Out of Status in Canada. Urgent Advice Needed.

[canuck_in_uk]

I had always though that an Outland applicant, that chose to remain in Canada, needed to maintain their status.

Do you think that in this case, being out of status for so long, would increase the chances of a CBSA intervention if applying Outland?

Of course, it's always advisable to maintain status during any app, as there is no guarantee that an applicant who is already out-of-status or who goes out-of-status won't be removed during the PR processing, whether it be inland or outland.

And it was always better for an out-of-status person to apply inland because of the policy preventing inland applicants from being removed from Canada while their PR app was processing but you of all people know the current status of that policy.

I can't comment on whether the overstay would increase OP's chances of being removed during an outland app.

So if that was the case, I could apply outland, while still being inland? and only leave if they ask me for an interview? (which hopefully I've have enough of a well built package that they'd not have any doubt as to our relationship, and not ask for one).

Yes. But you need to be aware that no application ever gives you 100% protection against removal; there is always the possibility that you will be removed from Canada when they discover you are illegal.

It looks as though you will have no issues proving your relationship, so the chances of an interview are very low.

 

[Ponga]

Well, FWIW, there has been no official announcement from CIC or CBSA regarding the suspension of the Administrative Deferral of Removal policy. CIC has not issued an OP bulletin to update IP08, nor has CBSA published anything, but according to at least 2 immigration lawyers, the policy was suspended in November 2011.

Once again...who really knows what happens...when, or why.

 

[steerpike]

Well, this is something I have to admit I didn't even think about. She's going there to work, I just assumed if I was with her they'd give me the same stay she has if I explained I was there because she didn't want to travel alone. But, I suppose, it's not outside the realm of possibility that it could happen to where they give me a lesser stay in which case, life would get miserable, quick, since I wouldn't be able to come back home.

Since you aren't married it could indeed be a very real problem. Not all "3rd world countries" even acknowledge "common-law" relationships. And some countries are extremely strict. If you are going some place like Dubai, you will need to be married to go with her, or even be allow to hold her hand when you walk down the street!

 

[Ponga]

On the main "Determine your Eligibility" page, CIC simply states "If they live in Canada, they do not need to have legal status to be sponsored." There is no distinction between inland and outland apps. A person without status can apply outland as well and just hope, as with an inland app, that they are not removed from Canada during the processing.

Hmmm...You've got me thinking about this now.

If a person has lost their status and is in Canada illegally, wouldn't that mean that their application would NOT be processed at CPC-O (as most American's applications are), because the person has not been lawfully admitted for at least 1 year to the country that they are requesting as their VO office (even by default)? It would seem to me that an American's application would automatically be sent to LA or Buffalo which would in fact be longer than applying Inland.

*shrug*

 

[canuck_in_uk]

If a person has lost their status and is in Canada illegally, wouldn't that mean that their application would NOT be processed at CPC-O (as most American's applications are), because the person has not been lawfully admitted for at least 1 year to the country that they are requesting as their VO office (even by default)? It would seem to me that an American's application would automatically be sent to LA or Buffalo which would in fact be longer than applying Inland.

Don't get confused between country of nationality VO and country of residence VO. Applying through a country of residence VO does require that an applicant was legally admitted to that country for at least a year.

However, CPP-Ottawa is the country of nationality VO for Americans. It doesn't matter where the American lives.

 

[Ponga]

So...an American (aside from the OP) can let their status expire...file an Outland application and potentially have their PR as fast as someone that did maintain their legal status...without any real penalty, other than hiding in the basement from CBSA?

That would seem to be upsetting to many people...including those that applied Inland because they were out of status and thought that it was their only real option, but I won't mention any names.

*edit*

And FWIW, the blurb about not needing to maintain legal status does not appear in the Outland instruction Guide (as if the applicant is in Canada).

*second edit*
If your spouse, partner or dependent child lives with you in Canada, use the Application for Permanent Residence in Canada—Spouse or Common-Law Partner;

OR,
If your spouse, partner or dependent child lives outside Canada, use the Application to Sponsor a Member of the Family Class.


So how can a person that is living in Canada, file an Outland application?

 

[Jhama]

reading through these forums and listening to other people's stories, I've seen a couple of other threads now where people are asking things like "Do I apply for common law... "

and the answer is (and makes sense to be) "You have to show that you've lived together for 1 full year (not 364 days) before the applicaiton.... "

"short breaks are ok.. but 5 weeks are not.. "

so.. this brings me to the question.. if I stay here, while my partner has to leave for 2 to 3 months due to WORK.. her company is sending her to another place to work.. it's not a vacation or anything of the sort...

when she gets back, and we submit our application, is that like saying .. "we lived together 9 or 10 of the past 12 months" and so our app would be denied based on that?

