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

[longobongo]

Hmm. I'm not sure anymore what my options are.. I called the CIC call centre this morning and, as you warned, the agent didn't seem to sound too confident. She said that being out of status does not render me ineligible to apply, that the application will still be processed. I have no idea if that is true or not.

If I were to submit an in-land application, and it would not be processed due to lack of status, at what point would I be informed of that?

Thanks everyone for your replies, this is an incredibly confusing situation.

 

[vik999]

To my understanding you inquiring, Asking CIC govt, to grant residency to person who is illegal or no status in the country. To my understanding this is not easy thing and no one can answer expect CIC itself. so u can try. but i dont think so it would be possible.. May you can write a letter with your application and request CIC.. if they can make exception...

As per the laws I read was interpreted as , the applicant must be the legal on the date of the application is submitted and needs to maintain the legal status till residency is granted!! no matter whether the applicant is student, worker, visitor or on any other visa. Basically must be legal and have authorization from CIC... that's most important !! Therefore it is very important to maintain your legal status in the country.

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.

 

[scylla]

If I were to submit an in-land application, and it would not be processed due to lack of status, at what point would I be informed of that?

My guess would be around the 17 month mark (when they complete the initial assessment of your file). Additionally, my guess is that they wouldn't flat out notify you that there's a problem - but would instead transfer your file (without first stage approval) to the black hole that is the Etobicoke office. This is where applications go when CIC wants to review something further. Once your file hits the Etobicoke office, all bets are off as to processing times.

 

[longobongo]

To my understanding you inquiring, Asking CIC govt, to grant residency to person who is illegal or no status in the country. To my understanding this is not easy thing and no one can answer expect CIC itself. so u can try. but i dont think so it would be possible.. May you can write a letter with your application and request CIC.. if they can make exception...

As per the laws I read was interpreted as , the applicant must be the legal on the date of the application is submitted and needs to maintain the legal status till residency is granted!! no matter whether the applicant is student, worker, visitor or on any other visa. Basically must be legal and have authorization from CIC... that's most important !! Therefore it is very important to maintain your legal status in the country.

With all due respect, it is (what I understand) common knowledge that CIC does and has been processing In-Land PR applications for principal applicants that are out of status. They have been doing this since 2005. It is only since late 2014 that there was any questions as to whether or not this is the case.

 

[Ponga]

There was a member here (Yata520) that had applied Inland without status and had NO delays in getting his PR late last year.

I'm sure there are others as well.

 

[Ponga]

Hmm. I'm not sure anymore what my options are.. I called the CIC call centre this morning and, as you warned, the agent didn't seem to sound too confident. She said that being out of status does not render me ineligible to apply, that the application will still be processed. I have no idea if that is true or not.

If I were to submit an in-land application, and it would not be processed due to lack of status, at what point would I be informed of that?

Thanks everyone for your replies, this is an incredibly confusing situation.

Did she have any comment about why the Inland guide had been updated to indicate that applicants are now required to have legal status?

Doesn't anyone at CIC know anything about this, other than the writer that published the change online?

 

[Rob_TO]

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.

Make sure you realize that since you are out of status, you won't qualify for the new pilot program to give out OWP to inland applicants quicker.

You will need to wait until full stage 1 processing is done (currently at 17 months) before you can even apply for your OWP, so budget around 20 months time before having OWP in hand and being able to work. During those 17+ months you will basically need to sit around as a visitor not being allowed to do much of anything, and for entire duration of inland processing (25 months) you should not leave Canada for any reason.

Compare that to an outland app where in around 6 months time you could be fully approved for PR.

 

[Ponga]

Make sure you realize that since you are out of status, you won't qualify for the new pilot program to give out OWP to inland applicants quicker.

You will need to wait until full stage 1 processing is done (currently at 17 months) before you can even apply for your OWP, so budget around 20 months time before having OWP in hand and being able to work. During those 17+ months you will basically need to sit around as a visitor not being allowed to do much of anything, and for entire duration of inland processing (25 months) you should not leave Canada for any reason.

Compare that to an outland app where in around 6 months time you could be fully approved for PR.

