Common situation

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Subject: Common situation
  Hi all,

I would really appreciate some help with a friend´s situation...
The girl is canadian, the guy is american, they got married 5 years ago in Canada, live in Canada, have a daughter. One problem - he does not have legal status.
Can you please advise the easiest way for him to apply for legal status in Canada? He is not trying to cheat anyone here - just the story of meeting someone, falling in love, staying this side of the border... They are not too sure which way to turn, and as I have always found the help on this forum very useful, I figured I would ask the question.
Many thanks in advance.

[21-11-2008,15:35]
[**.21.45.28]
Karen
(in reply to: Common situation)
You can apply as a sponsor if your spouse, common-law or conjugal partner, or accompanying dependent children live with you in Canada, even if they do not have legal status in Canada. However, all the other requirements must be met.

Check this out:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

Good luck!

[21-11-2008,15:48]
[**.80.103.110]
Edu
(in reply to: Common situation)
If he was illegal all these years, he must have a ton of money to live without working. So why change things now? He may continue to live and spend his dough. On a serious note, he can quietly (through the unchecked areas between Manitoba and the US border) and let his wife apply for sponsorship. Maybe others have better suggestions?
[21-11-2008,15:50]
[***.202.152.48]
give it a rest
(in reply to: Common situation)
The first reply is correct.

I just completed mine after being out of status here in Canada for 7 years.


Don´t sweat it just take the time to fill out the paperwork correctly and gather all the documentation.

I paid a consultant to go over thing for me to ensure I did not miss anything at all.

Turned out my biggest hurdle was getting my US passport since all my ID had expired.

I highly suggest applying outland as I started on june 4th
got everything in order and had the passport request for visa stamp in august but had to wait and get a one month extension due to the trouble obtaining my passport.

IF you file inland so he can get his work permit sooner it will still take up to 3 months to get everything rolling for him to get his permit and then extend the processing time up to 12 months.... PLUS here is the huge one.
If applied inland and is denied there are no appeals and he will be ordered to leave. If outland you can appeal and he gets to stay.

All in all if you have a good record of the time together (photos over the years etc etc) you should have no problems.



I know there is a consultant that frequents this board so you may want consider waiting on his answer.



[21-11-2008,16:02]
[**.66.81.38]
James
(in reply to: Common situation)
James,
Thanks for your reply. Did you apply through sponsorship? And without giving anything away that you don´t want to, how did you afford to live for 7 years "illegally"?
My friends have all the proof they need - they have been together for over 10 years as a couple, the only problem they might have is proving that she has enough money to support him for 3 years, but if they want this badly enough then they will find a way, I am sure!
Many thanks,
Karen

[22-11-2008,17:00]
[**.21.45.28]
Karen
(in reply to: Common situation)
Karen, income is not a barrier to spousal sponsorship.
[22-11-2008,18:22]
[***.20.116.15]
Sharon
(in reply to: Common situation)
Hi Sharon,
Many thanks for your reply. I read the following from the CIC website:
"You must provide financial support for a spouse, common-law or conjugal partner for three years from the date they become a permanent resident."

Does this not mean that she would have to provide some sort of proof beforehand, or am I not understanding something?
Many thanks,
Karen

[22-11-2008,18:59]
[**.21.45.28]
Karen
(in reply to: Common situation)
The sponsor will need to sign an undertaking which means that they are financially responsible for them, meaning if they go on welfare the sponsor is responsible for paying it back.

You do not need to have to show a minimum income for the spouse. Sponsor can´t be on Social Assistance or undischarged Bankrupt I believe.

[22-11-2008,21:42]
[**.156.10.157]
Carrie
(in reply to: Common situation)
correct.
[22-11-2008,23:30]
[***.20.116.15]
Sharon
(in reply to: Common situation)
Income has nothing to do with it at all trust me :)

I didnt have to work as my wife was an extremely successful business person. But being out of status drains you and puts a huge strain on the relationship.

I was a house husband ;) that is all your friends husband has to say.

In fact at the time of sponsorship my wife was a full time student after deciding to change careers.

As long as she is not on welfare or in an undischarged Bankruptcy as mentioned above it is ok.

I understand the worry and fear trust me I lived it, right down to cant even drive as the license has expired.

It is far better to start the ball rolling and be done with it. I can tell the name of the consultant I used but they don´t come cheap (figure on at least 3500) and they are all not alike. I went thru about 6 talking to them on the phone or emails before I chose the one I did.

I highly recommend him :)

[23-11-2008,04:45]
[**.66.81.38]
James
(in reply to: Common situation)
Thanks everyone for your replies - a usual the help on this forum has been invaluable.
James, if you could let me know the name of the consultant you used, I will pass it along. If you would rather email it to me than post it, please just let me know. You may have to start a new thread as these postings seem to be limitied to 10 posts!
Many thanks again,
Karen

[23-11-2008,05:51]
[**.21.45.28]
Karen