Illegal residency in canada?

[madmedic_1]

Also if you resided in Canada for a period of greater than 6 months, I believe for whatever reason and you tell CIC this...you will have to do an RCMP criminal record check. My wife was asked to do this because she was in Canada for 8 mths on a work and travel visa in 2010.

 

[ifear]

CIC will perform their own RCMP background check if they need one for you, or they may ask you to provide one at a later date.

When filling out IMM5669, I suggest that you show the dates (6 months) that you had legal visitor status, followed by a second entry showing the days that you were in Canada without status.

The fact that you `overstayed' and then corrected the problem by leaving and returning will NOT impact you application. Being anything less than completely honest about your overstay could in fact be a real problem.

Good luck!

Oh...and you are submitting an Outland application, even though you are physically present in Canada, right?!

I am not doing it outside of canada because im not outside of canada lol i currently have a 6 month stamp on my passport and plan to just apply for an extention after submitting my paperwork. I also going apply for an owp.

 

[Ponga]

I am not doing it outside of canada because im not outside of canada lol i currently have a 6 month stamp on my passport and plan to just apply for an extention after submitting my paperwork. I also going apply for an owp.

You do NOT need to be outside of Canada to submit an Outland application.

An Outland application for you would be soooooo much faster than an Inland application.

 

[ifear]

You do NOT need to be outside of Canada to submit an Outland application.

An Outland application for you would be soooooo much faster than an Inland application.

Ive been told differently from several sources. Ill stick with the application inside canada.

 

[rhcohen2014]

Ive been told differently from several sources. Ill stick with the application inside canada.

your sources are ABSOLUTELY WRONG! if they are attorneys, consultants and or cic call center agents, then i'm not shocked. it is ridiculous how much bad information is out there. if professional people are telling you this, then RUN THE OTHER WAY! Otherwise, my guess is your "sources" have absolutely no experience with spousal sponsorship.

just so you know, there are many many many many outland applicants who are/were IN canada as a visitor, worker or student. I for one, was IN canada for at least half of my processing. there is nothing illegal or wrong about this. an outland application has NOTHING to do with where the applicant physically is. It has to do with where the application processes and what the home country is of the applicant.

it's your choice. I wish you best of luck and hope you see your pr before 2017 and that the new OWP pilot program pulls through as promised. If you apply OUTLAND, you will be done in 6 months or so.

 

[brucem]

Ive been told differently from several sources. Ill stick with the application inside canada.

As Ponga and Rhcohen have said you can definitely apply outland from inside canada. It even encourages you to do so on the inland application guide to benefit from faster processing!

 

[ifear]

As Ponga and Rhcohen have said you can definitely apply outland from inside canada. It even encourages you to do so on the inland application guide to benefit from faster processing!

But I dont plan to leave Canada during the processing time. I dont see anywhere on it suggesting that I do the application from outside of canada. Also, if I have to go back to the states for the interview its really inconvenient, seeing as how not only the processing center for the paperwork there and where i'd have to do the interview is nowhere near my home state. Traveling to and fro is not cheap and im not going to do it just for a little bit faster processing time.

 

[rhcohen2014]

But I dont plan to leave Canada during the processing time. I dont see anywhere on it suggesting that I do the application from outside of canada. Also, if I have to go back to the states for the interview its really inconvenient, seeing as how not only the processing center for the paperwork there and where i'd have to do the interview is nowhere near my home state. Traveling to and fro is not cheap and im not going to do it just for a little bit faster processing time.

OMG! IT DOESN'T MATTER IF YOU DON'T PLAN TO LEAVE. YOU CAN BE IN CANADA THE ENTIRE TIME! stop questioning it and accept it as true already, since it is. there are hundreds of people on this forum that have done this and are currently doing this. to land, all you have to do is drive to a border. do you see ANYTHiNG that says otherwise? please inform me where it states a person MUST be out of canada during the entiring processing of their PR application. THERE IS NO SUCH THING!!!!!

As for the interview, 99% of US applicants are waived the interview, and it really shouldn't be a reason to get stuck in inland hell. if you have a straight forward case, you don't have dependant or criminal issues, and you leave 0 room to question your application, then more likely than not you will NOT have an interview.

obviously you are trying to rationalize your decision. none of it is based on FACT seen by REAL LIFE OUTLAND APPLICANTS FROM THE US! It appears to be based on made up nonsense from people who don't know the process and assumptions being made from non-legitmte sources!

