Sponsoring a spouse with illegal status?

[acer925]

My spouse wants to sponsor me to stay in Canada, however, I have been in Canada for more than 6 months and I read that after 6 months your visitation status goes to illegal immigrant status. So my question is, if she wanted to sponsor me at this point, would they make me go back to the states for some time or could we just continue while staying in Canada? Thank you.

 

[vonster]

read on:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#sponsoring

Sponsoring a spouse, partner or dependent child
You can sponsor a spouse, common-law or conjugal partner, or dependent children if you are a Canadian citizen or a permanent resident of Canada. To be a sponsor, you must be 18 years of age or older.

You can apply as a sponsor if your spouse, common-law or conjugal partner, or accompanying dependent children live with you in Canada, even if they do not have legal status in Canada. However, all the other requirements must be met.
You can also apply as a sponsor if your spouse, common-law or conjugal partner, or dependent children live outside Canada, and if they meet all the requirements.

 

[Halifax-Maple]

My spouse wants to sponsor me to stay in Canada, however, I have been in Canada for more than 6 months and I read that after 6 months your visitation status goes to illegal immigrant status. So my question is, if she wanted to sponsor me at this point, would they make me go back to the states for some time or could we just continue while staying in Canada? Thank you.

I suggest: the best way forward is this: your spouse goes back to the States. I assume the spouse is American and does not need visa to return back to Canada. Then you can start sponsorship from outside Canada (outland). It is faster and easier. The spouse can visit during the process. Even though you are allowed to start the process from inland while the spouse is out of status, it is still your responsibility to keep in legal status.

 

[BlueDragon17846]

I suggest: the best way forward is this: your spouse goes back to the States. I assume the spouse is American and does not need visa to return back to Canada. Then you can start sponsorship from outside Canada (outland). It is faster and easier. The spouse can visit during the process. Even though you are allowed to start the process from inland while the spouse is out of status, it is still your responsibility to keep in legal status.

Agreed. While it does say on paper that you can apply for PR even if no legal status, you still do not want to give CIC any impression that you have overstayed or are here illegally. It just adds to the processing time and makes them overall skeptical about your application. You are best just leaving and coming back with a visitor visa, then apply for PR when you are legal. Also would suggest applying outland.

 

[acer925]

I suggest: the best way forward is this: your spouse goes back to the States. I assume the spouse is American and does not need visa to return back to Canada. Then you can start sponsorship from outside Canada (outland). It is faster and easier. The spouse can visit during the process. Even though you are allowed to start the process from inland while the spouse is out of status, it is still your responsibility to keep in legal status.

Sorry, Yes Im an American and my girlfriend is Canadian..we are not married yet. Being that my status is "illegal" I guess, would we still be able to get married in Canada? When I came here they asked me questions while they were on the computer but didn't stamp my passport, so I might be in the computer system but how would they know that I've been in Canada this whole time? So I get out of this that although she would be able to sponsor me while me still being able to stay in Canada, it would go much faster in the processing time if I was in the states while we sent the application for sponsorship? Cant I just say I live in the states on the application? Thanks.

 

[BlueDragon17846]

You are right that they have no way of looking up whether or not you left. For all they know, they could at this point assume that you are already back in the U.S. However, right now you are illegal and therefore you being here is a huge risk (ie., what if a cop pulled you over and was super diligent and wanted to check your status, etc.). That being said, you could get married on this trip to Canada, but you are here illegally, so you are running a large risk of major red flags on any application for PR down the road if it is found out that you were overstaying. And of course, there is that nasty consequence of getting sent back to the U.S. without authorization to return to Canada, that nobody wants to go through, especially when you have a loved one here in Canada.

I would strongly recommend this. Go home to the U.S. for now. At least it will give you time to think without risking being caught. Maybe take some time and plan out your wedding. It only has to be temporary. Then, when you are married, apply for PR outland. You are allowed to be in Canada while your outland app is processing, but when you do come to Canada after you are married, be sure to stop in at immigration with your marriage certificate, the receipts of fees for outland PR app, and your girlfriend (then wife). Ask for a visitor visa to stay in Canada, with the receipts as proof that you are going to be applying for PR. But you need to do all this after you are married. Right now, you need to go home.

Also, as a side note, if you are planning a wedding, I would strongly consider getting married in the U.S., depending on what state you are from, because in Ontario it takes at least 10 weeks to get a marriage certificate after your wedding.