FROM INLAND TO OUTLAND - SERIOUSLY NEED ADVICE

[CHLOE]

i AM CURRENTLY APPLYING FOR AN INLAND APPLICATION.I AM ALREADY OUT OF STATUS BECAUSE MY EXTENSION WAS NOT GRANTED SO I DECIDED TO DO AN INLAND APPLICATION.I HAVE A 5 YEAR OLD SON WHO WAS BORN HERE.MY SPOUSE AND I HAVE BEEN LIVING TOGETHER BEFORE HE WAS BORN .WHAT ARE MY CHANCES OF GETTING APPROVED OR DECLINED.IF DURING THE PROCESS I DECIDE TO THE OUTLAND ,WOULD THAT BE ELIGIBLE?I CANT LEAVE MY SON HERE AND I DON'T WANT MY FAMILY TO BE SEPARATED.I CAME HERE TO CANADA 8 YEARS AGO UNDER THE LIVE IN CARE GIVER BUT WAS NEVER ABLE TO COMPLETE IT BECAUSE BECAME PREGNANT.HAS ANYONE BEEN IN THE SAME SITAUTION. IM ALSO PLANNING TO GO HOME TO MY COUNTRY THE PHILIPPINES IN MARCH OR APRIL NEXT YEAR.FOR A VERY QUICK VISIT.SERIOUSLY NEED ADVICE

 

[canadianwoman]

If you go back to the Philippines next year, they probably won't let you back in to Canada. You will need a TRV, which they will almost certainly not give you. If you can't get back in to Canada, your inland application will be dismissed. You cannot change from inland to outland.
It is better to submit an outland application. 'Outland' does not mean you are not in Canada. You can submit an 'outland' application while in Canada - 'outland' means if there is an interview you will have to go to Manila for it. Manila is taking 4 to 8 months right now to process spousal applications. 'Outland' applications are usually much faster than 'inland' applications.

 

[PMM]

Hi

If you go back to the Philippines next year, they probably won't let you back in to Canada. You will need a TRV, which they will almost certainly not give you. If you can't get back in to Canada, your inland application will be dismissed. You cannot change from inland to outland.
It is better to submit an outland application. 'Outland' does not mean you are not in Canada. You can submit an 'outland' application while in Canada - 'outland' means if there is an interview you will have to go to Manila for it. Manila is taking 4 to 8 months right now to process spousal applications. 'Outland' applications are usually much faster than 'inland' applications.

Except with no status in Canada, there is a good chance with an "outland" application, Manila will want to interview and she will have to attend.

 

[CHLOE]

im concern of the police clearance check that i need to get from canada .wheather inland or outland.im afraid that getting finger prints from the police would be away of spotting me here in the country.can i submit the clearances after i have sent it the application?thanx for the advice.good thing i can do outland application while in canada without status.and i really dont mind going home to the phil for an interview.just worries me my application might get denied cos ive overstayed .but 90% ,i heard it would be approved because of my son.i don tknow .everything is stressing me out.but thanx for the advice.6 months is really very quick

 

[CHLOE]

Hi PMM what do you mean by except no status in canada.

 

[nash_arsenal]

You DONT (atleast for outland, i dont know bout inland) need a canadian PCC, Unless CIC asks you for a canadian PCC. Although its a good idea to leave the country because of having no status in canada. Will make your case stronger because you left on your own.

 

[CHLOE]

i will do the outland application asap but can i do that while im still here and then go back in two months..while the papers are still in process.or must i go back then do the application.we only have enough money to send in the application but my fare will have to be in two months.can i come back here while my outland is being process?im going home with my son

 

[nash_arsenal]

That will have to be your personal decision. I know going back and applying for PR are expensive things, but i dont want to see you get in trouble for overstaying (you might OR you might not get in trouble but thats a risky chance to take in my most humble opinion, but end of the day its your life and your decision) So the longer you wait to go back the difficult it gets.
As for coming back its highly unlikely that they'll give you a TRV to comeback to canada while your outland app is being processed.

 

[CHLOE]

thank you Nash,you are right ,there is no easy way out except to do it the clean way.my concern is now my passport has expired.would that be a question if im ask for an interview at the manila office?i can get a new pasport at our embassy here in vancouver provided i show receipt of application for pr.so as u said go home and do application .its almost complete except for the police clearance and also i have a medical done here in vancouver.i think i have to be honest that i actually overstayed in my application and that im still here

 

[nash_arsenal]

Yes no doubt about that, you have to be honest. Some people might tell you go ahead and dont tell them but ive seen honesty always pays in the end. Also if they catch one of your lies than everything else you've told them has the potential to be a lie.

For example....people told me that since they dont stamp your passport when you leave canada CIC has no idea when you left, which i found to be untrue cuz in my case at the time of landing the officer knew exactly when and where(and how many times) i had entered and left canada.

I was never asked to explain why i had a different passport in the begining and a new passport at the end. CIS knows passports expire. Although since your passport is already expired, i dont know if that effects anything. Iam pretty sure one of the learned members here will let you know.

 

[canadianwoman]

thank you Nash,you are right ,there is no easy way out except to do it the clean way.my concern is now my passport has expired.would that be a question if im ask for an interview at the manila office?i can get a new pasport at our embassy here in vancouver provided i show receipt of application for pr.so as u said go home and do application .its almost complete except for the police clearance and also i have a medical done here in vancouver.i think i have to be honest that i actually overstayed in my application and that im still here

You don't need a police clearance from Canada, unless the visa office asks for it, which would be after you submit your application.

If you apply inland and are caught being illegally in Canada, you will probably have to go home. Your application will be dismissed. If you leave Canada while you have an inland application in process, you will need a TRV to get back in - and they won't give you one - so your application will be dismissed.
If you apply outland, you can stay in Canada as long as you are not caught, but will have to go back to the Philippines for the interview, and will then have to wait in the Philippines till you get the PR visa, because, again, you will need a TRV to get back into Canada, which they won't give you.

So it seems to me the best plan would be to apply outland. Overstaying, but leaving voluntarily, is much better than overstaying, getting caught and then being deported. Just keep in mind that oonce you leave Canada, you won't be able to get back in until you have a PR visa. The fastest way to get one is applying outland and leaving Canada voluntarily to wait in the Philippines.

 

[CHLOE]

thankyou so much for your reply Canadian woman.but i think if i apply through outland,chances are i will be caught because when i file my application i have to fill where im presently at.so if they look at my papers when its open at the immigration missagua after 45 days or so they will see i have not left the country.then will send sum officers knocking on my door.eventually once they open the file i will get caught.so best bet go home and just wait.my other plan was apply inland and hopefully wait for an implied status/open work permit.then apply at seattle embassy (passports can just be sent) fora multiple visa to reenter canada while i have legal implied status already.ever hear of such thing?or maybe once i have my applied status ,cancel my inland application and redo/ pay for a new outland application while on legal implied status.does it actually make sense

 

[CHLOE]

thankyou so much for your reply Canadian woman.but i think if i apply through outland,chances are i will be caught because when i file my application i have to fill where im presently at.so if they look at my papers when its open at the immigration missagua after 45 days or so they will see i have not left the country.then will send sum officers knocking on my door.eventually once they open the file i will get caught.so best bet go home and just wait.my other plan was apply inland and hopefully wait for an implied status/open work permit.then apply at seattle embassy (passports can just be sent) fora multiple visa to reenter canada while i have legal implied status already.ever hear of such thing?or maybe once i have my applied status ,cancel my inland application and redo/ pay for a new outland application while on legal implied status.does it actually make sense