I really really really hope someone comes by and posts EXACTLY where in the inland application it actually SUGGESTS TO APPLY OUTLAND TO TAKE ADVANTAGE OF THE QUICKER PROCESSING TIME. not that it matters, you made your mind up, and don't really sound like you want to hear any different that what you assume is "correct" when is it so very wrong.

 

[ifear]

OMG! IT DOESN'T MATTER IF YOU DON'T PLAN TO LEAVE. YOU CAN BE IN CANADA THE ENTIRE TIME! stop questioning it and accept it as true already, since it is. there are hundreds of people on this forum that have done this and are currently doing this. to land, all you have to do is drive to a border. do you see ANYTHiNG that says otherwise? please inform me where it states a person MUST be out of canada during the entiring processing of their PR application. THERE IS NO SUCH THING!!!!!

As for the interview, 99% of US applicants are waived the interview, and it really shouldn't be a reason to get stuck in inland hell. if you have a straight forward case, you don't have dependant or criminal issues, and you leave 0 room to question your application, then more likely than not you will NOT have an interview.

obviously you are trying to rationalize your decision. none of it is based on FACT seen by REAL LIFE OUTLAND APPLICANTS FROM THE US! It appears to be based on made up nonsense from people who don't know the process and assumptions being made from non-legitmte sources!

I really really really hope someone comes by and posts EXACTLY where in the inland application it actually SUGGESTS TO APPLY OUTLAND TO TAKE ADVANTAGE OF THE QUICKER PROCESSING TIME. not that it matters, you made your mind up, and don't really sound like you want to hear any different that what you assume is "correct" when is it so very wrong.

Dont really see any need for you to be rude and accuse me of blatantly not wanting something to be easier. I am going by what I have read on the government website, and the information I have been told from other forums and an immigration consultant, and the call center. It just doesn't make any sense how they would allow someone to apply with an outside application while inside of canada. I mean they made the 2 different for a reason, no? My concern is having to go back to the states. Its not something I want to have to deal with. And while a 99% chance of having it waived might sound fine to you, I dont want to be the unlucky son of a gun to have to leave the country to do it. I have been arrested before. No I was not charged with anything but I was arrested and detained over night. So that is a concern.

I would very much appreciate anyone who could actually post links and state facts instead of getting so blatantly angry over me wanting more information and not just blindly listening to some random person on the internet. Just because you say its so, doesnt make it so. But thank you for the reply. I'll definitely do my best to look into it.

 

[rhcohen2014]

Dont really see any need for you to be rude and accuse me of blatantly not wanting something to be easier. I am going by what I have read on the government website, and the information I have been told from other forums and an immigration consultant, and the call center. It just doesn't make any sense how they would allow someone to apply with an outside application while inside of canada. I mean they made the 2 different for a reason, no? My concern is having to go back to the states. Its not something I want to have to deal with. And while a 99% chance of having it waived might sound fine to you, I dont want to be the unlucky son of a gun to have to leave the country to do it. I have been arrested before. No I was not charged with anything but I was arrested and detained over night. So that is a concern.

I would very much appreciate anyone who could actually post links and state facts instead of getting so blatantly angry over me wanting more information and not just blindly listening to some random person on the internet. Just because you say its so, doesnt make it so. But thank you for the reply. I'll definitely do my best to look into it.

i am getting angry because you are not understanding anything i am saying, are refusing to accept the truth, and are making the assumption that all these people who are in canada while their outland application processes are doing something wrong or illegal! i don't know how to make it clearer. this will be the last time i post, and i will let other people confirm the fact you are wrong. the consultants are wrong, and you are mis-interpreting what the "government website" is saying. did you ACTUALLY ask this exact question to all these "experts" giving you wrong advice: "can a person apply for spousal pr from outside of canada while IN canada as a visitor? probably not in those words i'd imagine. and if you did, and people are telling you "no", then they need to be reported and stripped of their ability to be consultants. PLEASE enlighten me and post exactly where the government website says you can NOT apply outland while being in canada?

again, let me repeat...
OUTLAND PROCESSING HAS NOTHING TO DO WITH WHERE THE APPLICANT IS. IT HAS EVERYTHIGN TO DO WITH WHERE THE APPLICATION PROCESSES AND WHERE THE APPLICANT IS FROM. A PERSON CAN BE ANYWHERE IN THE WORLD WHILE THE APPLICATION PROCESSES. THAT INCLUDES, THEIR HOME COUNTRY, ANOTHER COUNTRY IN THE WORLD, CANADA OR EVEN THE MOON! A PERSON IS NOT GROUNDED TO THEIR HOME COUNTRY JUST BECAUSE THEY APPLIED FOR PR TO CANADA.

