Out of Status in Canada. Urgent Advice Needed.
- Thread starter Jhama
- Start date
A person living in Canada assumes they must apply inland and so goes to the inland application package. They read the guide, where CIC clearly states that people in Canada can actually apply outland. There is absolutely no distinction made between living/visiting/studying/working in Canada. Nowhere does it say those who "are living in Canada" cannot apply outland while those that "are in Canada but not living in Canada" can apply outland.Ponga said:
Anyone in Canada can apply outland.
Sorry about thatJhama said:Oh my... I just about went into full blow freak out mode. You would not believe my week.
I about had a heart attack there. Thanks for clarifying
. That'll teach me to really read all previous posts!Once a common-law relationship is established, breaks are OK as long as you can show the relationship to be ongoing. There was a couple that was approved even though they had spent several years living apart after establishing common-law; they proved the relationship was continuing through the entire separation.
Where, and in which guide, does CIC clearly tell applicants that they can apply Outland while living in Canada? If that were the case, why do they state that a person living in Canada is to use the Inland application package?canuck_in_uk said:A person living in Canada assumes they must apply inland and so goes to the inland application package. They read the guide, where CIC clearly states that people in Canada can actually apply outland. There is absolutely no distinction made between living/visiting/studying/working in Canada. Nowhere does it say those who "are living in Canada" cannot apply outland while those that "are in Canada but not living in Canada" can apply outland.
Anyone in Canada can apply outland.
Sorry about that
Once a common-law relationship is established, breaks are OK as long as you can show the relationship to be ongoing. There was a couple that was approved even though they had spent several years living apart after establishing common-law; they proved the relationship was continuing through the entire separation.
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How to apply
There are three steps to apply to sponsor your spouse, partner or children:
1. Get the application package
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.
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It doesn't state anywhere that if your spouse lives with you IN Canada, you have the option of staying in Canada and apply Outland.
So if what you are saying is correct, why doesn't CIC state here that a person living in Canada has the option to apply Outland?
The section that you mention does encourage an applicant to file Outland, that's true:
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.
The real issue is that the majority maintain their status while in Canada. With that, I would agree that it is possible for a person to live in Canada and apply via an Outland application provided that s/he maintain status throughout. A person that has lost their status cannot. I guess we just see this differently.
I don't understand, you've quoted the relevant passage yourself. When a person is looking at the inland guide, we can safely assume that they LIVE in Canada; this guide, specifically for people LIVING in Canada states The person being sponsored can apply to a visa office outside Canada. It doesn't tell them that they have to leave Canada to apply outland; CIC is telling people who live in Canada that they are allowed to apply outland as well.Ponga said:
Just one of those things that CIC isn't too clear about. Have a look through the forum, which is CHOCK FULL of people living in Canada who applied outland and were approved without issue. There are tons of threads about this exact topic. You don't even have to explore the forum; just read the first post of the first thread by Leon, who nicely explains the inland/outland specifics.Ponga said:
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.aspPonga said:
If they live in Canada, they do not need to have legal status to be sponsored. No distinction between applying inland or outland.
As an opinionated child, I was always told that differing opinions and debates are healthy
I wholeheartedly agree; respectful debates are very healthy!
Besides...after the help you gave me with a prior matter, you're the LAST person I want on MY bad side.
Ok...the part that I just don't [seem to] grasp, is why the `no longer need to maintain status' jargon is ONLY mentioned in the guide for an In-Canada (Inland) application.
If an out of status person really could apply Outland, while continuing to `live' in Canada, illegally and without status...would that be fair to all the other Outland applicants that have to maintain their status?
I consulted with more than one immigration lawyer before I filed my Inland application, because I was out of status. All of them told me that an Inland application (post haste) was my only option.
*[volley to your side of the net (pun intended)]
Besides...after the help you gave me with a prior matter, you're the LAST person I want on MY bad side.
Ok...the part that I just don't [seem to] grasp, is why the `no longer need to maintain status' jargon is ONLY mentioned in the guide for an In-Canada (Inland) application.
If an out of status person really could apply Outland, while continuing to `live' in Canada, illegally and without status...would that be fair to all the other Outland applicants that have to maintain their status?
