Out of Status - fiancé sponsorship situation

[soosoo1194]

Hi there,

I have lawyer consultations soon to discuss as well, but was hoping to see/hear other people’s experiences.

My fiancé has entered Canada 2017 on visitors eta, (approved until end of 2018 for stay) and has worked since now. He is out of status, so roughly 4 years out of status.

We are planning to get married in Canada, however not sure whether to restore his visitors status with the risk of cbsa refusal, or get married, and stay in Canada until application is approved.

I have heard and read situations where if the Canadian spouse initiates an inland sponsorship, he can stay during the process.

How likely are these types of applications rejected? Do they weigh heavily on genuine relationships or moreso on the fact he overstayed?

Thank you for inputs

 

[scylla]

Hi there,

I have lawyer consultations soon to discuss as well, but was hoping to see/hear other people’s experiences.

My fiancé has entered Canada 2017 on visitors eta, (approved until end of 2018 for stay) and has worked since now. He is out of status, so roughly 4 years out of status.

We are planning to get married in Canada, however not sure whether to restore his visitors status with the risk of cbsa refusal, or get married, and stay in Canada until application is approved.

I have heard and read situations where if the Canadian spouse initiates an inland sponsorship, he can stay during the process.

How likely are these types of applications rejected? Do they weigh heavily on genuine relationships or moreso on the fact he overstayed?

Thank you for inputs

It's way too late to restore his status. That is not possible. You will need to sponsor him while he remains out of status.

Demonstrating that you are in a genuine relationship is obviously critical. However a person's history in Canada is also considered to make sure the relationship is in fact genuine and the applicant isn't entering into a marriage of convenience to gain status in Canada. So the long overstay is something that IRCC will consider, as well as the illegal work. Make sure you are 100% honest in the application about his history in Canada and include strong relationship proof.

He can remain in Canada out of status while the application is processed as long as CBSA doesn't initiate removal proceedings against him.

None of us can tell you the likelihood of rejection.

 

[soosoo1194]

How likely are cbsa to proceed with removal during the application process?

 

[scylla]

How likely are cbsa to proceed with removal during the application process?

That's a hard question to answer since each case is individual. Probably on the lower side but no one can really answer that question.

 

[Thom2118]

How likely are cbsa to proceed with removal during the application process?

I was in your situation and my representative suggested to applied for prra with cbsa the application for sponsorship was send and after 2 days I had and inperson appointment with cbsa that my representative make.

 

[Ponga]

Hi there,

I have lawyer consultations soon to discuss as well, but was hoping to see/hear other people’s experiences.

My fiancé has entered Canada 2017 on visitors eta, (approved until end of 2018 for stay) and has worked since now. He is out of status, so roughly 4 years out of status.

We are planning to get married in Canada, however not sure whether to restore his visitors status with the risk of cbsa refusal, or get married, and stay in Canada until application is approved.

I have heard and read situations where if the Canadian spouse initiates an inland sponsorship, he can stay during the process.

How likely are these types of applications rejected? Do they weigh heavily on genuine relationships or moreso on the fact he overstayed?

Thank you for inputs

There is/was an `Administrative Policy' that CBSA [usually] followed regarding a person without legal status and an Inland Spousal Sponsorship application submitted, but as @scylla mentioned it was never meant to be a guarantee.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html#5f

Regulatory stay of removal

"The regulatory stay outlined in R233 will apply to cases considered under the public policy after a positive "step one" or "approval in principle" decision has been made under the regular procedures for the Spouse or Common-law Partner class.

This regulatory stay applies to removal orders if the Minister is of the opinion under subsection 25(1) of the Act that H&C or public policy considerations exist. For cases considered under the public policy, once a positive step one decision is made under the regular procedures for the class (i.e., CIC has received an application which contains evidence that the applicant is married or in a common-law relationship with an eligible sponsor, is living with that sponsor and that the sponsorship submitted is a valid one), an R233 stay will be invoked and will remain in place until a decision on whether to grant permanent residence is made."

Once an applicant has reached the Approval In Principle stage, meaning that the sponsor has been approved, they are likley protected under the aforementioned policy. However, if they are deemed to be `Removal ready' at any time prior to the AIP stage, they would not benefit from the policy.

Read through sections 1, 3, 4 and 5.