Absolutely, BUT...nobody seems to know for sure how CIC/CBSA treats an applicant that is out of status and submits an Outland application.

 

[Rob_TO]

Absolutely, BUT...nobody seems to know for sure how CIC/CBSA treats an applicant that is out of status and submits an Outland application.

There is no rule in outland processing that says one must be in-status in Canada or the country they're currently residing in, to be processed. A bigger question I think to ask is if a US citizen out-of-status would get same quick processing as other US PR apps.

The big concern is that submitting the app will make CIC aware of the status issue, and they may or may not inform CBSA of it. Of course if the app is done in 6 months (and not delayed) it really won't make any difference. And the same thing in general could also happen with an inland app.

 

[longobongo]

Did she have any comment about why the Inland guide had been updated to indicate that applicants are now required to have legal status?

Doesn't anyone at CIC know anything about this, other than the writer that published the change online?

Unfortunately she did not. I'm almost inclined to believe she thought I misread the instruction guide. She said that she is not aware of any recent or upcoming changes to those laws and that a principal applicant who is out of status will still have their application processed. She did mention that it is (obviously) very much advised to NOT be out of status, as you can be removed at any time.

 

[Ponga]

There is no rule in outland processing that says one must be in-status in Canada or the country they're currently residing in, to be processed. A bigger question I think to ask is if a US citizen out-of-status would get same quick processing as other US PR apps.

The big concern is that submitting the app will make CIC aware of the status issue, and they may or may not inform CBSA of it. Of course if the app is done in 6 months (and not delayed) it really won't make any difference. And the same thing in general could also happen with an inland app.

I totally agree. If an American without status can complete the process in ~ 6 months, without being penalized, per se, for the overstay...it would be shocking, IMHO.

My theory is that an American that is out of status applying Outland likely does NOT benefit from the faster processing times. Their application may be processed in LA, perhaps making it longer than an Inland applicant that IS (normally) allowed to remain in Canada, if they were not already `Removal ready' by CBSA when CIC received their Inland application.

Definitely a tempting carrot, but probably a big gamble to say the least!

 

[longobongo]

I do not feel confident submitting an outland application from within Canada while I am out of status. The CIC website, for the most part, states that a principal applicant does not need to have legal status in order to have their In-Land application processed. My call to the call centre (sort of) confirms this and the two lawyers I spoke with as well have no idea of any pending changes to this law. Considering the change to the guide was made last last year, a few months ago, and no other information was changed, updated or announced, I'm going to assume that I am okay to apply inland and I will do everything in my power currently to submit this application ASAP.

 

[longobongo]

Just wanted to post one more update to say that the last lawyer I heard back from today suggested Outland as the best option. He said that it is a common misconception that the principal applicant needs to be outside of Canada in order to apply, and that it is not even required that the principal applicant have a legal status in Canada in order to apply. Needless to say, my brain is boggled today.

 

[Ponga]

I keep coming back to this, ad nauseam:

[From CIC manual ip08]:

Legal status in Canada

The current Regulations require that to be eligible for the spouse or common-law partner in
Canada class, the applicant have temporary legal status in Canada. However, under the spousal
policy, persons who are otherwise eligible for consideration under this class (and who are not
inadmissible for reasons other than “lack of status”) including those who have applied for
consideration on H&C grounds and submitted a sponsorship, may have this requirement waived.
This does not mean however that there is no longer any requirement to have legal status in
Canada. Persons who wish to study or work in Canada must still seek to obtain and
maintain the required permits. Applicants who do not have legal status in Canada may be
removed from Canada at any time.

Since there is nothing like this in any of the Outland processing manuals, because CIC assumes that EVERYONE that chooses to apply Outland while being physically present IN Canada has legal status...I'd be reluctant to apply Outland without status, but...that's just my $0.02

 

[longobongo]

Thanks for all of your responses, Ponga. I was also comparing that excerpt to the Outland information and I couldn't find anything similar. Your two cents seems pretty sound to me, I'm going to continue getting everything I need together (for either application - proof of relationship, still waiting on FBI clearance, etc) and play it by ear in the meantime. Hopefully I make the right decision in the end. Thanks again, you have been a huge help!