No Status - need advise

[Mrs.Fernandez]

I married my husband while he had a visitor visa (he was on the extension at this point)
We did the paperwork for Inland sponsorship, this took longer than expected getting everything together, but his extension had expired by the time we sent it to CIC.. what took the longest was waiting for our marriage certificate to be able to send the application. My husband remained in the country without status.
My lawyer said that everything is ok - but we (my husband and I) are super paranoid now, because he currently has no status here in Canada.. and we are waiting for the application to process/be assessed, etc.
Just needed some advise as to if there will be any problems with the application being approved because he remained in the country without status?
Lawyer said, "you are now married.. you are canadian.. so they can't kick him out. Application is in limbo/in process, he has no status, so do thousands of other people waiting for their papers to stay in this country. Nothing is going to happen" -
Does anyone have any advise for me?
Thank You!

 

[Aquakitty]

How long has he been out of status? Is he from a visa-exempt country?

 

[Ponga]

My lawyer said that everything is ok - but we (my husband and I) are super paranoid now, because he currently has no status here in Canada.. and we are waiting for the application to process/be assessed, etc.
Just needed some advise as to if there will be any problems with the application being approved because he remained in the country without status?
Lawyer said, "you are now married.. you are canadian.. so they can't kick him out. Application is in limbo/in process, he has no status, so do thousands of other people waiting for their papers to stay in this country. Nothing is going to happen" -
Does anyone have any advise for me?
Thank You!

Your lawyer is sadly mistaken, because some people without status (even if they have an Inland application) ARE removed from Canada. The numbers may be small, but there's no way that he can guarantee that your husband will be allowed to stay.

 

[Mrs.Fernandez]

@Aquakitty
He has been out of status since July/August 2015. By the time we sent the application, he was already out of status.
He didn't need a Visa to come to Canada. (Spain citizenship)

 

[mevisbleek]

I married my husband while he had a visitor visa (he was on the extension at this point)
We did the paperwork for Inland sponsorship, this took longer than expected getting everything together, but his extension had expired by the time we sent it to CIC.. what took the longest was waiting for our marriage certificate to be able to send the application. My husband remained in the country without status.
My lawyer said that everything is ok - but we (my husband and I) are super paranoid now, because he currently has no status here in Canada.. and we are waiting for the application to process/be assessed, etc.
Just needed some advise as to if there will be any problems with the application being approved because he remained in the country without status?
Lawyer said, "you are now married.. you are canadian.. so they can't kick him out. Application is in limbo/in process, he has no status, so do thousands of other people waiting for their papers to stay in this country. Nothing is going to happen" -
Does anyone have any advise for me?
Thank You!

It would be nice if you let us know if your spouse is from from visa exempt country or not. I'm from a visa required country. I was previously on student visa which ran out then I got work visa for 1 year. I was sponsored Outland when I had just 1 month left on my work visa. When the wp expired I applied to remain in canada as a visitor a that was approved. I drafted a cover letter to let the VO know that I wanted to remain I canada because my pr was been processed in Buffalo

 

[Mrs.Fernandez]

@mevisbleek
He didn't need a Visa to enter Canada. He has European citizenship from Spain.

 

[Alurra71]

@mevisbleek
He didn't need a Visa to enter Canada. He has European citizenship from Spain.

He is not Canadian, as your lawyer put it. He can be 'kicked out' but the odds are very slim. He will not qualify for the early OWP because he is out of status, but as soon as you get sponsor approval he could then apply for the OWP which would give him a status. Until then, I would just keep my head low and stay out of trouble. Odds are against them coming to look for him because he didn't apply to extend his visitor status, but if he shines a light on himself he is at greater risk.

Honestly, you should've file an Outland application for him. It would be far quicker to finalization vs Inland. Good luck either way.

 

[Mrs.Fernandez]

@Alurra71
Thank You for your input. When we sent the application he was already on the Visitor extension. He had been here for over a year already as a visitor. He wasn't granted another (a 2nd) extension on his visitor visa.
We had to wait a long time for our marriage certificate, as to why the application was sent so late. But you are right, my lawyer said the same thing. Keep your head low and stay out of trouble!
I asked about Outland application, however, my lawyer said because he had been in the country for almost 1 year we should apply inland.
Either way, the application has been sent. I guess we have to wait to see what happens next.
And also, a AOR (Acknowledgment Of Receipt) for my application sent on October 17/15 still hasn't arrived. Any idea how long that takes????

 

[Alurra71]

@Alurra71
Thank You for your input. When we sent the application he was already on the Visitor extension. He had been here for over a year already as a visitor. He wasn't granted another (a 2nd) extension on his visitor visa.
We had to wait a long time for our marriage certificate, as to why the application was sent so late. But you are right, my lawyer said the same thing. Keep your head low and stay out of trouble!
I asked about Outland application, however, my lawyer said because he had been in the country for almost 1 year we should apply inland.
Either way, the application has been sent. I guess we have to wait to see what happens next.
And also, a AOR (Acknowledgment Of Receipt) for my application sent on October 17/15 still hasn't arrived. Any idea how long that takes????

When filing an inland application many folks never receive an AOR. If you used a lawyer to file your application it is likely that he will receive all the communications from CIC anyhow. They are notoriously sent to spam folders, so he/she should be checking that, but hopefully he/she knows that.

You can't really check your status online without getting the AOR either because you need the F# at a minimum.

Call your lawyer/representative to see if they got it yet.

 

[Mrs.Fernandez]

@Alurra71
I know I can't check status without a file number. GRR!
But do you think this long wait of 3months+ is normal for AOR?

Lawyer says he hasn't received anything.
He touches base with me often, so I'm sure if he gets anything he would let me know as soon as he does.
But YES I will remind him to check his junk folder.

 

[Alurra71]

@Alurra71
I know I can't check status without a file number. GRR!
But do you think this long wait of 3months+ is normal for AOR?

Lawyer says he hasn't received anything.
He touches base with me often, so I'm sure if he gets anything he would let me know as soon as he does.
But YES I will remind him to check his junk folder.

For inland applicants, no, not a long time to wait. As I stated, some folks NEVER get them and don't know what's going on until they finally receive sponsor approval about a year in or so...

You can try calling CIC helpline to see if they have it listed in their db. If they do, they MIGHT give you the file numbers or have another AOR issued...Can't hurt to try, will just require some time and patience on your part while calling/dealing with them.

 

[Mrs.Fernandez]

@Alurra71
THANK YOU SO MUCH!
You have been extremely helpful!!