Spousal Sponsorship on Overstayed Visa (With dependent)

[extcheese]

Hey there, this is a long and sort of convoluted situation so apologies in advance and I am happy to answer any questions although I'm not sure I know what information you need.

My wife and their kid both moved out of an abusive relationship in the United States to live with me in Canada, we got married Oct 2018 and they have not left the country since then.

Since then I have claimed their child as a dependent, they are listed as my spouse on the CRA website, their child attends school. They have not worked since they have gotten here, or done anything to otherwise violate their stay here other than overstaying.

The only thing I haven't done was apply for a spousal sponsorship application, and get both of their PR registration. We lived in a very rural part of Nova Scotia so getting the proper legal paperwork was difficult, and we didn't have the support structure to be able to afford it. I make enough money to support all of us, but the prospect of hiring an immigration lawyer is an intimidating cost.

I have read through a lot of this forum and I understand there is a standard for forgiveness for overstaying their visas, they can't return to the United States since they don't have any family there at all, but we are getting to the point where a PR card is necessary for us to live our lives, we live in the city now and I want to know what steps we should take in order to get everything sorted on the books.

What information will I need in order to apply for this, is an application possible? What are our options, our child is ten years old now and although they have never missed school and have went to the doctor fine without a health card, for her sake I want to make sure she can live in Canada unimpeded.

 

[scylla]

Hey there, this is a long and sort of convoluted situation so apologies in advance and I am happy to answer any questions although I'm not sure I know what information you need.

My wife and their kid both moved out of an abusive relationship in the United States to live with me in Canada, we got married Oct 2018 and they have not left the country since then.

Since then I have claimed their child as a dependent, they are listed as my spouse on the CRA website, their child attends school. They have not worked since they have gotten here, or done anything to otherwise violate their stay here other than overstaying.

The only thing I haven't done was apply for a spousal sponsorship application, and get both of their PR registration. We lived in a very rural part of Nova Scotia so getting the proper legal paperwork was difficult, and we didn't have the support structure to be able to afford it. I make enough money to support all of us, but the prospect of hiring an immigration lawyer is an intimidating cost.

I have read through a lot of this forum and I understand there is a standard for forgiveness for overstaying their visas, they can't return to the United States since they don't have any family there at all, but we are getting to the point where a PR card is necessary for us to live our lives, we live in the city now and I want to know what steps we should take in order to get everything sorted on the books.

What information will I need in order to apply for this, is an application possible? What are our options, our child is ten years old now and although they have never missed school and have went to the doctor fine without a health card, for her sake I want to make sure she can live in Canada unimpeded.

- There is no need for an immigration lawyer. The vast majority of us here have applied on our own.
- The application process is now online. Follow the instructions in the link. Your wife will be the primary applicant and her child will be a dependent in the application. https://www.canada.ca/en/immigratio...ponsorship/spouse-partner-children/apply.html
- The link above will provide you with detailed information on what is required to complete the application. This will include things like your wife getting an FBI certificate from the US and both your wife and her child completing a medical exam (this medical will not be covered by OHIP).
- The overstay will be forgiven as long as your spouse is 100% honest about her immigration history in Canada.

 

[armoured]

What information will I need in order to apply for this, is an application possible? What are our options, our child is ten years old now and although they have never missed school and have went to the doctor fine without a health card, for her sake I want to make sure she can live in Canada unimpeded.

Not an expert in the overstaying aspect, but most of the information is in the basic info / application package of what you will need:
https://www.canada.ca/en/immigratio...mily-sponsorship/spouse-partner-children.html

You do not necessarily need a lawyer, most of this is filling out forms and paperwork. Apart from identity documnts, main thing needed from USA will be police report (FBI). You'll have to look up how to do that from Canada - not that hard.

As to what is 'different' about the application for overstayed - one key thing is she/you MUST declare and admit the overstaying. (Any overstaying/visa refusal too). Not admitting that would cause problems. Disclose. Add a letter of explanation if you like.

Good news is that mostly that'll be it. There's no guarantee, but basically they rarely get around to deporting in cases like this (if they're even aware of it). And the overstay is no bar to getting approved, at all.

