Out of status in Canada,getting married here..HELP

[jasbir78]

Dear friends.

entered Canada as a student, but now out of status for 2 yearss.
Now getting married in Canada and wife is PR.

Should i file PR in Canada spousal sponsorship OR leave Canada and file from outside?

Pls Share..

 

[Aquakitty]

Dear friends.

entered Canada as a student, but now out of status for 2 yearss.
Now getting married in Canada and wife is PR.

Should i file PR in Canada spousal sponsorship OR leave Canada and file from outside?

Pls Share..

Well, since you are out of status, appling inland won't give you the benefit of a work permit for 17ish months. So, it's basically down to if you want to live in Canada or your home country during the process. If you stay in Canada out of status though, there is always the possibility of the CBSA catching you, so you will have to lay low for 2 years. Are you from India?

 

[jasbir78]

thanks for sharing.
yes, from india.

i read CIC has given flexibility to out of status persons to file in-canada spousal applications.

 

[Aquakitty]

thanks for sharing.
yes, from india.

i read CIC has given flexibility to out of status persons to file in-canada spousal applications.

Yes, but the CBSA isn't CIC, and they have shown up at people's doors with departure orders, and/or had them come in for interviews. Once you have the PR in process you have some protection, but I wouldn't be doing anything that would get you on their radar.

You can also apply outland even though you are out of status. The good thing is if they put a departure order on you, you can just leave without it affecting your PR application. And, you still have the right of appeal. But, apparently it doesn't have the same protection policy in place as the inland application does (if there is even such a policy any more).

 

[braveheart09]

Dear friends.

entered Canada as a student, but now out of status for 2 yearss.
Now getting married in Canada and wife is PR.

Should i file PR in Canada spousal sponsorship OR leave Canada and file from outside?

Pls Share..

If your deparature order became deportation order you need to submit an Arc ( autorazition to return canada ) if you have positive decision on your outland sponsorship application which takes 1 to 8 months depends what your VO is. I dont know what your situation is but you should consider this if you are planning to apply outland.

 

[Aquakitty]

If your deparature order became deportation order you need to submit an Arc ( autorazition to return canada ) if you have positive decision on your outland sponsorship application which takes 1 to 8 months depends what your VO is. I dont know what your situation is but you should consider this if you are planning to apply outland.

I don't think the OP has a departure order yet, but if they do get one they have 30 days to get out of Canada and avoid the ARC.

 

[Ponga]

If your deparature order became deportation order you need to submit an Arc ( autorazition to return canada ) if you have positive decision on your outland sponsorship application which takes 1 to 8 months depends what your VO is. I dont know what your situation is but you should consider this if you are planning to apply outland.

The OP never said that s/he had been issued a Departure Order...or anything else for that matter. A Departure Order is NOT the same as a form letter from CIC telling the person to leave Canada.

 

[braveheart09]

I'm just giving an information to help him I didn't say I m sure he has a deparature order or deportation order.Nobody told me this stuff when I was applying outside , Now I m waiting for my arc.Just I dont want people get into a problem like mine.

 

[Aquakitty]

I'm just giving an information to help him I didn't say I m sure he has a deparature order or deportation order.Nobody told me this stuff when I was applying outside , Now I m waiting for my arc.Just I dont want people get into a problem like mine.

Did you get a departure order that turned into a deportation order during your outland application? That's rough

 

[braveheart09]

Did you get a departure order that turned into a deportation order during your outland application? That's rough

I was in canada and cbsa gave me a deparature order instructions with date. So I bought my ticket they also gave me certificate of deparature so there was nothing about deportation lol so after months I looked at the certificate it says deparature order becomes deportation order I didnt get that because nobody told me you gonna be deported . And they mailed me like desicion made but i need to apply for arc yeah it was a big shock for me.

 

[VioletBlue]

Regardless if you decide to do Inland or Outland...just Do it!! Just Send it Out n! It's in your best interest...Trust me...I've been out of status for 9 years and just became a Permanent Resident 2 weeks ago.

 

[Ponga]

I was in canada and cbsa gave me a deparature order instructions with date. So I bought my ticket they also gave me certificate of deparature so there was nothing about deportation lol so after months I looked at the certificate it says deparature order becomes deportation order I didnt get that because nobody told me you gonna be deported . And they mailed me like desicion made but i need to apply for arc yeah it was a big shock for me.

If you've actually received a Departure Order that you have ignored, you will probably NOT benefit from the Administrative Deferral of Removal that CBSA seems to follow for Inland applicants without status, because you are already considered `Removal Ready'.

 

[Dan12]

Hi, I am not too sure how to ask some questions that I have about Out of Status and have being given a removal order.
But firstly, I came to Canada in March of 2014 on a work permit. I meet my wife 2 months after and we started dating. We had a real chemistry and we had decided to get married so I can become a permanent resident. However, we did not get married until July of 2015 and by WP was expired by then.
After we got married we start the application and I send back to my country of origin for my criminal record. I waited over 4months for it, and in March of this year I got a call from a CBSA office to report for a meeting in Victoria. After the meeting he seized my passport and give me back my criminal record and my other documents for my PR application..
Long story short , last week I got a removal order and was given a 60day defferal that ends August 8th. Also, they made me sign a document stating I wouldn't be applying for Pre Risk Assessment.
We are very stress and overwhelming about everything that's going on. I am afraid that I will have to leave my wife and step-son and friends. Not too sure what I can do at this point but if anyone could give me some advise on my case? They told me that they would be contacting CIC to expited my application.. Not too sure about that.. Any one have any experience with this?
I realized overstaying was not the right thing to do but I love my wife and would be devastating if I would have to leave her even for a year.

 

[sawadee-eh]

Dan12 - from what I've read on the forums, it basically means that CBSA has requested CIC to expedite your application and for them to make a decision on whether to give you AIP or not. If CIC does that within the 60 days (they don't always do so) and gives you AIP, then the removal order will be cancelled and you can stay during the rest of the application processing. If CIC does not give you AIP within the 60 days, then CBSA may pursue deporting you.

Good luck.

 

[Ponga]

sawadee-eh is correct. You can read about this process by looking through CIC's Inland Processing Manual (IP8). You will find it in the section regarding those with `Lack of Status'.
http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf (bottom of page 51)

There's no way to know if CIC will comply, but there have been a few people here that were in your same [exact] situation and were fortunate. It also meant that they completed the entire process, faster than most people that did have legal status.

Good luck!