I consulted with more than one immigration lawyer before I filed my Inland application, because I was out of status. All of them told me that an Inland application (post haste) was my only option.
*[volley to your side of the net (pun intended)]
For CIC, it's about keeping families together. Legal status isn't a factor when it comes to spousal sponsorship, whether it be inland or outland. As long as the relationship is genuine and there are no other issues (welfare/criminality/medical/security/etc.), the app will be approved even if the applicant is illegal.Ponga said:
Try not to think of it as fair or unfair. Many would argue that it's unfair for a person illegally in Canada to be allowed to apply for PR at all, that they should have to legalize their status or leave Canada to apply. Outland applicants in offices such as Singapore or Islamabad think it unfair that their processing times are 2x, 3x or even 4x that of other VOs. What I'm trying to say is that no matter what, there will always be someone who thinks it's unfair.
There is no guarantee that an out-of-status applicant will be allowed to continue living in Canada during the process; they are at constant risk of being removed.
It isn't a requirement for outland applicants in Canada to maintain their status; an applicant could let their status expire and it wouldn't affect the PR app. Outland applicants in Canada choose to maintain their status in order to prevent a possible removal from Canada, separation from their spouse and any further legal troubles.
Does that make sense? I'm so tired right now, I'm starting to fall asleep halfway through sentences lol.
Thank you very much for your thoughts and opinions Canuck. I think I'm going to do more research to convince myself that this is the case. If it is, I have nothing to lose by applying outland, really. (nothing more than I have to lose by applying inland).
I don't mind going to the U.S. if and interview is needed, and I suspect that I can show quite clearly that we've been cohabiting for quite some time, so I would be surprised if they needed an interview anyway.
Just that right now, once I leave, without my CoPR I have doubts as to being able to return.
I don't mind going to the U.S. if and interview is needed, and I suspect that I can show quite clearly that we've been cohabiting for quite some time, so I would be surprised if they needed an interview anyway.
Just that right now, once I leave, without my CoPR I have doubts as to being able to return.
A person who has no status in Canada can certainly apply outland. There's no rule / law preventing this and we've seen people do this on this forum successfully. Quite frankly, this is the much better option if you're American. Inland processing times are far too long vs. outland for those from the US. And if by some chance you're told to leave Canada while the outland application is in progress - no problem, your application is outland and won't be affected by you leaving Canada.
right. Thank you Scylla.
Before I came to this forum, I knew about the different options for applying from the CIC website. My first thought was to apply outland, from inland if this was legal.
With the benefits of faster processing times, the right of appeal, and the application doesn't just stop if I have to leave canada, if it's legal to do it that way, I don't see why any american in my situation should apply inland.
This forum is a treasure trove of useful info! Thanks very much!
Before I came to this forum, I knew about the different options for applying from the CIC website. My first thought was to apply outland, from inland if this was legal.
With the benefits of faster processing times, the right of appeal, and the application doesn't just stop if I have to leave canada, if it's legal to do it that way, I don't see why any american in my situation should apply inland.
This forum is a treasure trove of useful info! Thanks very much!
Good to hear. The chances of you having to leave Canada are low. If you can prove a genuine common-law relationship, you won't have an interview. And if you keep your head down, don't break any laws while the app is processing, you should be able to stay under CBSA's radar while the app processes.Jhama said:
hi there just wondering ...
if its ok to someone with no status can do outland while they managed to stay ....
Im just confused about how to fill the all address history sections on the paper ....
and would they deny someone for that reason ( i guess not )
and if they gets approved outland while they stay in canada with no status ...can they still do landing at the border or intl airport ?
if its ok to someone with no status can do outland while they managed to stay ....
Im just confused about how to fill the all address history sections on the paper ....
and would they deny someone for that reason ( i guess not )
and if they gets approved outland while they stay in canada with no status ...can they still do landing at the border or intl airport ?
Hidcove said:
Fill in the address history honestly. If you've been in Canada for the X years and were out of status that whole time, you need to state that. They will not deny PR based on a lack of status in Canada but they would deny PR if a person lies in their application.
Yes, they can land as a PR by flagpoling at the Canada-US border or at the airport if leaving and returning to Canada by air.