Inland Spousal Application and no status

[Noah1]

Hi,

I married a Canadian 4 years ago. I am out of status by 3.5years. I was advised I can apply inland. Is this possible to apply inland if I am out of status?
The guide last year read you don't have to be legal to apply inland but now I noticed the reference has been removed from the guide. I have called CIC and have received conflicting information. Have the laws changed?
Any advise would be much appreciated
Thanks

 

[floomy]

need to take care of your status first.
don't think you can apply for OWP without legal status in Canada.

 

[Ponga]

AFAIK, the public policy from Feb 2005 has not been officially changed, but...CIC did update the Inland Guide in September of 2014, removing the part about not needing legal status as long as the applicant had an eligible sponsor. Having said that, many people have applied since then, without status.

It is true that you will not qualify for the Pilot Program OWP; you would not receive your OWP until you reach AIP, which would be ~17 months after your application has been received.

Inland is bad enough, but without the possibility of working for a year and a half...you might consider applying Outland and leaving Canada (if told to do so).

 

[Aquakitty]

Ponga beat me to it but here's my 2c - Applying inland or outland without status is possible. However, there is no real guarantee you won't be removed from Canada. With inland, there is apparently some wording (a public policy?) that may prevent you from being removed, but I don't think anyone here is truly certain about this.

The public policy allows for someone who is out of status but not otherwise inadmissible to Canada, to apply inland.

If you apply outland and get ordered to leave, as long as you don't end up with a deportation order, your application would still be active. However if you are inland and get removed, your application would be cancelled.

As floomy mentioned, with inland you will not qualify for the OWP since you are out of status. So you'd' basically have to lay low for a year and a half without working.

Have you worked illegally in Canada? Are you from a visa-exempt country?

 

[Ponga]

Here's a link to the Inland Processing Manual (see IP8):
http://www.cic.gc.ca/english/resources/manuals/
[Last updated Oct 2006]


Have a look through section 5.27 on page 21, where you will find this:

Legal temporary resident status in Canada
Under the current Regulations, applicants in this spouse or common-law partner in Canada class
must have a valid temporary resident status on the date of application and on the date they
receive permanent resident status to be eligible to be members of the class.

However, under the spousal policy, applicants who lack status as defined under the public policy
(see “What is lack of status under the public policy” below) may be granted permanent residence
so long as they meet all the other requirements of the class (i.e., they are not inadmissible for
reasons other than “lack of status.”)

However, applicants who do not have temporary resident status and who cannot be granted
positive consideration under the public policy can be removed at any time. Further, the spousal
policy does not change the requirement to seek necessary authorization to visit Canada or to
work or study here.


---


Since there has been no update to this manual, nor have there been any Operational Bulletins (from 2014, 2015 or so far in 2016), this would seem to imply that this Public Policy is still in place. Having said that, this only applies to an Inland applicant, hence the IP (Inland Processing) prefix.

I suggest you submit an Outland application and hope for the best.


Good luck!

 

[Aquakitty]

However, applicants who do not have temporary resident status and who cannot be granted
positive consideration under the public policy can be removed at any time.

This kind of implies there is some protection against removal if you qualify for this public policy. Can't they just say what they mean? :

 

[Ponga]

This kind of implies there is some protection against removal if you qualify for this public policy. Can't they just say what they mean? :

NO, they can't because they would never forgive themselves for making the process easier...especially for those that are likely terrified!

The other part of that policy, was something called an Administrative Deferral of Removal, that CBSA was following. No idea what the status of THAT is, but it seems to still be around...maybe?

 

[Noah1]

Thank you all for your responses it is much appreciated. Unfortunately outland at this time is not an option so I am going to apply inland.


Aquakitty : I have not worked illegally and yes I am from a visa exempt country. I am thinking about investing a lawyer to help as I was chatting to one online and they said they would need to work out a strategy as to how to work around me being out of status. But I think I would be wasting my money. Do you think I would need one? The documentation looks ok. Thanks again for everyone's advice.

 

[omariewk1]

Thank you all for your responses it is much appreciated. Unfortunately outland at this time is not an option so I am going to apply inland.


