Me and husband been married for 7 years, we have 2 kids age 4 and 6yo. My husband claimed that while we were still living in Singapore, he applied for my PR in Canada High Comm over 5 yrs ago but he never seem to get my paperwork sorted and when we decided to move to Canada (he and our kids are canadian) in nov 2014, the Immigration officer at that time seem to see something on my file but couldn't access into it, as such, he granted me a year visa in hoping the PR application will be sorted out by thn. My husband told me that he send my visa extension out in Oct 2015 and he assured me that CIC officer saud it takes awhile to process as they hv backlog, days and months past and I still did not received any information and i asked him how did he apply, he told me through mail. I got frecked out bcos what if its lost in the mail etc. yesterday I finally confide to my friends about it. They help me create cic login account, we couldn't find any information pertaining to my visa extension. I called and talked to my husband about it while i am there, somehow he called border police and he claimed i was under implied status. So my friends suggested to make a trip down to the Canada border to enquire and straighten out. The border police were very kind and helpful, he tried his very best to search but there is no record showing in their system and bcos I have exceed 90 days restoration period, he told me to contact CIC or an immigration lawyer. My question is somehow my not IT savvy husband and very terrible in keeping his paperwork in file couldn't find the slip he paid to the bank to cic for my visa extension (we are still looking for it), and I have no intention to stay in canada illegally and throughout this time when I am in Canada. I was taking care of my 2 young kids, I want to make Canada my home. I donate blood in red cross for 3x & still counting, I m actively volunteering my time to the community. Will CIC deport me back and if so, will I be ban to enter canada? While I am back home, can I reapply my PR, do I need an ARC to enter? I am worried about my kids if I have to leave and for this case, it is purely negligence in our end.
spouse with 2 young kids overstay due to negligence
- Thread starter babymistycat
- Start date
My friend said he knows a good immigration lawyer and will try to see if he takes up the case. My other question is that it is financially straining to engage a immigration lawyer and will I have a chance to plead my case without a lawyer? If I obey to go back home, can i apply PR while i am back in Singapore. will I be ban or require ARC to enter Canada. My main concern are my kids.
In CIC page it says that visa extention by paper are processsd in 115 days and they are working on applications received on January 18, 2016. From my experience, it is quite right predicted time. frame. If they can't find application by now, unfortunately, I would assume it was lost and CIC never received it. You are out of status. If you are less than 90 days of status, then you can still apply for restoration, but if it is more, unfortunately, you are now illegal and nothing can be done. You can leave and try to re enter Canada again, then you count will reset, but there are always risks that border agent won't let you in.
One part I didn't get: did you apply for outland PR or not? I think considering your husband messsd up two applications (no offense), I would consider hiring a laywer. Of courss ,the best case if you work both on you PR, as your case didn't sound that difficult: long marriage, two kids. I would think it is easy aprove from CIC.
And how your husband filled all forms for you when there are a lot of sections that you need to fill yourself? Did you and your kids did medical? Did you do police checks? Signed all the forms?
You can apply from Singapore, but if your husband already applied, maybe try to find out what stage you are. Sorry, this part was confusing for me, maybe more experienced people will help more. In 5 years everyone receives a decision. I would hire a laywer to get PR, as again, no offense, it seems this process for you guys are quite confusing.
One part I didn't get: did you apply for outland PR or not? I think considering your husband messsd up two applications (no offense), I would consider hiring a laywer. Of courss ,the best case if you work both on you PR, as your case didn't sound that difficult: long marriage, two kids. I would think it is easy aprove from CIC.
And how your husband filled all forms for you when there are a lot of sections that you need to fill yourself? Did you and your kids did medical? Did you do police checks? Signed all the forms?
You can apply from Singapore, but if your husband already applied, maybe try to find out what stage you are. Sorry, this part was confusing for me, maybe more experienced people will help more. In 5 years everyone receives a decision. I would hire a laywer to get PR, as again, no offense, it seems this process for you guys are quite confusing.
He claimed he applied my PR 5 yrs ago but couldn't find all the supporting documents. Yesterday the borfer police do a thorough check and there is nothing showing at all. No PR processing, no visa extension and I was so mad that he never learnt his lesson. Both application he applied through normal mail and upon prompting further, it seem that he might hv mail to the wrong address in Calgary and probably sitting on someone desk.
After confiding to my korean friends and they know very well about the immigration processing etc., I feel more confident if they help me reapply my PR and it will not have so much hiccups. The other thing that hold us back reapplying because he claimed that he paid cad1, 500 when he submit my PR application. So as a spouse who often look out for your family, literally I was hoping we do not have to pay again. He claimed he is calling his bank to retrieve the bank cheque info but since it been so long and taking forever. I guess my ignorance part was not to take charge of my own stuff and depend on him and thought he as a Canadian knows better.
