What am I? (inland PR/OWP spousal applicant on overstayed tourist visa)

[neondino]

I came to Canada on a six month visitor visa from the UK, got married, overstayed my visa and then applied for inland PR (and a OWP at the same time) from out of status. So now I have implied status (got my POA), but to all intents and purposes, still don't really exist. Live in the apartment my husband had before I moved here, and don't contribute financially, and I'm not generating any income from the UK, so I'm sort of in limbo, paperwork-wise.

My husband has been advised to claim me as a dependent, but his accountant has told me to get a SIN, and AFAIK I'm not eligible for a SIN until I get either my OWP/PR (which as I applied out of status, will most likely come together right?) Revenue Canada seem to have non-resident status (for Canadians living out of Canada, or out-of-country family members of Canadians) or you're assumed to be a resident with a SIN. ITN/TTN doesn't seem to apply to being claimed as a dependent as I'm not claiming any income.

I'm also struggling with things like newcomer programs/community groups, which expect people to come in either on a work permit, or as a permanent resident, and don't have any provision for someone going through the process on implied status.

Can anyone who was in the same position of applying out of status on an expired visitor visa tell me how they 'presented themselves' whilst waiting on their PR?

 

[canuck_in_uk]

I came to Canada on a six month visitor visa from the UK, got married, overstayed my visa and then applied for inland PR (and a OWP at the same time) from out of status. So now I have implied status (got my POA), but to all intents and purposes, still don't really exist. Live in the apartment my husband had before I moved here, and don't contribute financially, and I'm not generating any income from the UK, so I'm sort of in limbo, paperwork-wise.

My husband has been advised to claim me as a dependent, but his accountant has told me to get a SIN, and AFAIK I'm not eligible for a SIN until I get either my OWP/PR (which as I applied out of status, will most likely come together right?) Revenue Canada seem to have non-resident status (for Canadians living out of Canada, or out-of-country family members of Canadians) or you're assumed to be a resident with a SIN. ITN/TTN doesn't seem to apply to being claimed as a dependent as I'm not claiming any income.

I'm also struggling with things like newcomer programs/community groups, which expect people to come in either on a work permit, or as a permanent resident, and don't have any provision for someone going through the process on implied status.

Can anyone who was in the same position of applying out of status on an expired visitor visa tell me how they 'presented themselves' whilst waiting on their PR?

You don't have Implied Status. You are still out of status.

Can't advise on the tax part.

Newcomer programs and such are not meant for people out of status.

I'm not sure what you mean about "presenting yourself".

 

[WeegieInOttawa]

@canuck_in_uk You would be able to confirm this but...don't you need to wait for AIP (approval in principle) before submitting your OWP app if you are of out of status when you submit the PR app?

(Apologies if that is wrong.. Hence why asking Canuck to confirm!)

 

[WeegieInOttawa]

I came to Canada on a six month visitor visa from the UK, got married, overstayed my visa and then applied for inland PR (and a OWP at the same time) from out of status. So now I have implied status (got my POA), but to all intents and purposes, still don't really exist. Live in the apartment my husband had before I moved here, and don't contribute financially, and I'm not generating any income from the UK, so I'm sort of in limbo, paperwork-wise.

My husband has been advised to claim me as a dependent, but his accountant has told me to get a SIN, and AFAIK I'm not eligible for a SIN until I get either my OWP/PR (which as I applied out of status, will most likely come together right?) Revenue Canada seem to have non-resident status (for Canadians living out of Canada, or out-of-country family members of Canadians) or you're assumed to be a resident with a SIN. ITN/TTN doesn't seem to apply to being claimed as a dependent as I'm not claiming any income.

I'm also struggling with things like newcomer programs/community groups, which expect people to come in either on a work permit, or as a permanent resident, and don't have any provision for someone going through the process on implied status.

Can anyone who was in the same position of applying out of status on an expired visitor visa tell me how they 'presented themselves' whilst waiting on their PR?

When did your visitor status expire?

If less than 90 days ago you can apply for restoration of status.

 

[canuck_in_uk]

@canuck_in_uk You would be able to confirm this but...don't you need to wait for AIP (approval in principle) before submitting your OWP app if you are of out of status when you submit the PR app?

(Apologies if that is wrong.. Hence why asking Canuck to confirm!)

You can still submit the OWP app before AIP but it won't be processed until after.

 

[WeegieInOttawa]

You can still submit the OWP app before AIP but it won't be processed until after.

Aaah gotcha! Thanks for clarifying that!

 

[zardoz]

https://www.canadavisa.com/canada-immigration-discussion-board/threads/canadian-husband-claiming-me-inland-applicant-awaiting-owp-pr-on-overstayed-visa-on-taxes.557498/#post-6903908

 

[canamconnect]

My hubby is currently out of status and we are about to send in his App. I claim him on my taxes. My accountant advised me it would not matter where in the world he lived I would still claim him as he has no income. Get a decent tax return for that too. He has no SIN number. The accountant just leaves it blank and we have never had a problem.