illegal and applying for pr

[melissa-vancouver]

hello all
here is my story - my visa expired one year ago. i got married this summer. now we are getting ready all paperwork. my question - how is better to apply - from inside or outside. i want to apply from outside but stay in the country, because its faster and i have rights to appeal. but can its be a big minus, if i was and i am still illegal in this country?
thank you

 

[newtone]

hello all
here is my story - my visa expired one year ago. i got married this summer. now we are getting ready all paperwork. my question - how is better to apply - from inside or outside. i want to apply from outside but stay in the country, because its faster and i have rights to appeal. but can its be a big minus, if i was and i am still illegal in this country?
thank you

As you mentioned your visa expired a year ago and then you married this summer. So in the first instance the IO will not look at this favorably. Secondly you got married this summer that would reinforce the fact that instead of leaving legally you decided to stay here illegally and marry someone. You could appeal by staying here but this dosen't make a strong case. This can go on for years with more and more frustration building up.

 

[kelKel]

Melissa what country are you from?

 

[melissa-vancouver]

estonia

 

[elinapapule]

I have the same problem. Just my visa expired less than one year.

 

[kelKel]

Melissa since you're from a visa exempt country I would probably prepare an outland application and head home for awhile. I know the option of leaving your husband isn't all that great but in the long run it might be a better option. This way you correct the status of your overstay. This will look better on you. You'll be filing through Warsaw which has a pretty fast processing time. You have the right of appeal and its faster.

You can submit an inalnd application but because you are here illegally chances of it getting sent to a local office are high. It could take years to process. In this time you can't work and if its refused you have no right of appeal.

 

[plumosa]

you can file outland without leaving Canada, and this will give you the right to appeal.

 

[kelKel]

Plomosa I've wondered about applying outland even while illegal in Canada. I know it doesn't matter where you are residing but wouldn't they become aware you are here without status and issue some sort of departure order? I would be too scared to risk it.

 

[elinapapule]

Anyone know, lost my legal status in Canada, We are applying Outland, who has to send application form? Me who is leaving to my home country, or my husband - sponsor from Canada? And what about medical? Can I get medical here in Vancouver , or better in my home country? One more question - if IO asks for police certificate from Canada police , can I get one if I am in my home country?
Thank you very much

 

[canadianwoman]

Anyone know, lost my legal status in Canada, We are applying Outland, who has to send application form? Me who is leaving to my home country, or my husband - sponsor from Canada?

Get your husband to send it from Canada - it will be going to Mississauga.

And what about medical? Can I get medical here in Vancouver , or better in my home country?

The medical can be done anywhere, as long as it is done by a DMP. Vancouver is fine.

One more question - if IO asks for police certificate from Canada police , can I get one if I am in my home country?

You should be able to arrange it. They don't usually ask for a Canadian police certificate.

 

[elinapapule]

Thank you. Just one more question. Can we send apllication form Next week ( january 12) , and i an staying for one more month in Canada, And only then leaving. Because i know there will be interview 100%!!

Thank you very much

 

[canadianwoman]

Yes, you can send the form next week. It takes more than a month for CIC at Mississauga to open it anyway.