How can my wife get new PR & work pilot program having a expired visa?

[svetlana]

That is not very encouraging svetlana . So you were removed from Canada? And you are back now? Your spouse was/is Canadian? My wife has been out of status actually a year now and there has to be a way.

My spouse is Canadian. There is no restoration status of 1 year being illegal. The solution 2 your problem is only one: to apply inland and wait for the result ( but when they will start processing your file and will see that your wife was illegal all this time, they might remove her......or maybe they will not, as i told u every case is unique.....)...another chance is for her to go back and apply outland. In the first situation u may win or u may loose. Nobody guarantees u this. I applied inland and then they found out i was illegal and removed me. Everything depends on CBSA.

 

[brucem]

My spouse is Canadian. There is no restoration status of 1 year being illegal. The solution 2 your problem is only one: to apply inland and wait for the result ( but when they will start processing your file and will see that your wife was illegal all this time, they might remove her......or maybe they will not, as i told u every case is unique.....)...another chance is for her to go back and apply outland. In the first situation u may win or u may loose. Nobody guarantees u this. I applied inland and then they found out i was illegal and removed me. Everything depends on CBSA.

As previously noted Svetlana you can no longer apply inland when the applicant does not have legal status in Canada. A few months ago they updated the guide to this effect. Previously those whose status had expired were able to apply inland. This was a very sudden change and no real explanation for CIC was offered which caused a lot of anxiety for those who had already submitted inland applications while out of status.

I see from the OP previous posts that his wife has overstayed by three years.

 

[svetlana]

the only solution is to go back and apply outland. i was removed even when CIC had the policy that if u are illegal u can apply inland

 

[bajashawn]

Dominokitty I don't think I am above the law that is why I am here asking for advice. Thank you everyone for your help, advice and comments. I will look into our options and go from there. May God bless you all

 

[Ponga]

Meaning, to apply inland she must have legal status in Canada. No ifs, ands, or buts about it, she must leave Canada and return with a valid visa, and maintain legal status in order to apply from within Canada. You can try applying outland from within Canada with illegal status but like brucem said, nobody knows whether this would be successful or not.

Here's a link to the form brucem suggested you read: http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

Whoa! That may or may NOT be true, since the only update that CIC has provided is the instruction guide for Inland applicants.

The `policy' to allow those without legal status to apply was implemented in February 2005. So far NOTHING has been updated to show that this policy has expired...other than an instruction guide. The Inland Processing manual that is used by CIC (ip08) hasn't been updated and CIC hasn't published any operational bulletins to reflect this change.

The OP should simply call an experienced lawyer and inquire about this potential change.

This was posted by another member in another thread discussing this very issue:
"Hi everyone I just recieved the email from a lawyer saying that no changes have been made to out of status and that they will continue to help out of status people in the future. I guess this is good news for many "

 

[truesmile]

I'm surprise no one has suggested that she "stay" in Canada and apply outland, as you are certainly permitted to apply outland from within Canada.

 

[Ponga]

I'm surprise no one has suggested that she "stay" in Canada and apply outland, as you are certainly permitted to apply outland from within Canada.

It was mentioned by brucem (reply #9), but I'd be hesitant to apply Outland without status, because I've not heard of anyone that was successful in doing so.

The Inland application has always been the `way out' for those without status, according to several lawyers that have been contacted about this (previously).

 

[jsrnm]

Hi everyone I was the one who contacted the lawyer and they knew nothing of a change for out of status people. They advised me to continue with inland. I have still not applied as I have phisically panicking and taking attacks about being removed from my partner and my baby. Outland seems like it would be an option and have the same risks at the moment. I am struggling with a decision

 

[truesmile]

Except that outland could be faster, depending on the VO involved. And if the applicant is removed or must travel to their home country, their application is not at risk of being cancelled.

 

[jsrnm]

Yes having the application not cancelled is what I am thinking about it.

 

[Ponga]

Except that outland could be faster, depending on the VO involved. And if the applicant is removed or must travel to their home country, their application is not at risk of being cancelled.

Perhaps, but what happens when the person finally returns to Canada (after being removed) and is asked this question during their landing interview:
"Have you ever been removed from Canada or any other country"?

Would that impact the visa officer's decision to grant the person PR status?

Or worse...if CBSA questions them before they even make it to the landing interview and determines that they are inadmissible to Canada, because of the previous overstay and removal action?

Too many `what if' questions, which is why it's paramount that a person in this situation seek REAL legal help, and not just the opinions of all of us here, that are simply trying to help.

 

[bajashawn]

IS it still possible to apply inland or outland without her being asked to leave? It would be really hard on our children they are in school. Yes I understand we messed up. I just want to find a way to fix it. Thank you all for the help

 

[Ponga]

Here is just one example of what lawyers say about those without status:

There are two kinds of spousal sponsorship:

1.

Spousal sponsorship application within Canada

If the spouse is already in Canada, it is possible to have the spousal sponsorship application processed within Canada. However, it is not widely recommended due to various complications and lengthy processing time. Please consult an immigration lawyer before proceeding.

On February 18, 2005, a new policy was announced with respect to inland applications for those who are out of status. The issues are complicated and a lawyer should be consulted as to whether an out of status person seeking to apply from within Canada actually qualifies under the new policy.

2.

Spousal sponsorship application outside Canada

Sponsor and the applicant can choose to have the spousal sponsorship application processed outside Canada. In such case, the application is processed at the visa post responsible for the country, which the applicant is a citizen or has legally resided for at least a year. The applicant is able to reside in Canada while the sponsorship application is in process outside Canada, as long as the applicant is able to maintain legal status in Canada.

[source] http://immlawbymoses.com/index.php?m0=1&m1=15&m2=39&LANG_VAR=2


It would seem that if applying Outland, while being in Canada without status were a valid option, `they' would be advising EVERYONE* to apply Outland, since it IS normally substantially faster than Inland...but so far, I haven't found a single resource to indicate that as an option.

Just my $0.02

* [save for those that would be faster Inland than their visa office, applying Outland]

 

[bajashawn]

It would seem that applying for inland status would be the best option. IF doing so, would my wife be permitted to stay here in Canada?

 

[scylla]

It would seem that applying for inland status would be the best option. IF doing so, would my wife be permitted to stay here in Canada?

The short answer is that since your wife is out of status, there is no process that will guarantee she will be able to stay in Canada while her application is being processed.

As others have said, it may be faster to apply outland depending where your wife is from.