Inland while overstay ???

[jsrnm]

Hi i have overstayed by almost 2 years we have been in a relationship for almost 6 years and have a 4 year old child together. If i did an inland application whats the chances of me being removed from canada. I am from the UK,

 

[scylla]

You may want to revisit your old thread on this subject (from about a month back). There was a lot of good advice given to you there.

http://www.canadavisa.com/canada-immigration-discussion-board/scared-and-confused-t231069.0.html

 

[jsrnm]

I am now applying inland but i just don't know whether i will get removed.

 

[tink23]

I am now applying inland but i just don't know whether i will get removed.

There is a possibility that you will be removed, which is why you should apply Outland. If you apply inland and are removed, then your application will be denied.

 

[jsrnm]

But i thought u were allowed to apply inland with no status

 

[tink23]

But i thought u were allowed to apply inland with no status

You can apply inland and be granted PR, but I'm not sure if that can save you from being removed for lack of status... I was scouring through documents but couldn't find anything that gave detail about this. Hopefully someone with experience in this matter will help you.

For time reasons and possibility of being removed, you are probably much better off applying Outland. Unless your visa office is Singapore or one of the 2+ Year visa office, Outland will be much faster.

 

[jsrnm]

Thank tink23 i just put my canadian son in kindergarden so i would hate to take him out. Thank u anyway

 

[tink23]

Thank tink23 i just put my canadian son in kindergarden so i would hate to take him out. Thank u anyway

You can apply Outland and stay in Canada. Just this way, if you had a removal order, your application wouldn't be automatically denied.

 

[Alurra71]

You can apply Outland and stay in Canada. Just this way, if you had a removal order, your application wouldn't be automatically denied.

You can remain in Canada, yes, but would have to resolve current status in Canada as I do believe an outland application would ask about your current status in Canada if you are already in Canada as the OP is.

 

[Rob_TO]

Outland will be much faster.

Considering she is here illegally for 2 years, I wouldn't assume an outland app would go via regular/quick processing times.

If visa officer thinks the current overstay makes her inadmissible to Canada, the outland app could be rejected altogether, or she could be forced to restore her status (by leaving Canada) before her PR app is approved. There are many ways this could go, so it will not be a "normal" application.

 

[Ponga]

Legal status is not a requirement for an Inland application. To submit an Outland application, while in Canada, you must have legal status.

This is why the same language that is in the Inland Guide (no status required) is NOT in the Outland Guide.

It's only fair. Rewarding someone without status with the faster processing time of an Outland application would be a slap in the face to all those Inlanders that DO have legal status.

 

[jsrnm]

Ponga if i did inland whats the chances of me being removed. Outland while being in canada with no status is a slap in the face i agree. If i were to be removed what would happen to my son

 

[Ponga]

Ponga if i did inland whats the chances of me being removed. Outland while being in canada with no status is a slap in the face i agree. If i were to be removed what would happen to my son

I'm afraid that I don't have a solid answer for you.

I should also say that there is at least one member here that believe that you can submit an Outland application from within Canada, even without status. I, personally, still disagree.

Prior to November 2011, the CBSA had an `Administrative Deferral of Removal' policy in place that would, in essence, leave a person alone that was out of status provided they had an Inland application submitted to CIC. They would just wait until the person reached first stage approval (or not) before taking any removal action. If the person received AIP, they would be allowed to remain.

Many people still believe that CBSA will not remove someone with an Inland application, but I don't know if it's automatic any longer.

It sounds like you should do something ASAP...whatever you decide.

Good luck

 

[jsrnm]

I plan to do the inland end of this month just very afraid

 

[Rob_TO]

Ponga if i did inland whats the chances of me being removed. Outland while being in canada with no status is a slap in the face i agree. If i were to be removed what would happen to my son

Nobody here can even remotely say what CBSA will or won't do.

There was another poster here recently dealing with CBSA removal process as well as an inland application in process, though I can't recall the specific post or what the final conclusion was. If I remember, CBSA told that poster as soon as you get stage 1 approval they would back off any deportation process. In some cases I seem to remember CIC speeding up stage 1 approval for this specific reason though not sure of the details.

If the worst case happened and CBSA deported you, then any inland app you had in process would be cancelled and you would need to submit a new outland app from outside of Canada. It would be up to you what would happen with your son. I assume he could either leave Canada with you, or stay here with your spouse.