He clearly messed up, it is OK, not everyone is good with this sort of things, that's why it is OK to hire laywers to help. Clearly (third time no offence), you neglected it too. I assume you know your husband's way, and even if you trust him in life, you should have followed much earlier with you PR (like 3-4 years ago). All processing time is listed in CIC page.babymistycat said:
But what is done is done, being mad won't solve your issues, but the laywer might. If finances allow you, I would hire a laywer for PR. I would be against your husband trying third time
So for my overstay issue, I would definitely need an immigration lawyer to help? Does anyone have encounter such smiliar cases and I would really like to know the outcome. Couldn't sleep, eat nor function and I don't want that to reflect when I am with my kids.
I think for your overstaying laywer won't help, as it is been more than 90 days. Maybe someone will corect me, but I think now you are completely out of status and only reentering Canada will restart your status (It is really up to customs to let you in or not back). You can still apply for PR outland even if you are in Canada out of status. That would be my biggest concern actually, to apply for PR ASAP. With legit PR proof (payed fees, sponsor aproval) reentering might be easier.babymistycat said:
Search the forum, there were quite a lot similar overstay stories. I think there is even a thread for those who apply for PR while being out of status.
Good luck !
Thank you for your clarification, I will ask my friend to help me apply my PR today. Hopefully all will work out.
You won't be able to apply quick. You need to collect a lot of original documents: police checks from every country you lived for more than 6 months, upfront medical exam, collect big amount of proof that your husband's and your relationship is genuine, certificated copies of other required documents. What about your kids? Do they have a Canadian passports? You are looking at 2-3 weeks of intensive work depending how quick you can get police certificates and do medicals. People spend weeks/months preparing their application package.babymistycat said:
You really need to do more research before applying for PR, or it will end similar as the first one. Start from reading all guidlines in CIC page.
Police certificate I have to obtain back home? For my understanding, medical checkup will require upon your PR application process and on stage 2, they will send u to go for checkup etc.
My husband is canadian. My 2 kids are canadian too. We are legit as we have been together for 7 years still counting
Start by reading here:
http://www.cic.gc.ca/english/information/applications/fc.asp
Make sure you understand that there are two sides of application: Sponsors and yours that needs to be filled and send at the same time. Read South East Asia and Pacific Information Guide if you are from Singapore originally. Read guides [IMM 3900] and [IMM 3999]. Start from this. At this point friend won't be a big help unless you understand yourself how all of it is work. You can't completely trust other person again. It must be 90% of you and 10% of your friend's help if you want to do it yourself and do it right.
If you have any questions while filling forms or doing other parts of application: ask question here, even if it seems easy or stupid question, better to make sure.
Even if you know you are in the legit relationship, you still need to proof that to CIC with photos, bills, rent agreements, support letter, etc.
You would need to do medical upfront (Not 100% sure what will happen if you won't do it, probably it will delay your application, but mostly everyone does it upfront, so that's what you should do as well), to obtain police certificate if you only lived in Singapore then yes, that's the one you need. If you lived somewhere else for more than 6 six months, then you will need from this country also.
And most important, be organized, because otherwise you will get lost in all papers and supporting documents.
http://www.cic.gc.ca/english/information/applications/fc.asp
Make sure you understand that there are two sides of application: Sponsors and yours that needs to be filled and send at the same time. Read South East Asia and Pacific Information Guide if you are from Singapore originally. Read guides [IMM 3900] and [IMM 3999]. Start from this. At this point friend won't be a big help unless you understand yourself how all of it is work. You can't completely trust other person again. It must be 90% of you and 10% of your friend's help if you want to do it yourself and do it right.
If you have any questions while filling forms or doing other parts of application: ask question here, even if it seems easy or stupid question, better to make sure.
Even if you know you are in the legit relationship, you still need to proof that to CIC with photos, bills, rent agreements, support letter, etc.
You would need to do medical upfront (Not 100% sure what will happen if you won't do it, probably it will delay your application, but mostly everyone does it upfront, so that's what you should do as well), to obtain police certificate if you only lived in Singapore then yes, that's the one you need. If you lived somewhere else for more than 6 six months, then you will need from this country also.
And most important, be organized, because otherwise you will get lost in all papers and supporting documents.
And join these threads:
http://www.canadavisa.com/canada-immigration-discussion-board/out-of-status-application-new-thread-for-those-feeling-lost-t414815.0.html
http://www.canadavisa.com/canada-immigration-discussion-board/singapore-timeline-t28993.0.html
People are more related with your situation there, so they might be more helpful
http://www.canadavisa.com/canada-immigration-discussion-board/out-of-status-application-new-thread-for-those-feeling-lost-t414815.0.html
http://www.canadavisa.com/canada-immigration-discussion-board/singapore-timeline-t28993.0.html
People are more related with your situation there, so they might be more helpful
I would need Police criminal record check from Singapore and Canada I would think. And yes, I am going to sit through and go through all the procedure etc. I really hope CIC would grant some compassion ground seeing that we have 2 young kids and been together for so long. And it is purely a negligence act.