Spousal sponsorship

[KKRSTNA]

Is it possible for a U.S citizen to obtain a TRV? If I'm granted one, could I work while in Canada without a work visa?

 

[scylla]

Is it possible for a U.S citizen to obtain a TRV? If I'm granted one, could I work while in Canada without a work visa?

No - you can't work in Canada on a TRV. You need a work permit.

 

[computergeek]

I am just new here and seems this site seems very helpful specially for my case. I am already overstayed for close to one year now. I also had given a letter telling me to leave the country ( Canada) as soon as possible. But I have a long time boyfriend and we were living together since 2010. Can he be able to sponsor me? What can I do now? pls help me....

First, what is the deadline of your letter, because you do not want to have a departure order convert to a deportation order. That's a lifetime ban on returning to Canada. Of course, there's a process involved in correcting that situation.

Why did they serve you with a removal order?

If it is only because of overstay and not for any other reason (e.g., criminality) then as long as the departure order has not changed to a deportation order, you may file an inland sponsorship application - you meet the "common law partner" definition, though you do need to prove it to CIC. It is the public policy of CIC (and CBSA) to postpone enforcement of the departure order until such time as a decision has been made on the application. But if it's a deportation order, you need to speak with an attorney, because your case is now complicated.

If you leave Canada, your partner can sponsor you still. If you have a deportation order (and hence a lifetime ban) then you will need to also apply for an "Authorization to Return to Canada" (ARC), for which there is an additional fee and additional time to process an application.

 

[computergeek]

No - you can't work in Canada on a TRV. You need a work permit.

Unless you fall into the oddball categories that do not require one (like being a fishing guide on a body of water that is in both the US and Canada...) The rules wouldn't be much fun if there weren't lots of exceptions to them to keep us on our toes.

 

[ccgirl39]

thanks you computergeek. I also read your reply about the maintaining legal status and you qoute about the spousal public law something...thank you so much. I am so enlightened. now.

 

[ccgirl39]

I will quote here. I was sent a letter when I applied for a restoration. My agent overlooked my work permit for he kept posponing our meeting about the filling of my work permit...I never ever committed any crime here or any fraud whatsoever....the letter goes like this..." You are a person in Canada without a legal status and such are reuired to leave immediately. If you do not leave Canada, enforcement action will be taken againts you...

 

[computergeek]

thanks you computergeek. I also read your reply about the maintaining legal status and you qoute about the spousal public law something...thank you so much. I am so enlightened. now.

The public policy for out-of-status applicants for the "in Canada spouse/partner" class sponsorship applications. Yes. But if you don't leave and you don't get that application in before you have a deportation order, you have a serious problem.

 

[computergeek]

I will quote here. I was sent a letter when I applied for a restoration. My agent overlooked my work permit for he kept postponing our meeting about the filling of my work permit...I never ever committed any crime here or any fraud whatsoever....the letter goes like this..." You are a person in Canada without a legal status and such are required to leave immediately. If you do not leave Canada, enforcement action will be taken against you...

That's not a removal order. A removal order says "you must leave by XXX date and your departure must be confirmed by CBSA".

http://www.cbsa-asfc.gc.ca/media/facts-faits/051-eng.html

My read is that CIC is saying they will refer you to CBSA for enforcement action. If you wish to stay, you need to get your in-Canada class application put together and filed ASAP. Fortunately, you're "only" out-of-status.

Your "agent" did not serve your interests.

 

[ccgirl39]

so it means I must leave as soon as possible? My boyfriend would come with me and stayed for lets say a year. Is he still eligible to sponsor me outland?

 

[KKRSTNA]

If me and my boyfriend get married during my visit, how soon after our wedding could we apply to sponsor me as his spouse?

 

[ccgirl39]

I wish I can post the whole letter here but this site wont allow me...oh thank God...its still a hope for me....

 

[computergeek]

If me and my boyfriend get married during my visit, how soon after our wedding could we apply to sponsor me as his spouse?

Generally, you need the marriage certificate, which takes anywhere from 2 weeks to 2 months, depending upon the province.

Once you have that, you can send off the application

 

[computergeek]

so it means I must leave as soon as possible? My boyfriend would come with me and stayed for lets say a year. Is he still eligible to sponsor me outland?

If your common-law partner is a Canadian citizen, he may come and live with you while the sponsorship is being processed. If he is a PR, he must continue residing in Canada - he is allowed to leave for vacations, but that's it.

 

[ccgirl39]

My boyfriend is Canadian, born and raised here...

 

[ccgirl39]

Thank you so much computergeek...you are a good help with my problem...