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illegal status applying outland

M

mengmeng

Newbie
Apr 16, 2013
6
0
i have been in canada for 12 years and out of stats for three years.been living common law partner for 7 years.would like to make things right .i am applying through outland.but will leave canada once passport is required.my son daughter born here is still in school.to cut my long story short ,i am filling up the imm 008 form and would like to know where should i put my country of residency/is it my home country or where i hvae been living currently(which is canada)
 
hello,
if you live in Canada at the moment, put that there so that you will be able to prove you and family living together as c'law and genuineness of relationship. further still, i will get married to authenticate relationship and genuineness.
 
abauwa said:
hello,
if you live in Canada at the moment, put that there so that you will be able to prove you and family living together as c'law and genuineness of relationship. further still, i will get married to authenticate relationship and genuineness.
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Yeah, put Canada. But don't get married for immigration purposes!

Good luck :)
 
mengmeng said:
i have been in canada for 12 years and out of stats for three years.been living common law partner for 7 years.would like to make things right .i am applying through outland.but will leave canada once passport is required.my son daughter born here is still in school.to cut my long story short ,i am filling up the imm 008 form and would like to know where should i put my country of residency/is it my home country or where i hvae been living currently(which is canada)
Click to expand...

Hi,am in the same situation as you,been in Canada for over 11 years without status,applied PRRA and was denied,applied inland sponsorship in Nov last year and just waiting now!
Am married though for five years and have three children!!-Good luck to us:)
 
I agree, put Canada on the form for your residency.

We are in a similar situation. My husband is also out of status, a little over 2 years now. We chose to apply inland after reading more about the spousal public policy. Our application was received Feb 15th. We are also waiting and not sure what to expect. Good luck to you.
 
Isn't it better to do it inland as you will get an implied status once you finish the sponsorhip approval?
 
Iay said:
Isn't it better to do it inland as you will get an implied status once you finish the sponsorhip approval?
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I am not 100% sure about this, but I think implied status is when you apply before you lose your status and during the processing of your application you lose your current status. Say you apply in March 2013 and you lose your status in May 2013 - so you have implied status until a decision is made on your case. I do not think you receive implied status after you apply if your status is already lost (I mean, no status to imply, right? But I may be wrong).


From CIC website:
http://www.cic.gc.ca/english/visit/extend-stay.asp

Implied status

If your visitor visa expires after you have submitted your application for an extension of your authorization to remain in Canada, you will be considered in status as a temporary resident (visitor) until a decision is made on the application. This is known as implied status.


Also from OP 11 (http://www.cic.gc.ca/english/resources/manuals/op/op11-eng.pdf)

Implied status
(Replaces OB 092 – January 15, 2009)
A temporary resident must apply to extend their period of authorized stay before it ends. If they
have done so, their period of authorized stay as a temporary resident is extended by law until a
decision is made [R183(5)]. Such a person is considered to have implied status as a temporary
resident during that period.
 
cempjwi said:
I am not 100% sure about this, but I think implied status is when you apply before you lose your status and during the processing of your application you lose your current status. Say you apply in March 2013 and you lose your status in May 2013 - so you have implied status until a decision is made on your case. I do not think you receive implied status after you apply if your status is already lost (I mean, no status to imply, right? But I may be wrong).


From CIC website:
http://www.cic.gc.ca/english/visit/extend-stay.asp

Implied status

If your visitor visa expires after you have submitted your application for an extension of your authorization to remain in Canada, you will be considered in status as a temporary resident (visitor) until a decision is made on the application. This is known as implied status.


Also from OP 11 (http://www.cic.gc.ca/english/resources/manuals/op/op11-eng.pdf)

Implied status
(Replaces OB 092 – January 15, 2009)
A temporary resident must apply to extend their period of authorized stay before it ends. If they
have done so, their period of authorized stay as a temporary resident is extended by law until a
decision is made [R183(5)]. Such a person is considered to have implied status as a temporary
resident during that period.
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Yes,you do get implied status if they approve the first stage,that's what CBSA told me anyway!!
 
mengmeng said:
i have been in canada for 12 years and out of stats for three years.been living common law partner for 7 years.would like to make things right .i am applying through outland.but will leave canada once passport is required.my son daughter born here is still in school.to cut my long story short ,i am filling up the imm 008 form and would like to know where should i put my country of residency/is it my home country or where i hvae been living currently(which is canada)
Click to expand...

I would research and ask more about applying outland (unless you are dean on doing it that way - but you do not have to). This is because while inland applicants may be overlooked their overstays by virtue of the undertaking by the sponsor, there seems not to be such an automatic policy for outland applicants, which may become non-compliant (and thus inadmissible) by having overstayed their period of authorized stay.

Also, if you apply outland you may require an ARC (Authorization to Return to Canada) to land as this process requires you to leave Canada (although you can make an appt to land within Canada at one of the CIC offices but I am unsure of how your status may affect your ability to land that way).
 
I assume you entered legally and just over-stayed (versus illegally entered)? You should put Canada. For the "to" date, put in "8888-08-08". After validating, print out the form and write in "Present". Also, write a cover letter and explain that's what you did.

I overstayed for about 1.5 years before we applied, but left the country to visit my parents right before my husband sent in the application. When I came back, my husband picked me up in the US and we drove across the land border. I was sent to secondary and the IO gave me a visitor record for 1 year before I even asked. So, I'm currently in status.... But when we were discussing options with our lawyer, she did seem concerned about my being out of status and was recommending that we try to correct the overstay by applying separately for a TRV/TRP (don't remember which one since we didn't go down that route and just left instead). If you're very concerned, maybe ask an immigration lawyer?
 
Hello everyone!

Here is my situation:
I was in Canada on a Student Visa. I overstayed it.
I met my fiance in July, 2010. Moved in with him in October, 2010.
In April, 2012, I came to Brazil trying to makes things right with Canada, and tried another Student Visa, which was denied.
Then my fiance and I applied as Common-law in November, 2012.
He came to visit me and meet my family and friends at the end of december, 2012, and left now at the end of March.
He was already approved as my sponsor.
Is there a problem the fact I overstayed in Canada?
Before I left, he called the Immigration and asked what would be our best move, and they've said the first step would be me leaving Canada, and applying outside.
And so is what we did.
I just need a little peace of mind, and know it won't be an issue.

Thank you all! Best of luck to all of us! =]
 
BrazilianGirl said:
I just need a little peace of mind, and know it won't be an issue.
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You will be fine as long as you sent good evidence of your relationship, and sounds like you have genuine relationship :). Don't worry. Hope the process goes quick.
 
AnaMaria said:
You will be fine as long as you sent good evidence of your relationship, and sounds like you have genuine relationship :). Don't worry. Hope the process goes quick.
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Thank you sooooo much, Ana Maria!!
And we did sent TONS of pictures of us in all kind of weather and with his kidlets and family!

Thank you!
 
Thankyou all for your reply.would it be possible to stay here though while Outland is in process or I must leave immediately once papers have been sent Outland .my child born here goes to school here and he has a disability and thus see lots of doc.if I apply inland I am afraid it will take 2 years without AIlp and just get rejected.
 
Ask a lawyer. It doesn't seem like anyone here can answer the specific question of whether or not you need to be in status when you apply outland (and during the process). Most people currently out of status apply inland (and that was the advice given by my lawyer). Keep in mind given the length of your relationship and the two kids, you're unlikely to be rejected. Also, although there is no appealing an inland decision, there's nothing that precludes you from leaving at that point and re-applying outland. Good luck.
 
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