Need help :(

[Dayna]

I am not sure where to go to ask questions like this, my bf is a foreign worker and his visa is about to expire, he had an employer who was processing his lmo and kept telling him to wait and the result turned out that he waited 8 weeks , the lmo was denied to that company and now his visa requires him to leave canada nov 30. I am a Canadian citizen and am going to be having my first baby in january. I really want him to be here when his baby is born and can't find any info online as to where to turn for help.. He cannot apply for extension bcs it is not 1 month before his visa expires. And the visa he is currently on does not permit him to apply restoration of status. If anyone can point me in the direction to go I would appreciate it greatly. Feeling hopeless and like everything is falling apart. Canadian government and immigration is so unfair. :'( :'(

 

[Ponga]

Hi,

Don't worry. There are many people here that will be happy to help you `think through' any options that you may have. I don't have much experience here, but I'm happy to share one possible option with you.

Have you considered sponsoring him under the Family Class Spouse or Common-Law Sponsorship program? If you have, and you've been living together for 12 months [for Common-Law] (and can prove it, for the most part), that would be an option for you. If you apply with an Inland application, he could stay with you in Canada, BUT would not be able to work until you are approved as his sponsor (~ 11 months, based on the current processing times). The Inland application allows someone with an eligible sponsor, to remain in Canada, without legal immigration status, while the application is being processed. There are caveats if you are NOT approved as a sponsor, such as no appeal rights and he would need to leave Canada within 30 days.

The requirements for the sponsor approval seem very reasonable, and as long as you are not receiving social assistance, you need not worry about how much income you have.

Without knowing more about your relationship, I can't say that this is your best option, but an option nonetheless. Even if you do not qualify under the Common-Law option, you could get married and he could still remain during the process.

Good luck and congratulations on your `New Year' baby!

 

[Leon]

What you need to do right now is for him to apply to change his status to visitor before his work permit expires. He should list in his application that you are going to sponsor him and that you are having a baby. You should write a letter too in support of his letter. He would not be able to work though after his permit expires. It would also help if you can show funds that you can support yourselves without him working.

You say you can't apply for an extension because it's less then 1 month before his status expires. This is wrong. You can apply for an extension at any time before his status expires. Yeah, immigration would like it if you apply a month early but as long as you apply before it expires, it's still ok.

It is crucial that you then get your sponsorship application done and sent in as soon as you can. It's a lot of paperwork. You either need to have lived together as a couple for 12 months or longer and prove it or you get married. You have to prove your relationship and he needs to fill out his background history, get medicals etc.

If you apply to sponsor him inland, you can apply for an open work permit for him at the same time. However, it takes around 10 months to get the first stage approval and work permit so for that long, he can't work. If you can not afford this, you can consider applying outland. That means no open work permit but he would be able to leave Canada after the baby is born and earn money in his home country. If you apply inland, he would have to stay in Canada.