Applying In-land while out of status - possible???

[longobongo]

Hello. I was just wondering if it is still possible to apply under for permanent residency INLAND if the applicant does not have legal status. I ask because at this link: http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp it reads:

"You can apply to sponsor your spouse, common-law or conjugal partner, or dependent children to immigrate to Canada. It does not matter if they live in or outside Canada. If they live in Canada, they do not need to have legal status to be sponsored."


However, on this guide: http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp it reads:

"Spouses and common law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are required to have legal immigration status in order to qualify under the Spouse or Common-law partner in Canada class."


I am out of status, and was told by an immigration lawyer that that is okay re: applying inland. However, now I have absolutely no idea. Any help would be much appreciated.

 

[mysteriousk]

There is a lot of confusion around this. We are in the same situation, as far as I know you can still apply but it seems as though CIC are planning to change this in the near future so that you need to have status to apply inland. I'd apply as soon as possible if I were you and hope that they "grandfather" applications that are already in....

 

[longobongo]

Thank you for your response. It's definitely very confusing. On that same instruction guide it also reads, "A foreign national cannot become a permanent resident in Canada if he or she is inadmissible for reasons other than lack of legal immigration status in Canada." under THINGS TO REMEMBER. "Other than lack of legal immigration status" would imply that lack of legal immigration status does not bar you from applying, as was understood. Is there anything else announced anywhere else that you know of that would imply they are preparing to make a change to the current stipulations? I think I'm going to call the call centre in the morning and inquire specifically. We're close to applying, but it would probably still be another 30-60 days...

It also doesn't quite make sense that they would change this. If a person had legal status in Canada, would they not opt to apply outland?? Thanks again for your response, the ambiguity is very stressful.

 

[mysteriousk]

Yes, I agree its extremely confusing and frustrating. I've seen various other posts from other confused people and several have called the call centre and the agents had no knowledge about this "new" rule. Immigration lawyers also don't seem to know anything about it. I hope you have better luck!

 

[scylla]

If you're American, then you'd be nuts to apply inland. Outland processing times for Americans are fast.

 

[longobongo]

Maybe it is naive of me but I can't help but feel like the call centre agents / immigration lawyers would be more privy to potential law changes than a small section in the instruction guide. Especially considering there is information in that same instruction guide that contradicts that small section.. It also provides instruction for the principal applicant regarding the "status in Canada" question - instructing you to choose "Other - Out of Status, restoration required." I will update this thread in the morning once I'm able to speak with an agent at the call centre. Do you know when that section "Maintaining Status" was updated?

 

[mysteriousk]

I believe it was updated sometime in October 2014. I hope the call centre can provide an answer on this. Please let us know!

 

[longobongo]

Thank you for all of your responses. Did the call centre advise other callers to apply regardless of that section in the instruction guide? If you know? Ty again!

 

[scylla]

Unfortunately the call centre is good for basic questions only. So don't necessarily expect a right answer to your question. They give out wrong answers quite regularly and I would certainly not take their word for it. Remember that CIC will hold you accountable for what you do - even if you were given bad info by the call centre.

As for immigration lawyers, there are good ones and bad ones. Again, you'd be shocked at the advice some of them have given to members of this forum (like: you can't apply outland if you are in Canada).

 

[longobongo]

Ah, yes I suppose that's true as well. I've spoken to a few lawyers who I felt rather unsatisfied with their advice. Is there anyway to truly know whether or not the law had changed? Thanks for your response, scylla

 

[Ponga]

If you're American, then you'd be nuts to apply inland. Outland processing times for Americans are fast.

Do you have ANY proof that an American without status has the same 'protection' of not being removed as an Inland applicant has ( or perhaps had, if the rules are really changing)?

I didn't think so.

 

[longobongo]

Hello Pongo, thanks for responding. Are you suggesting that it is possible for an applicant who is out of status in Canada to apply Outland? I was under the impression that having legal status in Canada was a requirement to take advantage of applying outland? If yes, what about if the applicant required an interview as part of the processing? Would the applicant be unable to return to Canada to finish out the processing time? I am from the US but my spouse and I want to avoid being apart at all costs, even if it means a 2 year processing. Thank you for any and all insight you can provide, I really really appreciate it.

 

[brucem]

There was someone posting a few days ago who applied inland while out of status and CIC told him to apply outland instead and he stated that he received his PR without any issues. I cant remember his name or the thread....sorry!

 

[scylla]

Do you have ANY proof that an American without status has the same 'protection' of not being removed as an Inland applicant has ( or perhaps had, if the rules are really changing)?

I didn't think so.

My comment had nothing to do with whether someone is going to be removed or not.

With US outland applications being processed in as little as 5-6 months, I don't understand why any American would apply inland - regardless of their status in Canada. Inland seems completely illogical to me.

 

[scylla]

Hello Pongo, thanks for responding. Are you suggesting that it is possible for an applicant who is out of status in Canada to apply Outland? I was under the impression that having legal status in Canada was a requirement to take advantage of applying outland? If yes, what about if the applicant required an interview as part of the processing? Would the applicant be unable to return to Canada to finish out the processing time? I am from the US but my spouse and I want to avoid being apart at all costs, even if it means a 2 year processing. Thank you for any and all insight you can provide, I really really appreciate it.

longobongo - Think of your situation from this perspective. I understand you don't want to be separated. However I still think going inland would be an absolutely horrible life decision. Let's say you apply inland and then 20 months into the process there is an emergency in the US that forces you to leave Canada (e.g. terminally ill relative). You leave and then aren't allowed back into Canada afterwards due to the overstay. As a result, your inland application is canceled and you have to apply outland from scratch. At that point you would have lost 20 months of your life - while if you'd applied outland, you would most likely have been given PR in less than half of that time.

Ultimately your choice. But again, it makes no sense to apply inland as an American. We've had plenty of people here do so and deeply regret it. One individual called it "the worst decision of his life".