Out of Status in Canada. Urgent Advice Needed.

[fandv]

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.

*Just out of curiosity* isn't being out of status (due to overstaying for so long) considered illegal? Furthermore, is it categorized as a crime or not? Isn't it against the law to overstay (and hence, have no legal status)? And if it is, why wouldn't the CIC deny granting PR?

 

[Ponga]

An overstay It is not categorized as a crime. It it were a crime, CIC would not allow a person to apply via an Inland application, because that `crime' would likely make the person inadmissible to Canada.

 

[dadoB]

Hello,

I was just wondering, what if someone is out of status and for example in an traffic stop a RCMP officer wants to see one`s ID and documentation of legal status in Canada ? Would it be enough to tell and show the Officer a copy of the submitted application, that a PR application is in process (or visa extension) ? or would the Police arrest the person to make further investigations ?

 

[meyakanor]

Hello,

I was just wondering, what if someone is out of status and for example in an traffic stop a RCMP officer wants to see one`s ID and documentation of legal status in Canada ? Would it be enough to tell and show the Officer a copy of the submitted application, that a PR application is in process (or visa extension) ? or would the Police arrest the person to make further investigations ?

It is possible for someone to be out of status and obtain a Canadian driver's license, depending on one is living. On Ontario, for example, you don't have to provide any proof of legal status to get a license.

I have been stopped several times for traffic related issues (not something I am proud about), and never once was I asked to produce any documentation to prove legal status. It is only if they criminally charge you that legal status may become an issue (if you are not a citizen).

 

[dadoB]

thank you for your answer meyakanor !

 

[Ponga]

Hi

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.

I'm still not convinced that this is the best advice, since no one that has applied without status from within Canada (with an Outland application) has stepped forward to confirm that this IS possible. Many, including myself, feel that a person without status could be deemed inadmissible, unless they apply Inland.

Let the arguing commence...again!

At the very least, you should call an experienced immigration lawyer (not just a consultant) and ask him/her if this really is an option. Many lawyers offer a free phone consultation.

While this forum is filled with knowledgeable people that all want to help, sometimes we `assume' things that [in this case] could have disastrous consequences!

 

[jsrnm]

Anyone have new views on whether and out of status could apply Outland ??? Also I wonder how this man got on ??

 

[jsrnm]

Anyone ?

 

[gsize]

I'm still not convinced that this is the best advice, since no one that has applied without status from within Canada (with an Outland application) has stepped forward to confirm that this IS possible. Many, including myself, feel that a person without status could be deemed inadmissible, unless they apply Inland.

Let the arguing commence...again!

At the very least, you should call an experienced immigration lawyer (not just a consultant) and ask him/her if this really is an option. Many lawyers offer a free phone consultation.

While this forum is filled with knowledgeable people that all want to help, sometimes we `assume' things that [in this case] could have disastrous consequences!

Very true !

 

[jsrnm]

Hard choice

 

[Ponga]

Anyone have new views on whether and out of status could apply Outland ??? Also I wonder how this man got on ??

I sent him a PM recently just to see how things were going...and never heard back.

 

[jsrnm]

Yes ponga I did too. No reply

 

[Ponga]

Yes ponga I did too. No reply

I sincerely hope that he's been busy getting everything together...and hasn't simply lost hope, or desire, to resolve this `very fixable' situation!

 

[jsrnm]

I hope so to. Would like to see a a happy ending. Ponga do u still think Inland is this best option for an overstay. Or would Outland work ?

 

[Jhama]

Thanks for the concern gang. I didn't intentionally ignore anyone's emails, I just end up busy sometimes and I see them in my inbox and mentally note to reply when I get a chance, then.. well, time passes and I forget about it.

My partner has returned from her deployment, and we're still gathering all the relevant documents. Some things take a while (my Certified Birth certificates were a bit difficult for reasons I won't get into here).

I'll try to keep you updated. I didn't actually realize anyone was interested.

Anyway, I'm still alive, and still working on it. It's a process.