Sponsoring my spouse who is here illegaly

[Shipdem]

I am looking to sponsor my husband here in Canada (Ontario). He is a permanent resident of the US but has been here in Canada for 10 months, and we've been married for three. So obviously he has been here over the six month allowance. I didn't read the fine print of sponsorship until now that I've received the marriage certificate and was ready to move forward. The plan was to apply inland until I realized that he would need indication of status (ie. visa) which he doesn't have. What do I do??

 

[truesmile]

By any chance did he "drive" here? If so, he drives home for one or two nights, comes back to Canada and gets another 6-month visit visa. Many forum members are from "just across the border" though (fly and drive), they can speak from actual experience.

 

[Shipdem]

Yes he did drive across the border. We are afraid that if he goes back to the states, they may not let him back into Canada because he has been here for over six months already this year. Yet he doesn't have a passport, therefore he didn't get anything stamped coming in. With that said, another question arises, the inland sponsorship application states that we have to provide a Passport that has been stamped with his most recent entry to Canada...?

 

[scrls5]

He may not have a record of himself entering Canada and he may be able to get away with it.

However, if when driving back he gets an inspection by an agent, or if there is some records of his stay in canada (or lack of proof of his stay in the US would be enough).. trouble ahead!

:S you may want to consult with a lawyer first, as I dont have to remind you that any lie or misrepresentation in your application is illegal

 

[Shipdem]

Yes we do plan on consulting with a lawyer in the next couple of days. But I am hoping to have a more clear understanding of our options before spending $300/hour on an immigration lawyer. I don't plan on any misrepresentation on the application but if there isn't a record of him entering Canada, then technically there is no proof as to how long he's been here. If he were to drive across and get back into Canada without problem, does that mean he has another six month allowance here? Or does he actually need a visitor's visa to come back in?

 

[truesmile]

Being from the U.S. he is visa-exempt and so a visit visa is not required. Some folk have pointedly gone out of their way to get a 'visitor record' when entering Canada (perhaps do a search to see their details). But yes, if he were to exit and re-enter Canada smoothly, he would have another 6-months.

 

[canuck_in_uk]

Yes we do plan on consulting with a lawyer in the next couple of days. But I am hoping to have a more clear understanding of our options before spending $300/hour on an immigration lawyer. I don't plan on any misrepresentation on the application but if there isn't a record of him entering Canada, then technically there is no proof as to how long he's been here. If he were to drive across and get back into Canada without problem, does that mean he has another six month allowance here? Or does he actually need a visitor's visa to come back in?

I would not bother with the lawyer.

From CIC (http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp):

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.

You can file the sponsorship app even if he is illegal. Provided he meets all the other requirements (genuine relationship, no criminal record etc.), his overstay will not affect the decision. CIC doesn't usually deport illegals that have a sponsorship app processing but be aware that it is always a possibility, especially if they suspect the illegal person has been working.

If you wanted to correct his status first, then having him leave and re-enter is the only way. He won't need a visa as he holds an American green card. If he can show proof to the border officers that he will be submitting the PR app (the fee receipt is good) and proof that you can support yourselves without him working, he probably won't have problems re-entering Canada. You can then submit the PR app and not worry about his status.