Our Story - Ideas?

[JIM0511]

My husband came to canada last March 2009 for the birth of our son in May 2009. He applied for a visitor extension in August 2009 and was denied due to not enough evidence of a relationship (we had sent our sons birth certificate pictures etc..)

I had to go back to work to support us in September and have no family in Ontario to help look after my son while I work, so my husband had to stay with me. He applied for his restoration of status and it was received less than a week late over the 90 days. He was then sent a letter stating that it was refused because they haven't received the restoration application in the time allowable. a note - we were married in December 2009, we sent all proof of that along with all the pictures, paperwork etc...

Now the letter states that he has to leave canada. We are very nervous because we have paid for the PR inland application, and almost have all our paperwork ready to go and are unsure what we should do now.

I have no one to look after my son, and I make to much money for subsidy, but not enough for daycare if my husband has to leave canada, not to mention the emotional pain for our son and myself if he has to leave us. All of my family is back in Nova Scotia, i don't want to have to quit my job and move back there with no job. I have been speaking with my local MP, and they say to apply for outbound and he will have to leave Canada. Our lives will change for the worse if this happens.

Any ideas on what we should do would be greatly appreciated.
Thanks

 

[suenim]

If they asked him to leave, he has to leave. The fees that you paid goes for inland or outland. If you have not sent the application as yet, let him leave and apply outland. If he stays and continue with the inland, he may be deported since they already asked him to leave. The reason they denied the visitor ext is because he showed he had no intention of leaving. For the TRV, you have to tell them you are leaving especially since you did not submit the inland app by that time. You sending pics etc with a TRV does not help. It sucks he has to leave but it will be for the best. As for the baby, could you find some childcare arrangements? Did you apply for childcare subsidy?

 

[JIM0511]

If we leave is there any chance he could get back in with us if he shows he started the PR outbound?

Would getting a lawyer help?

 

[Leon]

A lawyer would help you with knowing your options. Being in Canada illegally will not prevent him from applying inland and they normally do not deny people extensions who are applying inland but now that he has already been refused an extension and restoration and they have ordered him to leave, that may not apply any more. If they do come and deport him, he would lose the inland application as he is not in Canada any longer and possibly he would be banned from Canada for a couple of years for not leaving when they told him to. However, if he leaves, you may be apart for a while. You would have to apply outland and having applied for outland will not guarantee that he can get a visit visa to come back. You might have to wait until he gets his PR and that can take months.

 

[locolynn]

If we leave is there any chance he could get back in with us if he shows he started the PR outbound?

Would getting a lawyer help?

He would most likely be denied a vistors visa as he has a pr application in progress and they would suspect (rightly) that he intended to stay.

 

[boasorte]

sorry to hear that. depending on where your husband is from the best thing for him to do would be to leave the country and apply outland. where is he from?
wishing you all the best!

 

[JIM0511]

He is from California. I am hoping he can stay in Rochester with a relative of mine so he isn't so far away.

 

[AllisonVSC]

He is from California. I am hoping he can stay in Rochester with a relative of mine so he isn't so far away.

In what part of Ontario are you living?

 

[sbwv09]

He could try going back to the US and returning for a 'visit' and then applying inland. He could be turned down at the border but they usually allow people to cross without trouble if he can show that he has some sort of US address. As long as they don't give you a document saying otherwise, he can stay for 6 more months, more than enough time to get the application in.

 

[JIM0511]

In what part of Ontario are you living?

Toronto area.

 

[JIM0511]

He could try going back to the US and returning for a 'visit' and then applying inland. He could be turned down at the border but they usually allow people to cross without trouble if he can show that he has some sort of US address. As long as they don't give you a document saying otherwise, he can stay for 6 more months, more than enough time to get the application in.

I spoke to a immigration lawyer today, he said if they instructed him to leave Canada he needs to leave. But we could do some shopping in Buffalo and then try to come back over. I should take my fees I paid for the PR and all the paperwork with me, and be prepared to be raked over the coals with questions. I am hoping to god they will let him come back once they see our situation is grave due to the fact that I am a taxpayer with the same job for over 9 years, and that by not letting him back in, I risk having to leave my job and be unemployed because it takes a year to get subsidy for daycare here. I can't afford for my son to be in daycare and pay full price. I need to work. Its just frustrating as you all know because we are just trying to do things right.

Thanks for listening.

 

[Hycore]

If you can't be together in the end, maybe your husband could work in the U.S. and send you some of his wages in order for you to be able to afford daycare.

Just an idea.

 

[kal1313]

My husband came to canada last March 2009 for the birth of our son in May 2009. He applied for a visitor extension in August 2009 and was denied due to not enough evidence of a relationship (we had sent our sons birth certificate pictures etc..)

I had to go back to work to support us in September and have no family in Ontario to help look after my son while I work, so my husband had to stay with me. He applied for his restoration of status and it was received less than a week late over the 90 days. He was then sent a letter stating that it was refused because they haven't received the restoration application in the time allowable. a note - we were married in December 2009, we sent all proof of that along with all the pictures, paperwork etc...

Now the letter states that he has to leave canada. We are very nervous because we have paid for the PR inland application, and almost have all our paperwork ready to go and are unsure what we should do now.

I have no one to look after my son, and I make to much money for subsidy, but not enough for daycare if my husband has to leave canada, not to mention the emotional pain for our son and myself if he has to leave us. All of my family is back in Nova Scotia, i don't want to have to quit my job and move back there with no job. I have been speaking with my local MP, and they say to apply for outbound and he will have to leave Canada. Our lives will change for the worse if this happens.

Any ideas on what we should do would be greatly appreciated.
Thanks

I know someone that had to go as far showing DNA proof of being the father , they cannot deny that .