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Received AOR, questions regarding work permit application and passport renewal

csin123q1

Member
Apr 10, 2015
14
0
I did not find any button to edit post so i have to make a new post

Hello everyone. I would like to thank all those people who are on these forums and replying to the questions of thousands of people who are having troubles.
My situation as you might have guessed it is pretty dire. My boyfriend's visa and passport expired roughly 4 yrs ago but he did not go back and overstayed. I did not know about the situation at that time but when i did find out i was extremely distraught as i cannot think of being without him. We have visited some lawyers for advice on what the options are as to whether i can sponsor him inland and marry him.
I am not well versed in the laws and i have browsed these forums looking for any thread that would help me in this process. The lawyers said that it is possible for me to marry him and then apply for inland sponsorship but the problem being that he does not have a valid passport.
Is there anything that can be done at all or does he have to go back to his home country ( India ) and do we start the process from there. In any case how will he get a passport to travel from Canada to India if that is the last resort since he does not have a valid visa to apply for the passport renewal.
Please if anyone can provide any information , i will REALLY appreciate it . At this point i am at a total loss of what to do and i do not want to contact the Indian Consulate in fear that it might cause problems.

So that is the background story. Fast forward to now. We have been successfully married. Received the marriage certificate. Got a immigration consultant to start filing everything. When we are about to go and confirm the final papers and submit the application the immigration consultant asks us that we are required to have a police clearance from Canada to start the application. When we first went to the firm we had made it clear regarding lack of ID and no status. So now we are in so much stress and do not know what to do.... .
I have called the Indian Consulate and they confirmed that to need his passport they would require a letter from Refugee Board stating he has not applied for refugee status and another from CIC to confirm he is not a canadian citizen. Doing further research we found out that once we receive the intial reference number from CIC when the application is filed, we can show that to acquire a immediate passport ( validity of 1 yr) .
Now to the current problem at hand, which is the police check. I called Toronto Police office and spoke to their call center(sorry if i am wrong). We said we just have a birth certificate, marriage certificate and expired passport. After some thinking the lady on the other side said it should not be a problem and we can come in to get the police clearance. This worries us a lot since as you know its the police and we are terrified as to what can happen if we just show up at the police station for it ( i do not intend to allow him to go there just in case...) .
TLD: Applying for Inland spousal. Boyfriend ( now husband ) has no status or id(expired passport , birth certificate and marriage certificate . None of which are valid ID's as far as i know.) . Can get passport once reference number is received. Need to get Police Clearance to get the application started.

IF anyone can provide any insight regarding this please do help. Currently at a loss for solutions . We are still trying hard to find a way. Thank you all.
Update is as follows :
Applied on July 19th. Received my AOR on August 11th
Does anyone have any experience with going to the Indian consulate in Toronto to renew passport . People i have asked said if i have my AOR i should be able to get it renewed. The Embassy website states as follows :
If the passport has expired for more than three years, the applicant is required to submit an Affidavit in the prescribed format (please see under forms) stating non acquisition of Canadian or any other nationality /Search Letter from the Canadian authorities that applicant has not acquired Canadian citizenship AND Personal Particular Form (in triplicate) for Police Verification .
Does this mean either of them ?

Also,
once I have recieved my passport can I apply for work permit now, so they can have that also while assessing my file or do I have to wait for AIP? I just want to save time and not have to wait 2 more months after receiving AIP to get a Work permit. I think it would be safer to wait for AIP and then apply for work permit .
Thanks you guys , you all have been the best help i can ever receive.
 

bk2001050

Full Member
Aug 14, 2016
24
1
Hello csin, I have some personal experience in this matter and can share some insight. Your husbands situation is pretty bad as you must have realised by now. Yes you can sponsor him via inland route, but this route is perhaps one of the hardest ones out there especially for someone in his situation. He will need a valid passport before CIC seeks to give him permanent residence. If he admits to an agent that he isnt able to acquire one then the application will be refused. CIC will request a valid passport at a later date so try and get that renewed ASAP. Also he will need police certificates from India which can only be issued with a valid passport, and without which he will be declared inadmissible and the application will be refused. Also you do no need police clearance from canada at all, your consultant is completely wrong and you took a huge risk going to the Police station in the first place. CIC does their own background checks through RCMP and Csec so they dont need any police certificates from canada. Secondly just because you have applied does not mean that he is safe. If CBSA becomes aware of him, if someone complaints or calls them and reports him working or has a fight/grudge etc. they will remove him right away and there is nothing anyone can do to stop it. Dont mention his status and situation to anyone at all and dont take names in your posts on this forum. Also never admit to an agent that he has worked or studied illegally in canada otherwise the application will be denied right away. He cannot apply for a work permit or study permit until you get AIP which is approval in principle which will take about 12-16 months maybe more depending on current processing times. Also remember in his case since he has shown a strong desire to stay in Canada, CIC will thoroughly investigate him, be extra careful on his application, try and find some loophole/technicality to reject him on. The biggest issue will be the genuineness of your marriage so if they think that you were married just to acquire status it will be rejected. Remember it doesnt matter in theory if your relationship is genuine, it only matters what you can prove on paper. Make sure you combine everything, have joint bank accounts/credit cards, joint wills, insurance naming him beneficiary, letters and ids with your current address, change your last name to his, joint loans or mortgage or life insurance, tenancy agreement and rental receipts, utility bills in both names, pretty much everything that shows you are truly married and living together. Paperwork is extremely important because they might ask for it at a later date to prove you are still together. The worst case will be if he gets called in for a interview but that will be way down the road. Also do not leave canada at anytime for any reason or the application will abandoned.

Now tell me this, how did you find out about the initial reference number and immediate passport? Is this your own research or the consulate in toronto told you this and if so, has he been able to acquire it?