Hi I have been living in Canada on a visitor visa. As of March 6th 2014 my status has expired. I was going to leave Canada but my canadian boyfriend asked me to marry him. He hired an immigration lawyer to fill our spousal application and according to him I can remain in Canada while waiting for the application. I just want to know if whatever he is telling me make sense? please help...
out of status in Canada
- Thread starter Overstayed
- Start date
What your boyfriend is saying is partially trueOverstayed said:
You need to keep a legal status if you want to stay or else you will be considered as illegal immigrant.
In order to keep a legal status you need valid visa.
As it is now, you arent legally in Canada and that can cause you serious problems
You could have applied for an extension of your visitor visa before it expired that would have make you legal. There is every 90% chance that your visitor visa be extended if you've applied based on the fact that you now have a spousal application pending.Overstayed said:
Apart from that, you didn't mention if the spousal application went in before your visitor visa expired.
As far as I know,Overstayed said:
you would need to apply within 90 days of the visa expiry date. That would give you implied status. Even if, you applied on 89th day for an extension you would have implied status. however, 90 days are over, and there is no pending extension application. You are out of status.
lellen
Hero Member
- Mar 20, 2014
- 17
- Category........
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- June 11 2014
- AOR Received.
- (SA) August 7 2014
- File Transfer...
- August 21 2014
- Med's Done....
- May 29 2014
- Passport Req..
- December 24 2014
- VISA ISSUED...
- January 2 2015
- LANDED..........
- 17-02-2015
If you file an application for an Open Work Permit along with the spousal sponsorship application BEFORE your status expires, you'll have implied status.
When your status expires, you have 90 days to apply for restoration, which costs more than any other permit.
After 90 days, you are out of status.
So, did you already file your application? Did you choose to do it through outland route, or inland? You are allowed to file an inland application without status, but that doesn't mean that CBSA (different from CIC) can't give you a removal order if they find out about you. You can't file an outland application while out of status, however.
When your status expires, you have 90 days to apply for restoration, which costs more than any other permit.
After 90 days, you are out of status.
So, did you already file your application? Did you choose to do it through outland route, or inland? You are allowed to file an inland application without status, but that doesn't mean that CBSA (different from CIC) can't give you a removal order if they find out about you. You can't file an outland application while out of status, however.