spouse with 2 young kids overstay due to negligence

[Owl29]

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.

I don't think you need Canadian police certificate, they will cover it themselves (Unless they changed something after I applied, but I don't think so, anyway, it will be in the guideline). Only Singapore. It all depends how well you will prepare your application, if everything will be in order and nothing is missing, then it should be not hard, as you been in a long relationship, so you can cover proof section easier, but keep in mind, that CIC doesn't grand favors because you are in longer relationship with kids. Everyone goes trough the same system and at the end it is up to you how well you prepared your case to them. I believe you will need to be honest and write explanation letter why you lost your status. With this part unfortunately I can't advice, as I always kept my status, so I am not familiar with procedures there.

 

[babymistycat]

Thank you very much for your help. I will read through and if I need any further queries, I will ask here. Thank god I found this forum for some clarification.

 

[babymistycat]

My husband found the copy of the visa extension form 5 pages and now he is looking for the bank slip he paid to cic for visa extension. With all these supporting documents that show we did not intentionally wanted to live in Canada illegally, can I try to go to Canada border and is there a chance the border police could grant me a short stamp to let me fix the error?

 

[Loveactually]

Babymistycat I also am out of status for almost 4 years we have a 6 year old and we have a applied outland I have no answers for except get an application in. I am hoping and praying every day that I am not removed. It would kill me if I had to leave my son. You are definitely not the only one in this situation that's for sure lots of people here are out of status

 

[babymistycat]

My other question is if I buy a ticket back to Singapore. When I m going through custom, will they sit me through an interview and through the interview, will I be able to get an answer whether I can re enter Canada next time?

 

[Aquakitty]

My husband found the copy of the visa extension form 5 pages and now he is looking for the bank slip he paid to cic for visa extension. With all these supporting documents that show we did not intentionally wanted to live in Canada illegally, can I try to go to Canada border and is there a chance the border police could grant me a short stamp to let me fix the error?

Let me clarify a couple things for you.

You are from Singapore, which is visa exempt. You never had a visa, you have a visitor record. That usually allows you to stay 6 months at a time, but you received a longer one. That's why the guards aren't too concerned about you.

Yes you could just go across to the US border, even stay there for a day if you want (Singapore is part of the US visa-waiver program) and go around back to the Canadian border, then explain your situation and ask for a new 1 year visitor record. This is known as "flagpoling".

Then, get yourself in gear and get that PR application in ASAP. I'd suggest getting your medical done and paying your PR fees before doing this, and bring these to show the Canadian guards as proof of your PR application. You can still explain and ask them to look up your lost applications.

 

[babymistycat]

I am unable to do flagpole because the border police are very nice and thorough, he tried and search the system. He told me because I have passed 90 days restoration date as such if I flagpole, he will issue a deportation letter. This is not viable as such he suggest talking to my MP, immigration lawyer or cic.

 

[Aquakitty]

I am unable to do flagpole because the border police are very nice and thorough, he tried and search the system. He told me because I have passed 90 days restoration date as such if I flagpole, he will issue a deportation letter. This is not viable as such he suggest talking to my MP, immigration lawyer or cic.

You can try your MP, or the call center, it won't hurt, but if you don't have an app in the system by now I find it unlikely this will help. Honestly that border guard sounds like a bit of an idiot and screwed you over. He let you back into the country essentially illegally when you could have just flagpole to fix the situation. It's at their discretion if they update your visitor record.

Many people flagpole when out of status. It's not the best way to do things, as there is a risk, but it's better than doing nothing. The only other option for you is find your application, or leave the country, if you want status. Otherwise you will have to lay low and wait for your PR either inland or outland.

Try your MP and try the call center. If you can find your payment receipt you might be able to use that to send an enquiry to CIC.

 

[babymistycat]

We did not leave canada, we went inside the border office to enquire first. I like to do it right and fix the error and being that I come from Singapore visa exempt country. Will I know from the custom officer when I leave canada that I can enter canada or they will ban me? I am trying to go to all the reputation organization that I have volunteer actively and been donating blood to red cross I do not have the intention to overstay but pure negligence.

 

[MilesAway]

When you say you are actively volunteering, what do you mean? What kinds of activities are you doing and where are you doing them?

 

[babymistycat]

I volunteered in The Family Place as and when they require volunteer be in their garage sale, donate goods and asking my friends to participate or donate, I volunteered in McKenna hall (under Catholic church) in their function events as and when if I am able to give my free time (bear in mind I have 2 young kids and trying to work around my husband schedule), I volunteered in an art class for schools, I volunteered to help work on our town community garden though it is just a 1 time event, I attended EAL (English) class 2x a week regularly so as I can understand and learn about Canadian culture and system as I want to be a part of them, I donate blood to red cross 3x and still counting as I hope with my little contribute, I could help make a difference, I asked my husband to volunteer to be the soccer coach when we sign up soccer for our son and they are urgently looking for coaches.

 

[canuck_in_uk]

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

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.

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.

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.

Your husband couldn't have applied for PR without you actually contributing to the app. You would have needed to obtain documents, obtain PCCs, fill out and sign forms etc. Also, spousal PR apps are sent to Canada, not to Canadian High Commissions.

If the visitor extension was submitted by mail, again, he would have needed you to contribute to the app by signing forms.

This goes beyond someone not being "IT savvy". As per CBSA, there is nothing in the system, so it looks like your husband never actually submitted the applications and lied to you when he said he did.

I suggest you take full responsibility of your immigration situation and don't entrust anything to your husband.

 

[babymistycat]

Yes, I am taking full responsibility for the huge mistake and negligence we have made but it was never our intention to deceive CIC. And through this ordeal, I appreciate that I learn more about Canada immigration and also bring us closer as we believe we will overcome this.

I am just wondering would I be able to plead my case to CIC or through lawyer?

 

[babymistycat]

And through this, it open my mind that the immigrants knows Canada immigration way more in depth and thorough thn Canadian. I learned and gain alot of knowledge and wisdom.

 

[canadianwoman]

I really think you should hire an immigration lawyer or consultant. If you had done so the first time you (thought) you applied, you would have been a PR for the last several years.