The most important thing to do NOW, is to submit the application ASAP! I agree with @scylla that working without authorization is also an issue...perhaps an even bigger issue, but that's merely my opinion. I don't believe that the policy offers any protection for that, but again all he can do is be upfront, honest and perhaps remorseful for that.

 

[soosoo1194]

I was in your situation and my representative suggested to applied for prra with cbsa the application for sponsorship was send and after 2 days I had and inperson appointment with cbsa that my representative make.

sorry what do you mean by prra?
what was the purpose of inperson appt?

 

[scylla]

sorry what do you mean by prra?
what was the purpose of inperson appt?

PRRA:

https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/after-apply-next-steps/refusal-options/pre-removal-risk-assessment.html

 

[Ponga]

Also, be sure to include an Open Work Permit application with the Inland application. Make sure you write (in red ink across the top of the OWP): Process After AIP

This way, he will receive the OWP after he reaches the all important AIP stage. It's important to write `Process after AIP' because if the OWP application is processed before AIP, he would not qualify and would not be able to work until he gets his PR status. He also would not [eventually] have `Maintained Status' (previously known as Implied Status) without the OWP application being submitted at the same time as the Inland application. Very important!

He will still be out of status until he receives the OWP.

 

[Thom2118]

sorry what do you mean by prra?
what was the purpose of inperson appt?

I had a removal order so my representative advised me to deal with cbsa, every case is different but the cbsa officer told me that I wouldn't be remove because my application was being processed and they gave me the option to apply for the PRRA. is a long process but be patient.

 

[Ponga]

Back in 2017 my refugee case was denied so CBSA told me that I need to leave Canada so I decided to stay, automatically when you decided to stay they issued a warrant, that’s what CBSA told me in the appointment and my lawyer too.

Your situation is much different. CBSA told you to leave, but you decided to stay. I hope you get a positive decision on your PR application ASAP!

I had a removal order so my representative advised me to deal with cbsa, every case is different but the cbsa officer told me that I wouldn't be remove because my application was being processed and they gave me the option to apply for the PRRA. is a long process but be patient.

Because you already had a Removal Order, you would not have benefited from the Administrative Deferral Policy. The OP's situation is different; the applicant does not have a Removal Order...yet.

 

[soosoo1194]

Also, be sure to include an Open Work Permit application with the Inland application. Make sure you write (in red ink across the top of the OWP): Process After AIP

This way, he will receive the OWP after he reaches the all important AIP stage. It's important to write `Process after AIP' because if the OWP application is processed before AIP, he would not qualify and would not be able to work until he gets his PR status. He also would not [eventually] have `Maintained Status' (previously known as Implied Status) without the OWP application being submitted at the same time as the Inland application. Very important!

He will still be out of status until he receives the OWP.

Also, be sure to include an Open Work Permit application with the Inland application. Make sure you write (in red ink across the top of the OWP): Process After AIP

This way, he will receive the OWP after he reaches the all important AIP stage. It's important to write `Process after AIP' because if the OWP application is processed before AIP, he would not qualify and would not be able to work until he gets his PR status. He also would not [eventually] have `Maintained Status' (previously known as Implied Status) without the OWP application being submitted at the same time as the Inland application. Very important!

He will still be out of status until he receives the OWP.

Sorry, what does AIP stand for?
If the owp is sent before the pr application, he can still proceed to work?

 

[scylla]

Sorry, what does AIP stand for?
If the owp is sent before the pr application, he can still proceed to work?

The OWP cannot be sent before the PR application.

He will not be eligible to work until the OWP is approved. Anything before then is illegal work.

 

[soosoo1194]

I was in your situation and my representative suggested to applied for prra with cbsa the application for sponsorship was send and after 2 days I had and inperson appointment with cbsa that my representative make.

also, having trouble viewing your account but can i ask how your timeline/application went? is it still in process?

 

[Ponga]

Sorry, what does AIP stand for?
If the owp is sent before the pr application, he can still proceed to work?

AIP = Approval in Principle, which means the sponsor has been approved (most important part of the process) and therefore, the applicant is approved `in Principle', pending medical, criminality, security and relationship checks. Again, he cannot legally work until he actually receives the Open Work Permit and it must be submitted with the sponsorship application package.