing to do is bite the bullet and get the formalities of overstaying out of the way now. It will make the whole situation less stressful and you can move on to sponsoring him without trying to circumvent the system.

I understand you. We have got his birth certificate and have confirmed that it would be enough to get married. When you saw get the formalities of overstaying out of the way , what do you mean by it? Like go to CIC and tell them and then follow what they say?

 

[Ponga]

Here's my $0.02:

He needs to get a passport ASAP, so that he can submit a spousal sponsorship application as soon as you are married. Submitting the application is one way to `start the ball rolling', regarding his lack of status.

He can then submit an Inland application and hope that he is not removed from Canada during the process, or...submit an Outland application (while in Canada) and hope for the same, but if he is removed, the Outland application will continue to be processed.


Inland applications offer some protection from removal, although it's not guaranteed.

 

[Buletruck]

When you saw get the formalities of overstaying out of the way , what do you mean by it? Like go to CIC and tell them and then follow what they say?

Yes. Go to CIC. There's no way to sponsor him without a passport. Either he goes to the embassy in Canada and applies for a new passport (at which time they will probably report him as having overstayed) or he goes back to India to get one. Either way, CIC and CBSA will probably find out he's here illegally. Personally, I'd rather be the one to tell CIC, than end up having someone else do it for me.

We have got his birth certificate and have confirmed that it would be enough to get married.

I find it difficult to believe that if he has an Indian birth certificate, that a provincial government body would accept just a birth certificate with out proof of status in the country. I'd dig a little deeper into that one as well.....