Out of Status?

[Ponga]

Correct. This is my second time overstaying. The first time I overstayed was by a month.
I went back home April 28th 2014 and returned May 05th 2014. I have not re-entered Canada since May 05th 2014. The first time I overstayed was only by a month and I was petrified by the thought of not being allowed back into Canada. Now that I've overstayed by more than 5 months I'm almost completely sure I won't be so lucky again. Though the great people in this community is slowly reassuring me that things may be OK. I'm still at about 50% though as far as confidence goes with all of this.

I think that could substantially increase the chance of being denied re-entry.

You should familiarize yourself with something called Dual Intent and how the CBSA officer may use that to determine your fate.
http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp

Good luck!

 

[NinaInOT]

I think that could substantially increase the chance of being denied re-entry.

You should familiarize yourself with something called Dual Intent and how the CBSA officer may use that to determine your fate.
http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp

Good luck!

What if... I choose to stay in Canada and file my application anyway... knowing I'm out of status but still doing it anyway. Is there anyway of a government official knowing or not knowing I applied for an extension? On the application I can very well say my last time entering Canada was in May of 2014... but would they know or not know that I applied for an extension?

I remember your username from that time in 2014 when I posted about my current fear I.E - being refused re-entry due to overstaying lol and you said something similar which has again filled my heart with worry *cries*

 

[NinaInOT]

Oh yes 4 years after the 3 months it's all the same. In the beginning I struggled but I am a stay at home mom I look after the house take my son to and from school always by bus I can drive but won't. I take him to his sports. I am busy all day with my child. My partner is going through school and working. I feel very Guilty that I don't provide and days I feel like giving up. 6 weeks ago I found some courage to file my application and now I am scared to death. I pray that can give me a chance

I'm sending all my positive vibes your way! I really hope things go through for you! I'm sure if you've provided ample proof of your relationship and the fact that you also have a Canadian child, you might be OK! can I ask you a question? In the questionnaire it says you can provide identity documents showing same address... may I ask what you used to fill that? If you did at all.

 

[Aquakitty]

Correct. This is my second time overstaying. The first time I overstayed was by a month.
I went back home April 28th 2014 and returned May 05th 2014. I have not re-entered Canada since May 05th 2014. The first time I overstayed was only by a month and I was petrified by the thought of not being allowed back into Canada. Now that I've overstayed by more than 5 months I'm almost completely sure I won't be so lucky again. Though the great people in this community is slowly reassuring me that things may be OK. I'm still at about 50% though as far as confidence goes with all of this.

If you entered Canada last in May 2014 isn't that more like 1.5 years out of status?

Anyways, maybe read some of my original posts. My husband was in a very similar situation and didn't have any problems. In fact his app had one of the faster processing times (at the time, now it's even faster!) He was also out of status for about the same amount of time, and multiple times over.

Now recently someone(another American) came on here and posted a letter they received that stated their outland processing could not go forward because they were out of status. Personally I think the officer was incorrect about this, but anyways all that happened was the person took the letter back over the border and had their status renewed, and sent in proof. So that's probably a worst-case scenario.

 

[Ponga]

No, being denied entry and issued an Exclusion order, which happens I'm sure, would definitely be worse.

Having proof of an active sponsorship application would certainly help, but with two overstays already...it's the luck of the draw, IMHO. All you need is an over zealous CBSA officer that wants to punish you for already breaking the rules, twice before.

 

[NinaInOT]

If you entered Canada last in May 2014 isn't that more like 1.5 years out of status?

Anyways, maybe read some of my original posts. My husband was in a very similar situation and didn't have any problems. In fact his app had one of the faster processing times (at the time, now it's even faster!) He was also out of status for about the same amount of time, and multiple times over.

Now recently someone(another American) came on here and posted a letter they received that stated their outland processing could not go forward because they were out of status. Personally I think the officer was incorrect about this, but anyways all that happened was the person took the letter back over the border and had their status renewed, and sent in proof. So that's probably a worst-case scenario.

Thank you for responding! it's really reassuring when someone is in a similar situation and comes out successful. I will look at your older postings for sure. Can I ask why your husband didn't renew his status before applying? I'm still on the fence about the whole thing "better safe than sorry" but at the same time my chances of being allowed back in after such an extensive stay is slim I believe

 

[bk2001050]

Hello NinaInOT, I read your posts and can offer some insight into this. First of, do not be afraid and stay calm. CIC or rather IRCC now will not reject you based on lack of status, whether you overstay 2 months or 20 years. For all members here and for those confused about IRCC's change on their website regarding inland spousal sponsorship and the need for valid status, remember that IRCC does not make the rules and laws, but rather is bound by them. Laws are only made in by the Federal government after lengthy parliamentary hearings. IRCC and CBSA are the two sister agencies that are responsible for enforcing those laws. As of today August 15th 2016, there have been no amendments to the IRPA(Immigration and Refugee Protection Act) regarding the spousal public policy which means that even those who lack status or out of status are eligible to be considered, provided they fulfill all the other requirements such as admissibility, have a valid passport by the time CIC seeks to grant permanent residence and most importantly, their relationship is genuine and continuing. Be advised that since you have displayed a strong affinity to stay in canada and break laws, the officer will do their due diligence on your paperwork with a tooth and comb. Make sure your inland application is true and never misrepresent or hide facts, and that there are no errors with dates etc. Include a passionate letter if you can explaining your situation and your relationship etc.

