Hi Guys am so glad i found this forum!
I came to Canada in November 2008 and left in January 2009 for one month since Feb 2009 i have been in Canada. I got a OWP though the youth mobility program in August 2009 for one year. I have been out of status since. I worked up until November 2010 i chose to stop working because my visa had expired 3 months before. My wife is Canadian and we have two children together who are 2 and 1 years old.
This is where i need help.
I want to work as quickly as possible.
I do not want to leave Canada.
I want to become a PR.
Does anyone know the best and fastest way to achieve this?
I really how no idea which class to apply under.
I could produce 5 offers of employment if needed all paying good money but no would work under a LMO
Please any suggestions would be fantastic, am at a complete loss.
Thanks
Why has your wife not applied to sponsor you for permanent status? Unfortunately you've sorta set yourself up for issues by allowing your status to expire when you've been married all this time and haven't submitted a spousal sponsorship application. Spousal sponsorship is the fastest route to PR and you were eligible the day the two of you legally married.
We need more information about where you're from before we can advise as to the best way to proceed, but you need to get busy and get this done!
Thanks for replying.
I was under the impression that my wife couldnt sponsor me because she wasnt working. She had been a stay at home mom.
Am not to worried about getting PR fast, the only thing that matters is that i can work to support my family.
I am from the uk. I came on a working holiday visa.
I have all the docs i could ever need. Its just a case of filling out the right form. I have really bad ADHD and a fear of forms! I Suppose a worried about making the wrong decsion.
Does anyone know if i apply outland the first stage is approx 70 days, can i then come to canada to work?
even though i am an overstayer can i still get a company to sponser me?
Thanks for your help
There is no minimum income requirement for spousal sponsorships. You need to get working on a spousal PR application right away. That will likely be the quickest way to get PR.
Because i have overstayed by 18 months is it best to go back to the UK to apply?
I was thinking i could go back to the UK in January and return on a tourist visa if they would let me in.
Any ideas?
Your best option is to
apply outland via spousal sponsorship. Your wife does not have to be working to be eligible to sponsor you - there are no minimum income requirements for spousal sponsorships. You don't have to go back to the UK to be eligible to apply outland - and your overstay has virtually no impact on your own eligibility for PR, especially when you apply outland. If you applied inland - which is the process CIC has set up to deal with applicants who have overstayed - you will wait a long time to get PR. But because you are from a visa-exempt country, you can apply outland even while in Canada and not have to fear a certainty of being separated from your family for the long haul if an interview is required. Having lived together for as long as you have and having kids together, as long as you provide quality proofs to substantiate that you are a genuine couple/family, chances are good that the interview (which would be held in London) will be waived. So you could, conceivably, stay in Canada (even without valid temporary status) for the duration of the outland process. Now, that said - having a PR application in process does not make you legal, so if you appeared "above the radar" you could have trouble with immigration and be excluded from the country.
That would affect your finalizing your PR application.
The important thing to remember is that your outland application is not affected by your location. You could submit the application, get her sponsorship approval after 70 days or so, and then (in the interest of re-establishing your temporary status) leave Canada for a trip back to the UK and then come back to Canada (WITH HER ACCOMPANYING YOU) and she speaks on your behalf to get you documented temporary status (a Visitor Record) to stay while waiting for PR to be finalized. It would be important to understand that as soon as you leave Canada, you are back in status - BUT you don't want to get into details of your overstay when trying to get back into the country. Right now, they don't know you didn't leave - that's a good thing. The objective is to go, and then come back with your wife asking for you to be able to stay with her while waiting for permanent status.
The downside is that they will issue you visitor status only - unless you find an employer who can get a positive LMO for you and offer you a job. Then you apply through London for a work permit, and come here when it's been approved. Chances are that process will take longer than the PR process. London is currently finalizing spousal aps within 8 months and I'm actually surprised that Mississauga is taking 70 days to assess sponsors. I think that will come down some in a bit - so you're looking at less than a year unless you have complications like a criminal record.
