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Out of Status Spouse

Oldmacwright

Hero Member
Aug 18, 2017
404
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The situation you described is pretty much what I'm going through at the moment. I've been here since the end 2016 and I had extended my my stay 4 times. At first we were going to apply under common-law but then we decided to get married since we had been engaged since 2015 so we ended up getting married in 2017. At first we thought that we had to wait 1 year after the marriage to apply then we found out that we didn't have to wait that long. We started filling up the forms several times but since I have never worked here and my husband is the one supporting me we had to save money to apply. My passport expired in September last year and I wasn't able to get a new one until November due to some issues with the government (I hadn't voted for the last 3 elections and voting is mandatory in my home country). As last year was the presidential election and the whole system was in recess from May to November and it wasn't processing any new applications until then. By the time I was able to get a new passport I was out of status but still within the 90 days required for restoration. I applied for restoration and was expecting a new visitor visa. But I got refused on January 5th and I have been officially out of status for about a month now. We are trying to submit our application ASAP and I'm scared I'm gonna be sent back home but so far everything I've read says that it's a very small possibility. I would like to know if it has worked out for you and If you got your police clearance certificate before or after being out of status. I'm so scared of going to the police and being arrested. Please, any information would be very helpful.
Hi, yes everything worked out perfect in the end, she landed last July, took approximately 11 months from the date the application was received!

We got her PCC from her home country a few months after her status had expired, I wouldn’t worry about that, the PCC is from your home country and is just a quick check to see if you have any criminal records there, they aren’t going to know or care about your immigration status in Canada.

The sooner you get the PR app the better, even in worst case scenario that the CBSA get involved (they never did in my wife’s case) once you have the PR app in process it’s unlikely you will be removed.
 
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