Living in Canada as a visitor. Marriage Sponsorship Questions

[Ponga]

. It gets me worried because my husband and I have 2 children together and the reason for his overstay was because he didn't want to leave his children. Not sure if they even care about children in any of there choices, I'll have to send my application and hope for the best ,

I think that those that do NOT benefit from the public policy, are those that have already been determined to be removal ready (as outlined in the IP8 document), which is why they say that a person may qualify.

I also believe that CBSA does NOT enjoy splitting up families, if the person without status is trying to fix their mistake and has submitted an application.


Good luck!

 

[Amalthea]

If he were to apply Outland, and CBSA deported him, would his Outland application still be valid? This would cancel an Inland application, since you must be in Canada for the duration of the application.. which is 2-3 years.. a very long time! But would it cancel an Outland app? Most Outland apps at Ottawa (which is where US apps go) are being processed in 6-9 mos.. and normally, you have the freedom to travel back in forth, or even remain in Canada for an Outland application, and they will often grant visitor extensions if you have a PR app in process.

I know it's hard to be apart, this is going to be a very personal decision for you as to which way you chose to do this, but personally I would go back to the States, get my passport and apply Outland from there and wait out the 6-8 mos. Or, if people have been successful doing Outland apps in canada while out of status, I would do it that way. But, that is what I would do personally. You'll have to make a big list of all the pros and cons of each.

Proud of you for trying to do the right thing. Hang in there. You seem to have your head on straight Just be honest with CIC and I'm sure they will value your intent to do things the right way. You got this!!!

 

[Ponga]

If he were to apply Outland, and CBSA deported him, would his Outland application still be valid?

Yes, but if were to be officially deported, and not just issued a Departure Notice (telling him to leave Canada immediately), he would then be deemed inadmissible to Canada and would be unable to actually `Land' to get his PR.

Once a person is deported it's very difficult for them to return.

 

[Ponga]

It's also worth mentioning that a person that has been in Canada without status, may be asked to [somehow] prove that they were not working illegally.

Yet...one of the classifications in document IP8, for a person without status, includes someone that has worked without authorization.

Lack of Status
For the purposes of the current public policy only, persons with a “lack of status” refers to those in the following situations:
• persons who have overstayed a visa, visitor record, work permit or student permit;
• persons who have worked or studied without being authorized to do so under the Act;
• persons who have entered Canada without the required visa or other document required under the Regulations;
• persons who have entered Canada without a valid passport or travel document (provided valid documents are acquired by the time CIC seeks to grant permanent residence).



So, does this mean that a person that has both overstayed and worked without authorization would still qualify under the public policy? If so, I'd say that this form of amnesty is very generous of CIC.

 

[Amalthea]

Yes, but if were to be officially deported, and not just issued a Departure Notice (telling him to leave Canada immediately), he would then be deemed inadmissible to Canada and would be unable to actually `Land' to get his PR.

Once a person is deported it's very difficult for them to return.

Thank you for the clarification!

 

[Zakmalik]

It's also worth mentioning that a person that has been in Canada without status, may be asked to [somehow] prove that they were not working illegally.

Yet...one of the classifications in document IP8, for a person without status, includes someone that has worked without authorization.

Lack of Status
For the purposes of the current public policy only, persons with a “lack of status” refers to those in the following situations:
• persons who have overstayed a visa, visitor record, work permit or student permit;
• persons who have worked or studied without being authorized to do so under the Act;
• persons who have entered Canada without the required visa or other document required under the Regulations;
• persons who have entered Canada without a valid passport or travel document (provided valid documents are acquired by the time CIC seeks to grant permanent residence).



So, does this mean that a person that has both overstayed and worked without authorization would still qualify under the public policy? If so, I'd say that this form of amnesty is very generous of CIC.

actually never thought that they might ask "how have you been supporting yourself while out of status" glad you brought that up, in my situation my husbands family sends him money for expenses but I am not sure about this posters financial situation , it's a very good question for them to ask thank you for pointing it out

 

[Zakmalik]

While I appreciate all the help, I still haven't gotten any good straight answers through this thread or any other thread I've read. All I need is a straight answer to the following: Which option carries less risk for deportation, since I am staying illegally with no option to leave Canada? Applying outland, or inland along with an OWP app? One way or the other, I am applying for one and I need to know which is best for me.

Hi just thought id let you know I've spoken to 2 lawyers one from this site and another in my area and was told inland was the best route for out of status by both of them , they both gave similar answers that there is no protection for outside canada , and that inland don't often get removal orders while an application is in progress ,and if so they tend to back off when proof of sponsorship in orogress. from this info I am applying inland , you can do as you please with the info I have received ! Good luck