Or is that a 'minimum' thing they try to do to make sure people are in a real, commited relationship?

If we can show we've been in an intimate, loving relationship for 10 (or 20.. lol) years... does it matter if she was gone for a couple of months for work (while I stay at the same address?)..

Seems it would be STUPID beyond belief if the letter of the law is "you had to physically be sleeping in the same bed for 365 out of the 365 days prior to the application"

 

[chakrab]

it's not prior to the application. you have to atleast stay with the person for atleast 365 days. if one has a 10 years old relation, that means they would have filed taxes as common-law as well, in addition to having joint accounts, beneficiary in spouse's plans, etc. you won't be considered common-law if a year hasn't passed. it's for you to prove that you are a common-law. ofcourse if you think it's too much, then just get married.

 

[Ponga]

After you have fulfilled the requirement of cohabiting for 1 full year, breaks are fine. A 5 week break during the first year would be a potential problem.

 

[canuck_in_uk]

If your spouse, partner or dependent child lives with you in Canada, use the Application for Permanent Residence in Canada—Spouse or Common-Law Partner;
OR,
If your spouse, partner or dependent child lives outside Canada, use the Application to Sponsor a Member of the Family Class.

So how can a person that is living in Canada, file an Outland application?

Just one of the many things that CIC isn't too clear about. CIC actually advises people in Canada to apply outland. If you read the inland guide, one of the very first things that CIC states is:

The family class is aimed at faster processing of spouse or common‑law partner applications from applicants outside Canada.

Processing times for spouses or common‑law partners in Canada are generally longer.

The person being sponsored can apply to a visa office outside Canada to take advantage of the family class processing standard. Processing times for applications processed in Canada are posted on our Web site.

when she gets back, and we submit our application, is that like saying .. "we lived together 9 or 10 of the past 12 months" and so our app would be denied based on that?

You need to understand that common-law is a legally defined status. It's not just a term that can be applied to a relationship, like girlfriend/boyfriend. It's like marriage; you are either legally married or you aren't. You are either legally common-law or you aren't.

"9 or 10 of the past 12 months" does not meet the legal definition of common-law, which is continuous cohabitation in a marriage-like relationship for at least 12 months, so yes, your app would be denied.

 

[Ponga]

Agreed; They could certainly clarify this issue.

Do you agree that it appears that a person living in Canada must file an Inland application?

 

[Ponga]

You need to understand that common-law is a legally defined status. It's not just a term that can be applied to a relationship, like girlfriend/boyfriend. It's like marriage; you are either legally married or you aren't. You are either legally common-law or you aren't.

"9 or 10 of the past 12 months" does not meet the legal definition of common-law, which is continuous cohabitation in a marriage-like relationship for at least 12 months, so yes, your app would be denied.

Wha???

The OP has already met the CL requirement since they have been living together for years!

Even those that have lived apart after establishing CL, have gone on to have their application approved.

 

[Jhama]

We've been living together and sleeping in the same bed for close to 20 years now!

We're more a couple than pretty much any 'married' people we know who have not been together anywhere near that long.

It seems inconcievable to me that because she had to go work (she is the canadian citizen who would be sponsering me) in another country, while I continued to live at the same address in the home we've lived in together for a decade (not mentioning the previous place we resided together for another decade) that the sponsership would be rejected because she had to go work in another country for 2 months.

(she will be returning here after her post).

So if someone in the military is in a common law relationship with their spouse for more than a decade and they get posted to IRAQ for 2 months, that invalidates their entire relationship?

Really?

 

[Ponga]

We've been living together and sleeping in the same bed for close to 20 years now!

We're more a couple than pretty much any 'married' people we know who have not been together anywhere near that long.

It seems inconcievable to me that because she had to go work (she is the canadian citizen who would be sponsering me) in another country, while I continued to live at the same address in the home we've lived in together for a decade (not mentioning the previous place we resided together for another decade) that the sponsership would be rejected because she had to go work in another country for 2 months.

(she will be returning here after her post).

So if someone in the military is in a common law relationship with their spouse for more than a decade and they get posted to IRAQ for 2 months, that invalidates their entire relationship?

Really?

No, it does not. I don't think that canuck_in_uk realized that you've already met the requirement...years ago!

 

[canuck_in_uk]

No, it does not. I don't think that canuck_in_uk realized that you've already met the requirement...years ago!

Nope, I didn't realize that, didn't really read through all of the first posts lol.

Do you agree that it appears that a person living in Canada must file an Inland application?

Not at all, considering that the inland guide clearly advises people in Canada to consider applying outland.