can my partner apply to sponser me if ive overstyed my visa

[nettie71]

we have lived together for 2 years, (i'm british, he's canadian) i've now overstayed by 5 months, i simply dont have the money to leave again then return. We will have lived together for a full year with no breaks in september. Anyone else overcome this problem, what are my chances of paperwork being accepted due to overstay? Anyone have any ideas?

 

[marcjd]

that's a massive red flag there ... dont wait till immigration knocks on your door and deport you .. im not quite sure how you can do it .. but its not impossible .. for sure your partner can try to sponsor you but with you overstaying probably that would be a big problem .. anyway good luck

 

[canuck_in_uk]

we have lived together for 2 years, (i'm british, he's canadian) i've now overstayed by 5 months, i simply dont have the money to leave again then return. We will have lived together for a full year with no breaks in september. Anyone else overcome this problem, what are my chances of paperwork being accepted due to overstay? Anyone have any ideas?

Yes, he can sponsor you even though you are out of status. Provided you meet all the other requirements, your application won't be refused for only that reason.

The issue is that you can still be deported at any time even with a sponsorship app in process. If you are deported, you will be banned and have to apply for special permission (called an ARC) to return to Canada. If you apply inland and are deported, your app will be cancelled and you will have to start all over again outland.

Honestly, the safest option is for you to leave Canada and apply outland. This will correct your illegal status situation and remove the threat of deportation.

I'm curious as to why you allowed yourself to become illegal? It is a very simple process to extend your status online and it would have saved you a lot of trouble and stress.

 

[nettie71]

To be honest, mostly due to not checking the websites and getting correct information as to what e needed to do. The 'living together for a year without a break' confused me somewhat, plus my partner fully supports me financially but hes only on disability so money is too tight to be able to leave!! Proving were a legit couple would be no problem as thats what we are, im in a small town so everyone knows were a couple etc, just really worried about this overstay.

 

[scylla]

I think the biggest issue with applying inland while you are out of status is that the application processing time often ends up being much longer than for someone who is in status. So if you apply as planned, be prepared for your processing time to exceed the posted processing times - possibly by quite a large margin. And since you're out of status, I believe this means you won't qualify for an open work permit once you have first stage approval. So you could be waiting quite some time (i.e. years) before you are approved and are able to work / benefit from the health care system / etc. Are you prepared to deal with such a long wait? Think about what is would cost to pay for a flight home vs. the potential income may be lost waiting out a very long processing time. You may find that it's better to bite the bullet and somehow find the money for the flight home.

Yes - there's always a risk you might be removed. However I think it's probably low.

 

[nettie71]

Thanks a lot for advice, will weigh up options and decide what to do. Thanks again.

 

[MaxLet]

Hi Nettie!
I was kind of in the same situation, i overstayed my visa for 6 months before we sent our application.
We call agents of cic before applying inland to know if it was better to go for outland or inland, and they reccomend us inland (even if i was already out of status) we called three times before sending the app only to be sure cuz agents sometimes dont have the right info. Yes its true you can be request to leave the country, altought this only happens if you get yourself in trouble and you are demand to "identify". While you stay out of trouble i guess you'll be ok, thats what i do. By immigration rules, you cannot leave the country while app is in process so be careful if you decide to stay. By rule, you are also allowed to present an app even out of status, this means that a visa officer cannot reject your app only for that reason, but if he finds something else wrong in your app then he can use that against you.
In my case, we have four years total together, 3 of them living together and 2 of them legally married by the moment of the app, i dont know if this might influence but is like that.
About requesting an owp by the time of aip, well, we call about 4 times to cic to know how to proceed, seems like it is the same, yes we do have the right to try to restablish our status, but in the owp you have to declare that you are out of status, in my case, ill explain why in an extra letter.
Dont know if this will help you, but is all i know based on my own experience.
God bless and good luck!

 

[nettie71]

Thanks so much, what I really wanted was to speak to someone in much the same situation, so thanks for replying. I will definitely stay and put my app in september, I will have overstayed 6 months by then, but fingers crossed and thankyou.