like i said, it's your decision. i just am here to provide you with the information that is found to be FACT based on the hundreds of US applicants who have applied and been approved for pr. this is not just my opinion or what "i'm saying". it is what the experience has been for real life people right here on this forum!! there are plenty of people who have outland applications in process and are IN CANADA! sorry you can't seem to understand this. it's your time you're wasting. good luck with your application and your choice.

peace out!

 

[rhcohen2014]

oh, and FYI.. here is your "fact" as written by CIC themselves!

this was lifted from Guide 5289 - Spouse or commolaw partner in canada (in the overview section):

and I quote:
"The family class is aimed at faster processing of spouse or common‑law partner applications from applicants outside Canada.
Processing times for spouses or common‑law partners in Canada are generally longer.
The person being sponsored can apply to a visa office outside Canada to take advantage of the family class processing standard. Processing times for applications processed in Canada are posted on our Web site."

So tell me, if the INLAND GUIDE SAYS THIS, THEN HOW IS IT NOT POSSIBLE FOR THOSE IN CANADA TO APPLY OUTLAND? it isn't. it's perfectly legal and what CIC WANTS you to do! your sources are wrong. end of story!

 

[Rob_TO]

But I dont plan to leave Canada during the processing time. I dont see anywhere on it suggesting that I do the application from outside of canada. Also, if I have to go back to the states for the interview its really inconvenient, seeing as how not only the processing center for the paperwork there and where i'd have to do the interview is nowhere near my home state. Traveling to and fro is not cheap and im not going to do it just for a little bit faster processing time.

As others mentioned, it's perfectly fine to reside in Canada and apply outland. Any immigration consultant or lawyer who says differently is a complete idiot as this is one of the most basic fundamental aspects to a family class app.

Inland applicants MUST be residing in Canada. Outland applicants can be residing anywhere in the world (including Canada).

The link to CIC inland guide explaining this was posted above. Personally, my wife applied for OUTLAND sponsorship even though she resided in Canada before and during the entire processing time. We even put our Canadian address in the application, and didn't put any address whatsoever from her home country. When approved, they mailed her COPR directly to our address in Canada, where we took to nearest USA land border to do her PR landing.

There has not been 1 single reported case on this forum, of an outland applicant getting rejected simply because they lived in Canada.

If you've been married 2.5 years and put together a solid application, you have a practically zero chance of needing an interview. An outland app for you could be done in 5-6 months or so, possibly even quicker. Meanwhile if you apply INLAND, you are looking at 2 full years.

 

[canuck_in_uk]

I have been arrested before. No I was not charged with anything but I was arrested and detained over night. So that is a concern.

I would very much appreciate anyone who could actually post links and state facts instead of getting so blatantly angry over me wanting more information and not just blindly listening to some random person on the internet. Just because you say its so, doesnt make it so.

To confirm what the others have posted, you can most definitely apply outland while inside Canada and CIC encourages this. Outland is SIGNIFICANTLY faster for an American than the inland process. There really is no benefit for you to apply inland. There have been many Americans in the past several months who have actually withdrawn their inland apps and submitted outland.

As for the arrest, given the fact that you weren't even charged, you should have no issues. Your FBI record will be clean, so you will just need to explain the circumstances of the arrest on the app. Even minor criminal records aren't really an issue for CIC.

 

[aminata2010]

I overstayed and even got an order to leave for 1 year. When I filled out my dates I put visitor each time. After the 1 year exclusion and being able to go back and forth..cic still requested I get a background check done for Canada.

 

[chipolopolo]

unless you re really fearing something in the usa, they is no need to apply inland which will probably take you 3 years as most people are taking with request of new medicals, police checks etc(cic will ask for updated stuff) i just read a lady on this forum who has done medicals 3 times now due to inland delay. Look at it this way, you can be a resident by the summer if u apply outland. And if you get rejected for your inland they is NO APPEAL. The worst that could happen on an outland is getting interview which of course is straight forward if u are genuinely married.

Beware of who you get immigration advise from too. Canada has many many false lawyers in this regard. They will scare you into using most suitable ways for them.