Aquakitty : I have not worked illegally and yes I am from a visa exempt country. I am thinking about investing a lawyer to help as I was chatting to one online and they said they would need to work out a strategy as to how to work around me being out of status. But I think I would be wasting my money. Do you think I would need one? The documentation looks ok. Thanks again for everyone's advice.

You don't need a lawyer pal, I was in a worst situation than you with no status plus an immigration warrant out for my removal and I applied and got all the way to DM now I'm only waiting to go get my landing interview. there are lots of folks here that can and are willing to help and advise you in anyway possible like PONGA SOPHIEEE and many more.

 

[Ponga]

Thank you all for your responses it is much appreciated. Unfortunately outland at this time is not an option so I am going to apply inland.


Aquakitty : I have not worked illegally and yes I am from a visa exempt country. I am thinking about investing a lawyer to help as I was chatting to one online and they said they would need to work out a strategy as to how to work around me being out of status. But I think I would be wasting my money. Do you think I would need one? The documentation looks ok. Thanks again for everyone's advice.

Why is submitting an Outland application not an option? You can be IN Canada and still submit an Outland application...even if it's unknown what, if aything, CBSA might do differently. Since you'd still be in Canada without status for another couple of years (having to really watch your step) and no ability to work, an Outland application would get you through this much faster. Even something as simple as a routine traffic stop, could open up a big can of worms.

 

[Rob_TO]

Thank you all for your responses it is much appreciated. Unfortunately outland at this time is not an option so I am going to apply inland.
I have not worked illegally and yes I am from a visa exempt country.

Why is outland not an option? For visa-exempt applicants the whole PR process can be done in well under 1 year, at which point you'd be a PR and not have to worry about your status anymore.

With an inland app you'll be waiting 2+ years during which time you won't even be able to work, plus you'll always need to be worried about CBSA finding you out and possibly trying to remove you. If they did remove you, your inland app would be cancelled.

Risk with an outland app is if you are deported during the process or need an interview in home country, you'll need to return home. You can then wait there until the app is complete. Though there's a good chance you can simply remain in Canada out-of-status right up until the PR is approved. Risk to me is worth it, however it's up to you.

 

[Aquakitty]

Thank you all for your responses it is much appreciated. Unfortunately outland at this time is not an option so I am going to apply inland.


Aquakitty : I have not worked illegally and yes I am from a visa exempt country. I am thinking about investing a lawyer to help as I was chatting to one online and they said they would need to work out a strategy as to how to work around me being out of status. But I think I would be wasting my money. Do you think I would need one? The documentation looks ok. Thanks again for everyone's advice.

Just to parrot everyone else, why is it impossible? My husband was out of status and applied outland successfully.

 

[vbawa1922]

hii my case is kinda similar i came here in 2016 augast and studied in seneca college for 1 semester and i failed but i hv the transcipts after tht i worked on SIN which is worth 4200 its like 300hours and im doin nothing since april 2017 and got married in 2017 december now i prepared my inland file and paid fees but some people said i gotta check if i am illegal or legal here cause i stopped studying but my study permit expired in december 2018 plz help

 

[canamconnect]

A friend of mine went through this process and was out of status for 6 years. They were advised by CIC to apply for a Temporary Resident Permit as this makes your status a legal one again.

They sent in the TRP app with an OWP app at the same time as their PR app, he was granted both TRP and OWP. That is the part most are missing. If you are out of status you cannot just apply PR and OWP. OWP will not happen till AIP UNLESS you apply for TRP. Once you have legal status they can ok your OWP.

 

[SpdA]

A friend of mine went through this process and was out of status for 6 years. They were advised by CIC to apply for a Temporary Resident Permit as this makes your status a legal one again.

They sent in the TRP app with an OWP app at the same time as their PR app, he was granted both TRP and OWP. That is the part most are missing. If you are out of status you cannot just apply PR and OWP. OWP will not happen till AIP UNLESS you apply for TRP. Once you have legal status they can ok your OWP.

Does the same work for restoration As well?