Sponsoring an Illegal Mexican immigrant

[Bluesky2010]

Hello everyone,

I am planning to sponsor my boyfriend for PR in Canada. In July we will have been living together for one year and then we are planning to apply as common-law partners.

He is from Mexico and has been living and working here (under the table, mostly in cash) since Feb 2008 when he overstayed his student visa.

Should we apply inland or outland? Here are the considerations:

Inland: We would really like him to get a legal work permit as soon as possible, which is why inland sounds appealing since we could apply for the work permit with our application and hopefully get it after 6 months? However, we are worried that there may be complications applying while he is illegal and that it would take a really long time or be denied.

Outland: We would still be applying while we are living in Canada. It just sounds a lot faster to apply outland. However, if he has to go to Mexico for an interview, we don't know how long we might be seperated for since I am beginning a Masters degree in the fall and wouldn't be able to join him.

Any thoughts or advice would be really appreciated! We are trying to figure all this out so we can start planning for the future... a wedding is not too far off, and we'd like to buy a house together in the next couple years too

 

[Fernandita]

Ohhh, If he is illegal, i dont think you can apply outland because you need to have a valid status in Canada otherwise your application will be refuse... And inland im pretty sure you have you have a valid status...

 

[Bluesky2010]

Well i know that i can apply inland even if he is illegal, it says so on the website...

"If I have overstayed my visa or visitor record or if I have been working or studying without a permit, can I apply for permanent residence under the Spouse or Common-law Partner in Canada Class? If yes, how do I apply?
Yes. You can apply for permanent residence under a public policy that creates exceptions to the Spouse or Common-law Partner in Canada Class, if you are still in Canada."

I'm not sure if we can apply outland if he's illegal in canada though.. anybody know?

 

[Fernandita]

mm Sometimes you never know with immigration, I just know somebody that she is from mexico, and she was illegal in Canada, she got married and had a child here in Canada... Immigration Deported her.. and now after 2 years she can't come back to Canada... She is appealing....

 

[girlfromthenorthcountry]

maybe you should ask immigration their advice on the subject and what would be your best option to avoid deportation.

 

[Bluesky2010]

I think i'll have to ask immigration. I can't get through on their blasted help line though. It doesn't even put you on hold, just asks you to call back later. Very frustrating. Does nobody have experience applying for PR after they've overstayed their visa??

 

[girlfromthenorthcountry]

i am in mexico now on a visa that has expired and i'm planning to apply to sponsor my boyfriend who IS mexican but once we get to Canada so I don't think my visa thing will matter... it's so easy for Canadians to just leave Mexico for a day or so to renew their visa but it isn't fair that it's hard for Mexicans to do the same for Canada and that your boyfriend may now have problems due to overstaying his visa.... I am sorry you are having troubles with it all and I know it isn't fair

 

[matthewc]

If he wants to stay in Canada, and doesn't need to leave, then I would recommend you apply inland. As long as you have lots of evidence of a genuine and continuing common-law relationship, this is exactly the sort of case where it makes sense to apply inland, and take advantage of the spousal public policy that allows out of status inland applications.

 

[suzanne_m]

I think you can apply outland even if he is illegal, but he will not be able to work while he is waiting for the application to be processed. If you apply inland, your application could be sent to the local cic for further investigation because of the illegal status, which can delay things.
My boyfriend who is mexican was also illegal, and we applied inland. Our file was sent to Edmonton, but it was processed in less than a year. Initially we were told that it could be 18 to 24 months. My boyfriend had spoken to someone from immigration who suggested that he withdraw his application and leave the country and reapply from Mexico, we decided to wait another month and we were glad that we did because it looks like he will be getting his pr in April.

 

[matthewc]

If the only problem with his status is overstay, or being out of status due to having worked illegally, then the application won't necessarily be transferred to local CIC, as long as the rest of the application is in order and there are no doubts about the genuine nature of the relationship. Being out of status certainly makes a transfer to local CIC possible, but it's not automatic. See IP 8, 5.27:

http://www.cic.gc.ca/EnGLIsh/resources/manuals/ip/ip08-eng.pdf

 

[suzanne_m]

Which is why I said it "could" be transferred like mine was.

Bluesky, you can apply Inland and Outland, both have their pros and cons. Best of luck with your application. Hope yours goes smoothly. Even if it does get transferred to the local CIC, stay positive.

 

[Fernandita]

For outland application...

yes to #1...yes, absolutely to #2...and for #3, I'm not sure if you can apply for a work permit concurrently with PR apps, but always always always, make sure you have legal status in Canada (visitor or student visa) if you are going to stay here while your app is in process.

...

 

[Bluesky2010]

Thanks everyone for your replies. Especially Matthew, thanks for the link - i've got a lot to read now.

What happens if we apply outland and he's still in Canada? Can they give him a departure order and then he won't be able to come back for a year? We're so stressed about what happens if he gets caught...

Thanks again!

 

[sommy747]

You are allowed to apply for permanent residence in the spouse or common law class when you are out of status but you are subject to deportation removal at any time during the process. Suggest you go into hiding pending the application process until your interview if required. You can never know who the CBSA chooses to deport and how they obtain info on who to deport and when . The may act on informants so you should keep a low profile

 

[Julesgems]

Hello Bluesky,

Any luck in the process in getting your Mexican perminant status? I am looking to do the same with my common-law boyfriend and need a little help. The forms read like bad stereo instructions and make me dizzy

Any help is appreciated.

Regards.