Start with the package. Start filling it out and getting the necessary docs. Ask questions as you proceed.

 

[canuck78]

Hey there, this is a long and sort of convoluted situation so apologies in advance and I am happy to answer any questions although I'm not sure I know what information you need.

My wife and their kid both moved out of an abusive relationship in the United States to live with me in Canada, we got married Oct 2018 and they have not left the country since then.

Since then I have claimed their child as a dependent, they are listed as my spouse on the CRA website, their child attends school. They have not worked since they have gotten here, or done anything to otherwise violate their stay here other than overstaying.

The only thing I haven't done was apply for a spousal sponsorship application, and get both of their PR registration. We lived in a very rural part of Nova Scotia so getting the proper legal paperwork was difficult, and we didn't have the support structure to be able to afford it. I make enough money to support all of us, but the prospect of hiring an immigration lawyer is an intimidating cost.

I have read through a lot of this forum and I understand there is a standard for forgiveness for overstaying their visas, they can't return to the United States since they don't have any family there at all, but we are getting to the point where a PR card is necessary for us to live our lives, we live in the city now and I want to know what steps we should take in order to get everything sorted on the books.

What information will I need in order to apply for this, is an application possible? What are our options, our child is ten years old now and although they have never missed school and have went to the doctor fine without a health card, for her sake I want to make sure she can live in Canada unimpeded.

This is significant overstay so it is quite important to deal with this as soon as possible. Technically your step child could be asked to prove they have a study permit or pay for schooling at any point. Their ability to attend school is really dependent on the school board and whether they have a policy to look the other way when it comes to immigration status. That is not the case for all school boards in all cities or provinces. If either your spouse of stepchild needs more significant medical care that could easy be thousands of dollars if not a lot more. If it was a chronic condition those with provincial insurance are usually prioritized and given the waitlists in the Maritimes that could mean not accessing care for chronic conditions. Assume they don’t have emergency travel medical insurance. What is the status of custody of your stepchild? Is the father supportive if his child living in Canada? That will be part of the sponsorship progress. There is no need to hire a lawyer you can file for sponsorship without one as long as you feel comfortable filling out the form. Regularizing their status is what is most important. In general not having family in the US would not be a reason to prevent a return to the US or a reason why she needed to remain in Canada when she arrived in 2017 or 2018. There are also organizations that provide refuge for those fleeing domestic violence. You haven’t mentioned when she originally arrived.

What is the most important is that you try to regularized their status. This is especially important for your stepchild.

 

[Ponga]

Hey there, this is a long and sort of convoluted situation so apologies in advance and I am happy to answer any questions although I'm not sure I know what information you need.

My wife and their kid both moved out of an abusive relationship in the United States to live with me in Canada, we got married Oct 2018 and they have not left the country since then.

Since then I have claimed their child as a dependent, they are listed as my spouse on the CRA website, their child attends school. They have not worked since they have gotten here, or done anything to otherwise violate their stay here other than overstaying.

The only thing I haven't done was apply for a spousal sponsorship application, and get both of their PR registration. We lived in a very rural part of Nova Scotia so getting the proper legal paperwork was difficult, and we didn't have the support structure to be able to afford it. I make enough money to support all of us, but the prospect of hiring an immigration lawyer is an intimidating cost.

I have read through a lot of this forum and I understand there is a standard for forgiveness for overstaying their visas, they can't return to the United States since they don't have any family there at all, but we are getting to the point where a PR card is necessary for us to live our lives, we live in the city now and I want to know what steps we should take in order to get everything sorted on the books.

What information will I need in order to apply for this, is an application possible? What are our options, our child is ten years old now and although they have never missed school and have went to the doctor fine without a health card, for her sake I want to make sure she can live in Canada unimpeded.

Hopefully you will submit an Inland application (SCPLC) ASAP, since only an Inland application provides a level of protection, albeit not an absolute guarantee, to a person that is without legal status in Canada, due to a Public Policy that is [still] in place. While submitting an Outland application from within Canada may be something that you're considering, it would not offer that protection against your wife and her child possibly being removed from Canada.