You should provide proof with your application of your employability in Canada (to overcome your wife not having a job), and you need to be sure that, if you leave Canada and try to come back to be documented, that she carries with her your marriage licence, proof of support and proof of her sponsor approval. You have a bit of a challenge in that she's not working, so unless you have substantial savings, I wouldn't risk (and you probably can't afford anyway) a trip back to the UK in the hopes of getting back into Canada. I was documented legally for 4 years and it honestly got me nothing but headaches. Don't work illegally or do anything that will draw attention to your lack of status and get that PR application in process ASAP.
Stick around - we can help with the details but this is the start of having a "normal" life with your family in Canada.
Does OP not have to re-instate his status?
I am sending off application to re-instate my visitor status. My main worry is that they are going to work on my PR application BEFORE that is completed (will if affect my application/ what i write on 0008 form about status in Canada)
Hi
(11-10-2011 12:45 AM)cor-32 Wrote: [ -> ]Does OP not have to re-instate his status?
I am sending off application to re-instate my visitor status. My main worry is that they are going to work on my PR application BEFORE that is completed (will if affect my application/ what i write on 0008 form about status in Canada)
He can't restoration is only for those who have been out of status for 90 days or less.
He can't restoration is only for those who have been out of status for 90 days or less.
[/quote]
thanks - any solution to my worries about working on my outland (68+8mths) before they even open my restoration? On 0008 i will be selecting "other" and writing reinstatement submitted" with the date they recieved it.
My wife (sponsor) is going on EI, so i am going to forward proof of that when it comes.
- i am going to go outland, and take the gamble they believe our relationship is genuine (2 kids 5&6yrs, married 6yrs), and their own guide says i am rehabilitated.
so what should i write on my imm0008 for status? and should i put on that i am in canada or uk?
Thanks
Sorry about that, my post was for cor-32.
In your situation the only way to gain back status is by leaving Canada, and re-entering. And hoping they dont realize you spent all this time here with no status.
(11-10-2011 09:52 PM)Frenchie123 Wrote: [ -> ]Sorry about that, my post was for cor-32.
In your situation the only way to gain back status is by leaving Canada, and re-entering. And hoping they dont realize you spent all this time here with no status.
what post was that Frenchie?
Ideally, yes - it's illegal to be in Canada beyond the time authorized for your stay. I would never recommend someone remaining illegally in Canada but my point was/is that an outland application processes no matter what the applicant's status is in Canada because there is no residency requirement, and no requirement to provide proof of valid status in the country where the applicant resides. However, Immigration Canada can - if they find that someone is in Canada beyond the time authorized - exclude (or even ban) that person from Canada indefinitely and that exclusion or ban precludes an applicant from finalizing a permanent residence landing. So, in this case, the applicant should apply for PR immediately outland - so if he has to leave Canada, the application is not affected. Then, ideally, with proof of the legal marriage and the spousal ap in process, leave the country - which put him back "in compliance". After that, attempt to re-enter the country with his spouse/sponsor speaking on his behalf to allow documented status to stay while the PR application is processing. The dicey part is if the interview gets into how he was already here beyond authorized status. Sometimes, with a spouse, they'll be "polite" enough not to ask but you have to go into this knowing there is a chance it could go wrong. For that reason, if the OP is not contravening anything in the IRPA (like working illegally) sometimes it's best not to approach the border and just "lay low" until PR is finalized. Because of the children, I cautioned about the risk of trying to leave and re-enter to regain status. Kids need both parents and Immigration Canada does not always act in accordance with the "best interest of the children" mandate. This OP is between a rock and a hard spot - and needs to take responsibility for not having applied for PR when he should have, and having overstayed - but the kids shouldn't have to suffer for it.
(11-10-2011 12:45 AM)cor-32 Wrote: [ -> ]Does OP not have to re-instate his status?
I am sending off application to re-instate my visitor status. My main worry is that they are going to work on my PR application BEFORE that is completed (will if affect my application/ what i write on 0008 form about status in Canada)
You should probably start your own thread because it gets confusing when you're asking a question about your own situation in the middle of what someone else is asking about theirs. So, you're send off an application to re-instate your status with a PR ap in process. Did you apply for PR outland or inland? And I don't understand about "what I write on 0008 form about status in Canada" if your PR ap is already submitted. Please clarify.