It will take time to process the application and neither of you should leave the country. Also do not tell friends or co workers about your situation, or in fact anyone for that matter. If someone reports you it will automatically trigger alarms and CBSA might start removal proceedings against you which not even Trudeau has the authority to stop.

 

[Loveactually]

I am out of status I applied outland. After 3 months I got decision made. I am waiting on my approval

 

[bk2001050]

Wow you are very lucky that an interview wasn't required or else you would have to leave to attend and wouldn't be allowed back in. Risky move but if your paperwork was in good order, it just paid off. Congrats on that.

 

[Loveactually]

Thank you yes risky but either way was. My relationship is solid without a doubt. I tried to stay positive

 

[bk2001050]

Thank you yes risky but either way was. My relationship is solid without a doubt. I tried to stay positive

I have no doubt that your relationship was/is genuine and the amount of stress and anxiousness you must have faced all this while. Yet remember that technically speaking it does not matter if relationship is genuine or not, it only matters what you can prove and what the officer believes to be true. If he/she had the slightest doubts, they would have requested an interview in which case you wouldn't have been able to make it, thereby not only betraying that you are out of status but also your current residential address/phone as well as your hubby's info. The agent would than have been obligated to forward your file to CBSA if you missed the interview and God only knows what would have happened from there. Although I am happy it worked out for you, outland is a serious risk when applying while you are out of status, especially if you have certain red flags in your application. If it were inland, although slower, you could have some degree of protection as well as you can stay here and be with family.
Either way is risky so anyone in this situation should carefully weigh all the pros and cons and be prepared for worst case scenarios in either situations. Good luck to everyone!

 

[Skywalker16]

Ok so I have a very similar situation, the last time I went to the States was Nov. last year (2015) and my passport was NOT stamped at Toronto airport upon my entry. I had previously crossed the border around nov. 2011 to regain status and that time I was not asked any questions or my passport stamped either (I suspect that it was because I crossed with a Mohawk which is what my wife is).

When coming back from the states last year 2015 we were thinking of applying for the Spousal Sponsorship right away but due to the loss of her job we had to wait. I assumed as always I had 6 months of status time. Now I've overstayed almost 6 months and we FINALLY have the funds to do the whole process however I am lost. Should I apply inland or outland? What do I write on that 10 yr history? Will I be denied for overstaying?

I'm convinced I will never do this and it pains me because my wife has been a trooper supporting us. I want to be a lawful citizen of this country that I love ASAP.

Any help would be appreciated.

 

[Ponga]

Ok so I have a very similar situation, the last time I went to the States was Nov. last year (2015) and my passport was NOT stamped at Toronto airport upon my entry. I had previously crossed the border around nov. 2011 to regain status and that time I was not asked any questions or my passport stamped either (I suspect that it was because I crossed with a Mohawk which is what my wife is).

When coming back from the states last year 2015 we were thinking of applying for the Spousal Sponsorship right away but due to the loss of her job we had to wait. I assumed as always I had 6 months of status time. Now I've overstayed almost 6 months and we FINALLY have the funds to do the whole process however I am lost. Should I apply inland or outland? What do I write on that 10 yr history? Will I be denied for overstaying?

I'm convinced I will never do this and it pains me because my wife has been a trooper supporting us. I want to be a lawful citizen of this country that I love ASAP.

Any help would be appreciated.

You will have to show that you are out of status in the application, but this [alone] will NOT prevent your application from being approved.

In the past, most applicants without status were submitting an Inland application, so that they could benefit from the Public Policy from 2005 that waives the requirement for legal status. Lately, more than a few out of status applicants have been submitting Outland applications and are being approved. So far, only one person [here] had reported being told to leave Canada after submitting an Outland application.

Since you do not qualify for the OWP that's usually associated with an Inland application, it might make your decision about submitting an Outland application a little easier. It it helps, financially, you can defer the RPRF of $490 until later in the process. You only need to pay $550 ($75 + $475) to submit your application.

Good luck!

 

[Skywalker16]

So my question is, in regards to the 'history' that I have to provide. I've been in Canada obviously longer than I've been allowed a couple of times by a few months. What should I state? I haven't had work while living here, I keep learning my trade through non-profit very casual volunteer work and my wife who works the same thing as I do keeps me on my toes. It's been all her in the financial department and she right now has two full time jobs to be able to keep us afloat and afford the process.

 

[Ponga]

So my question is, in regards to the 'history' that I have to provide. I've been in Canada obviously longer than I've been allowed a couple of times by a few months. What should I state? I haven't had work while living here, I keep learning my trade through non-profit very casual volunteer work and my wife who works the same thing as I do keeps me on my toes. It's been all her in the financial department and she right now has two full time jobs to be able to keep us afloat and afford the process.

Sounds to me like you might be working without authorization.

Since your wife is, in essence, doing the same thing but being paid for it...aren't you preventing someone that is authorized to work in Canada to do what you're doing? Volunteering (especially while out of status) is a very slippery slope!

Regarding you question...You need to show how long you've been here and the status that you had for each time period. It's hard to explain with going into great detail, but I'm sure you can figure it out. Just show the first 6 months as being a visitor with your status as such. for the time periods that you've been out of status (looks like you've lost status more than once), show yourself for those time periods as visiting, but for status show `Other' and then explain that you were out of status.