Do something fast, because time is an enemy right now!

Good luck!

 

[armoured]

What is the status of custody of your stepchild? Is the father supportive if his child living in Canada? That will be part of the sponsorship progress. There is no need to hire a lawyer you can file for sponsorship without one as long as you feel comfortable filling out the form.

This is a really important point, the custody of the stepchild. If the estranged parent won't sign off on letting the child emigrate, the OP may (probably will)_ need a lawyer.

 

[extcheese]

This is significant overstay so it is quite important to deal with this as soon as possible. Technically your step child could be asked to prove they have a study permit or pay for schooling at any point. Their ability to attend school is really dependent on the school board and whether they have a policy to look the other way when it comes to immigration status. That is not the case for all school boards in all cities or provinces. If either your spouse of stepchild needs more significant medical care that could easy be thousands of dollars if not a lot more. If it was a chronic condition those with provincial insurance are usually prioritized and given the waitlists in the Maritimes that could mean not accessing care for chronic conditions. Assume they don’t have emergency travel medical insurance. What is the status of custody of your stepchild? Is the father supportive if his child living in Canada? That will be part of the sponsorship progress. There is no need to hire a lawyer you can file for sponsorship without one as long as you feel comfortable filling out the form. Regularizing their status is what is most important. In general not having family in the US would not be a reason to prevent a return to the US or a reason why she needed to remain in Canada when she arrived in 2017 or 2018. There are also organizations that provide refuge for those fleeing domestic violence. You haven’t mentioned when she originally arrived.

What is the most important is that you try to regularized their status. This is especially important for your stepchild.

Their father abandoned the child and doesn't have any sort of rights over them. My wife has complete custody of them and they are registered with the CRA as a dependent.

They visited once in 2017 and then came down in early 2018, we got married around the time of their visitors visa originally expiring.

 

[extcheese]

This is a really important point, the custody of the stepchild. If the estranged parent won't sign off on letting the child emigrate, the OP may (probably will)_ need a lawyer.

Yeah they (legally and in all senses of the word) abandoned their rights of the child, that's how she was able to come up here in the first place. He hasn't been in contact for 5+ years

 

[Ponga]

So...about that Inland applicant application being submitted ASAP?

 

[extcheese]

So...about that Inland applicant being submitted ASAP?

Yeah I am going to get started on that and fill the form out over the weekend. I am relieved to hear there is a forgiveness for overstays.

 

[Ponga]

More info regarding the lack of status for an INLAND applicant for Spousal Sponsorship (see Section 4 and 5(F)):
https://www.canada.ca/en/immigratio...on-refugee-protection-act-spousal-policy.html


You can do this...just be completely honest in the application(s) and come back here when you need more help!

 

[armoured]

Yeah they (legally and in all senses of the word) abandoned their rights of the child, that's how she was able to come up here in the first place. He hasn't been in contact for 5+ years

You and your spouse seriously need to look at this carefully - it's not enough to say that in 'natural justice' or whatever other concept you have in your head, the father 'gave up' his rights.

I agree with you. But you NEED this to be documented, in legal/court terms, with zero ambiguity.

I hope I'm wrong, or that I have misunderstood / misconstrued what you've written - but this is 100% the most important and difficult part of your spouse's application. The overstay aspect is a tiddle in comparison.

[As a side note, I'd estimate that something like 80+ % of applications with stepchildren EVEN WHERE the applicant-parent has full custody get (technically redundant) requests to have the non-custodial parent sign the form giving permission to emigrate. IRCC takes this issue of custody/permission EXTREMELY seriously, even where the applicant-parent has custody. There's a complicated issue that in some jurisdictions 'custody' has a very different meaning / limitations, and it doesn't help that there are 50+ jurisdictions in the USA.]

So I apologize and repeat: if there is any part of your app that's going to be difficult, it's this - and if there's any part that may require services of a lawyer, it's this. I'm not saying this to scare you but to encourage you to take it seriously.

Hope i"m wrong.