Out of status

[Help22]

Hi everyone I am new here and see how great everyone is with there responses. I am out of status and have been for 3 years. I live here with my baby and partner. Staying was a huge mistake and I have missed out on things in my life due to the fact I am now scared to leave. What are the chances of doing outland while being here or is inland my only option. Be kind as I am in a fragile state. Thank you

 

[Ponga]

Hi everyone I am new here and see how great everyone is with there responses. I am out of status and have been for 3 years. I live here with my baby and partner. Staying was a huge mistake and I have missed out on things in my life due to the fact I am now scared to leave. What are the chances of doing outland while being here or is inland my only option. Be kind as I am in a fragile state. Thank you

I've not personally heard any stories from those without status that applied outland.

The inland guide used to say (prior to Oct 2014) that those applying no longer needed to have legal status to apply, but that same language was never in the outland guide. Some have argued that this is due to the fact that CIC `assumes' that every outland applicant is in fact outside of Canada...which is NOT true.

It's also worth mentioning that every other person, without status, that has chosen to talk about it here, was told that an inland application was their only option. It might be worth contacting an experienced lawyer, since most offer a complimentary phone consultation.

Good luck!

 

[Help22]

Thank you very much ponga. How long is it taking for 1st stage approval and once gained could I leave to go see my family in the UK

 

[Ponga]

First stage for an Inland applicant (AIP, or Approval in Principle) is currently ~ 17 months.

Since you have been here without status for a few years, I'd suggest NOT leaving (if you apply Inland), because CBSA will likely refuse you re-entry because of your overstay.

Inland applicants are always at risk of having their application cancelled if they are refused re-entry into Canada. While most people that are visa-exempt may not have any issues, it's never a guarantee...even with proof of a spousal sponsorship application. In fact, IMHO, it may make it worse, since it's highly unlikely that the person has any real ties back to their home country...because they are [semantics aside] living in Canada now.

CBSA wants to know that while a person is seeking re-entry into Canada to `visit', while they wait for PR, they also have a `home' back home (and a job, bank account, etc.).

 

[Help22]

Oh wow looks like I won't be going home.

 

[canuck_in_uk]

Oh wow looks like I won't be going home.

Get everything together for an outland app. Go back to the UK for a visit, submit the outland app and then return to Canada. Re-entering with your Canadian baby and Canadian partner AND with a PR app already submitted, there is pretty much no chance that CBSA will refuse you entry.

 

[Help22]

Really I could actually do that ? That could change everything. Wouldn't they see I have been out of status ?

 

[Ponga]

Get everything together for an outland app. Go back to the UK for a visit, submit the outland app and then return to Canada. Re-entering with your Canadian baby and Canadian partner AND with a PR app already submitted, there is pretty much no chance that CBSA will refuse you entry.

With all due respect (truly) I disagree. CBSA will know that the OP overstayed by 3 years and may very well have a problem with that upon re-entry...even with Outland PR, baby and husband.

 

[draxz1289]

With all due respect (truly) I disagree. CBSA will know that the OP overstayed by 3 years and may very well have a problem with that upon re-entry...even with Outland PR, baby and husband.

Completely agree, CBSA will have a problem with him overstaying earlier. I think the best option for OP for him is to submit an inland application and stay tight till its completed or until he gets his OPW.

As Ponga mentioned, you dont need to have a status in Canada to apply inland and in one of the outland forms it does ask specifically for the current status in the country you are in.

 

[Help22]

That was my fear I am very afraid of crossing the border. I know I did wrong so staying put and using the inland I guess is my safest option. So this new OWP I won't qualify ?

 

[Help22]

Also health care is there anything I can do to have some sort of health care insurance something I can get while being here so long without nothing? My partner has an excellent job which he recieves benefits which obviously my son can go on. Can I be included ?

 

[draxz1289]

That was my fear I am very afraid of crossing the border. I know I did wrong so staying put and using the inland I guess is my safest option. So this new OWP I won't qualify ?

I forgot to put outland, "in one of the outland forms it specifically asks for the current status"

For OPW: I believe it is issued after 4 months
The government of Canada has launched a pilot program issuing open work permits to certain spouses and common-law partners of Canadian citizens and permanent residents in the Spouses or Common-Law Partners in Canada class (SCLPC). Applicants making an Inland application (i.e. while residing in Canada) for permanent immigration to Canada may now be issued open work permits before the ‘approval in principle’ decision has been made on their application.

http://www.cbc.ca/news/politics/canada-launches-pilot-program-for-spouses-waiting-for-permanent-residency-1.2881460
http://www.cicnews.com/2014/12/inland-spousal-sponsorship-canada-offers-open-work-permits-spouses-awaiting-immigration-canada-124329.html
You can read on the OPW

 

[Ponga]

Actually, I just remembered that the Inland guide was updated late last year (September) and it seems to imply that legal status is now a requirement for an Inland applicant:

Here's what was changed in the guide:

BEFORE:

Maintaining legal status

Spouses and common‑law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are no longer required to have legal immigration status provided that they have an eligible sponsor. All other eligibility requirements continue to apply.

Important information. Applicants who wish to be able to continue to work and study in Canada must submit an application for extension before the work or study permit expires.

AFTER:

Maintaining legal status

Spouses and common law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are required to have legal immigration status in order to qualify under the Spouse or Common-law partner in Canada class.

Important information. Applicants who wish to be able to continue to work and study in Canada must submit an application for extension before the work or study permit expires.

The `before' language was in place since February 2005. People in Canada without status have been getting their PR applications approved for many years. It looks like CIC is changing that, but maybe that's about to change...if it hasn't already.

A couple of other members have contacted lawyers who have said that they are not aware of this change, but...CIC changed the language for a reason. Maybe?!

 

[Ponga]

I forgot to put outland, "in one of the outland forms it specifically asks for the current status"

For OPW: I believe it is issued after 4 months
The government of Canada has launched a pilot program issuing open work permits to certain spouses and common-law partners of Canadian citizens and permanent residents in the Spouses or Common-Law Partners in Canada class (SCLPC). Applicants making an Inland application (i.e. while residing in Canada) for permanent immigration to Canada may now be issued open work permits before the ‘approval in principle' decision has been made on their application.

http://www.cbc.ca/news/politics/canada-launches-pilot-program-for-spouses-waiting-for-permanent-residency-1.2881460
http://www.cicnews.com/2014/12/inland-spousal-sponsorship-canada-offers-open-work-permits-spouses-awaiting-immigration-canada-124329.html
You can read on the OPW

That same question is on the Inland forms as well. The OP would need to declare that she is no longer in status.

Also, OWP under the pilot program is not offered to an applicant without status.

 

[draxz1289]

That same question is on the Inland forms as well. The OP would need to declare that she is no longer in status.

Also, OWP under the pilot program is not offered to an applicant without status.

Also I found this in the in-land guide :

For the principal applicant and his or her dependent children

Passport

Passport pages showing the following information:

name,
date of birth,
issue and expiry dates,
the stamp made by a Canadian authority showing your most recent entry into Canada.
Format: Photocopies

Immigration document confirming your status in Canada

Examples:

visitor visa,
study permit,
work permit,
temporary resident permit (TRP),
document proving that you have legal status in Canada.
Format: Photocopies


http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp