Out of status application. New thread for those feeling lost.

[Loveactually]

I am starting this thread for those out of status and applying or who have done or who have been approved. Only encouraging comments please as yes we have made a mistake for what ever reason. Believe me I know this road is hard and emotional. Share your Story

 

[confusedhusband]

I was out of status when I send in my inland application (few days left for the 90 days to apply for restoration) I did apply for restoration of status and yes it was approved for one year

 

[Loveactually]

Oh that's great. Good to know we not alone. Wish I had extended my visa

 

[dominokitty]

Hello! We lost status due to a really stupid error - we applied inland and sent the wrong open work permit form with our application. If we'd sent the correct one, we would have been covered under implied status, but unfortunately we weren't notified of our error until after my husband's 6 month visitor permit expired. Luckily, we were still within the 90 day grace period for restoration of status! We sent the correct form for the work permit along with the restoration of status form with a letter explaining the situation. 4 months later we got the work permit in the mail. It's got a note on it saying his status was restored, so now we're safe for 2 years.

It was so stressful, but we got through it and everything worked out in the end

 

[Loveactually]

Oh that fantastic. I really love reading these positive comments.

 

[redherring]

These are really encouraging stories. I'm a bit worried too if they'll approve my 2nd visa extension by the time we'll apply for the sponsorship.

 

[Loveactually]

You see I did wrong and didn't apply for an extension and put myself in a horrible situation where I feel a terrible person. I have to forgive myself especially for my 6 year old. I just know I am not alone with you guys here. Keeping my fingers crossed for you redherring

 

[beans on toast]

I was also out of status. I applied for PR through my Canadian Experience Class in October 2014 and had my application returned as they had reached their limit. I was now out of status and didnt get it renewed as i was informed that i could still apply for PR through Family Sponsorship (my common law fiancee). My OWP didnt arrive after 4 months and when i enquired as to why - i was informed that being out of status i would not get the OWP until AIP stage. It's been 17 months no work, and i am expecting my OWP/AIP any time soon.

The frustration and financial burden is hard, the anxiety and panic attacks associated with being in Canada and going through these processes is difficult to deal with (this website provides a wonderful service both in information provided, and dealing with conditions associated with the whole visa/immigration process). But in the long run, its gonna be a blessing. I've learned new skills and potential other employment avenues than i previously had. I will be able to live with my partner in an area of the world in which we can live happily and be successful. As a white, western European i now understand 'immigration' (and the term immigrant) is not a 3rd world term to describe someone else, usually negatively, and understand what it takes for people like us to get through the system and the undertaking involved.

Chin up. Keep the wind at your back, and the sun on your face, and may the rain only fall on your crops.
Or something like that!

 

[Loveactually]

Beans on toast thank you for this. I have also came across things I took for granted for example health care I didn't realize how I couldn't live without it. My panic attacks have brought me so much fear and debt. Not being able to work and help provide for my has made me feel guilty. I have applied outland while being out of status. This I don't know was the right decision but no turning back now. The sun is definitely shining right now hope it stays that way.

 

[Pata]

I spent two years out of status.
When my work visa was about to expire I did try to extend it but unfortunately it was refused. My boyfriend at the time, now my husband and I decided to get married and apply for PR under the Family Sponsorship program.

To my eyes our case was a difficult one, we got married three days after receiving the refusal letter and one week before my visa expired. When we sent our application the waiting time was only 9 months, so we thought it was going to be really 9 months, intead we just saw the waiting time going up to 27 months.

We spent one year and 6 months waiting to hear back from CIC, we never received AOR, SA or AIP. The fisrt communication we got was the medical request... Long story short, I became a PR on March 29th !!!!

For now i'm still waiting for the PR card to arrive in the mail.

Those years were the hardest ones of my life... not working, not studying, not coverd with any type of medical insurance... anyways our life is different now that I have a permanent resident status!!

Best wishes to everyone!

 

[Ponga]

Believe me when I say that I sympathize with how you're feeling. I also applied without status (way more than 90 days), so I know the angst that goes along with feeling like an inferior human being, for getting into such a mess. I also accepted full responsibility for my conscious decisions that put me in that position...while at the same time being grateful to Canada for offering a way out.

Since Feb 2005, a person could apply for Spousal Sponsorship without having legal status thanks to a Public policy that was established by CIC Minister Joe Volpe:
http://www.cic.gc.ca/english/department/media/backgrounders/2005/2005-02-18.asp

This is been used for many Inland applicants to become a PR, but...apparently only a handful of Outland applicants (those IN Canada without status, that submitted an Outland application), have been as fortunate. This could simply be that the overwhelming majority of people without status listen to what, apparently, all experts suggest; to apply Inland if you are out of status. No idea if this is a known secret among professionals that know how CIC works, or if they just assume that people aren't smart enough to know that they can submit an Outland application while they are IN Canada. The issue is how the lack of status impacts the Outland applicant.

In September of 2014, the Inland Guide was changed. One of the changes, was the section that had mentioned this Public policy, and confirming that legal status was NOT required to apply. That language was removed and replaced with "Legals status is required...blah, blah, blah...", yet many people have since (and are still) submitting Inland applications and are being approved.

The real reason for your concern, is the fact that you have submitted an Outland application. As canuck_in_uk mentioned in a separate thread, there has only been one person, recently, that was told to leave Canada because she was found to be in Canada without status, with an Outland application submitted. There is nothing to indicate wither way, how CIC/CBSA treat those applicants, compared to Inland applicants, that no longer have legal status.

All you can do is pray and be thankful that Canada is so generous when it comes to those without status. A person that has overstayed in The U.S. for more than 6 months, for example, could be banned from returning for 10 years, or more!

This too shall pass.

 

[Loveactually]

Pata thank you for sharing your story. Well done for getting where you are now. Soon you will hold that card in your hand. I pray for that day. It definitely tests how strong you really are.

 

[Loveactually]

Ponga wow I have read your comments and seen how you have gave people help and support. Not once did I know you were out of status I missed that. It definitely has stripped the live out of me. I agree one hundred percent I do take all responsibility for my choices and I am so so grateful for this beautiful country for what it has given me I just now pray my outland application makes to the end. Thank you for the support ponga

 

[annakrystyna13]

My husband was out of status for a long time when we filed our Inland application. Initially he was here on a work permit, then he was on a visitor's visa because for some reason his work permit extension was refused. When his visitor's visa was about to expire, his consultant filed for an extension on the basis that he has to stay in Canada because he has a court case coming up and he needs to be here for it! As you have probably guessed, CIC replied that they will not extend his visitor's visa because he will probably become inadmissible and he must leave Canada immediately. By the way, the court case was for Impaired Care or Control. He slept in his car because he didn't want to drive under the influence. He was charged because "HE COULD HAVE DRIVEN". Welcome to Canada!
Anyway, he won the court case, we got married and applied inland. We were worried that CIC would question many things including what he did when he was here out of status for so long, etc, but they didn't. They didn't ask any questions. We received SA and DM in one day.

 

[Loveactually]

Holly you guys have been through alot. For some reason I thought I was the only one. Hahaha. Canada has been good to us. Well done