Out of Status?

[NinaInOT]

Hey everyone! So I'm currently gathering all my documents together for my Canadian spouse to sponsor me. We're looking to send our application off before the end of summer. I'm originally from the West Coast in the U.S and he is from Ontario.

I'm currently looking over the documents checklist and one prerequisite is: "passport pages clearly showing your passport number, name, date of birth, passport issue/expiration dates and stamp made by a Canadian authority showing your most recent entry into Canada."

The last time I re-entered Canada was in May of 2014. I know I overstated by a massive amount of time. My question now is - how do I go about it? In May I went back home to reset the clock for another 6 months and at the time I only overstayed my visit by a month. I was extremely nervous thinking I wouldn't be let back into Canada, especially since my trip back home was only a week long and I returned rather quickly. Surprisingly I had more trouble being let back into the states. I was able to re-enter Canada with no problem and my IO was very nice. He asked me how long was I planning on staying and I said two weeks. He stamped my passport and I was allowed in. My biggest concern now is how I've over stayed by such a large amount of time. In this time I haven't worked... I've been simply living with my boyfriend and now we feel it's the perfect time to get our application ready. I'm really worried an IO will see my passport or will ask me about my last visit as in "When was the last time you were in Canada?" or something along those lines. If I say anything too recent they'll know I'm planning on staying longer than I mentioned, or worse, will see that I've over stayed.

Does anyone have any experience with this? advice?

 

[Decoy24601]

Please apply outland. Americans are getting through in 2-4 months right now. My application already has a decision made and I applied 2 months ago. Americans are mostly processed through Ottawa, not Los Angeles. Ottawa is currently the fastest visa office. The CIC is normally lenient about people who are out of status.

You can apply outland from within Canada. You have no advantage to applying inland over outland, because since you are out of status you do not qualify for the Open Work Permit. Inland applications take roughly 1-2 years.

Always be honest in the application. Don't try to hide your overstay, that's considered misrepresentation. The CIC is not the CBSA (the people who you speak to at the border).

 

[Ponga]

Your previous overstay will not prevent your application from being approved. Just be honest and you'll be fine.

Do you currently have status in Canada? If so, when does it expire?

 

[o6ocpaka]

Please apply outland. Americans are getting through in 2-4 months right now. My application already has a decision made and I applied 2 months ago. Americans are mostly processed through Ottawa, not Los Angeles. Ottawa is currently the fastest visa office. The CIC is normally lenient about people who are out of status.

You can apply outland from within Canada. You have no advantage to applying inland over outland, because since you are out of status you do not qualify for the Open Work Permit. Inland applications take roughly 1-2 years.

Always be honest in the application. Don't try to hide your overstay, that's considered misrepresentation. The CIC is not the CBSA (the people who you speak to at the border).

Its really amazing that it is happening, I guess our new new liberal government has tightened a few loose screwes at CIC offices ;D. Our application was processed within 8 months and it was considered normal... now people are getting their COPR within 2... I remember how COPR happened within less than a month for us when they actually looked at the application, and all this time before it was just collecting dust (for 5). I am not sure if this was a part of Harper's extreme beuracratic ideas, but really makes no sense how things can change so fast that much. It is really really strange...

 

[Decoy24601]

Its really amazing that it is happening, I guess our new new liberal government has tightened a few loose screwes at CIC offices ;D. Our application was processed within 8 months and it was considered normal... now people are getting their COPR within 2... I remember how COPR happened within less than a month for us when they actually looked at the application, and all this time before it was just collecting dust (for 5). I am not sure if this was a part of Harper's extreme beuracratic ideas, but really makes no sense how things can change so fast that much. It is really really strange...

Not even a couple months before I applied I was looking at a minimum of 6 months for my application to process. Last fall when I joined this forum it was looking more like 8+ months. It really was such a fast change. I hope the other offices continue to reduce their backlogs ;D. I'm not sure how much of it had to do with changes that were made when Harper was PM or due to a system that was already not very efficient to begin with.

 

[NinaInOT]

Your previous overstay will not prevent your application from being approved. Just be honest and you'll be fine.

Do you currently have status in Canada? If so, when does it expire?

I'm currently out of status. I have been for a few months now. I was planning on returning home for a few days and then coming back to Ottawa before we submit our application just so that I'm in good standing and have status. My fear is being refused entry back into Canada.

 

[NinaInOT]

Please apply outland. Americans are getting through in 2-4 months right now. My application already has a decision made and I applied 2 months ago. Americans are mostly processed through Ottawa, not Los Angeles. Ottawa is currently the fastest visa office. The CIC is normally lenient about people who are out of status.

You can apply outland from within Canada. You have no advantage to applying inland over outland, because since you are out of status you do not qualify for the Open Work Permit. Inland applications take roughly 1-2 years.

Always be honest in the application. Don't try to hide your overstay, that's considered misrepresentation. The CIC is not the CBSA (the people who you speak to at the border).

The plan is definitely to apply Outland! I can't see a valid reason as to why any American would apply inland. We're still gathering all our proof to prove we've been in a common law relationship and once we have sufficient evidence we will be sending off our application. The goal is to have it sent off before summer is over.

 

[Loveactually]

Your not alone I have been out of status for 4 years I have applied outland it's been 6 weeks

 

[gabba50]

Its really amazing that it is happening, I guess our new new liberal government has tightened a few loose screwes at CIC offices ;D. Our application was processed within 8 months and it was considered normal... now people are getting their COPR within 2... I remember how COPR happened within less than a month for us when they actually looked at the application, and all this time before it was just collecting dust (for 5). I am not sure if this was a part of Harper's extreme beuracratic ideas, but really makes no sense how things can change so fast that much. It is really really strange...

It only happens in Ottawa VO.

 

[Decoy24601]

The plan is definitely to apply Outland! I can't see a valid reason as to why any American would apply inland. We're still gathering all our proof to prove we've been in a common law relationship and once we have sufficient evidence we will be sending off our application. The goal is to have it sent off before summer is over.

That's good ;D. Did you know that you can apply to extend your visitor status online from within Canada? This is a moot point now that you're out of status and probably past the time you can restore your status, but I'm curious if you know this.

I doubt your being out of status will affect your application at all. There was one American who was asked to leave Canada and return to regain their legal status (by the person working on their PR application, not the CBSA), but that's the only time I've seen that happen and it looks like you're planning on doing that anyways.

It only happens in Ottawa VO.

Actually, other VOs have started to show signs of at least working on getting rid of the backlog, but yes, the only one to see major improvements is Ottawa.

 

[Ponga]

I'm currently out of status. I have been for a few months now. I was planning on returning home for a few days and then coming back to Ottawa before we submit our application just so that I'm in good standing and have status. My fear is being refused entry back into Canada.

So, this is the second time that you've overstayed?

Your original post indicates that the last time you re-entered Canada, was in May 2014. You then say that you left in May, to re-set the clock....but you also say that you are currently out of status. Can you clarify please?

 

[NinaInOT]

So, this is the second time that you've overstayed?

Your original post indicates that the last time you re-entered Canada, was in May 2014. You then say that you left in May, to re-set the clock....but you also say that you are currently out of status. Can you clarify please?

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.

 

[NinaInOT]

That's good ;D. Did you know that you can apply to extend your visitor status online from within Canada? This is a moot point now that you're out of status and probably past the time you can restore your status, but I'm curious if you know this.

I doubt your being out of status will affect your application at all. There was one American who was asked to leave Canada and return to regain their legal status (by the person working on their PR application, not the CBSA), but that's the only time I've seen that happen and it looks like you're planning on doing that anyways.
Actually, other VOs have started to show signs of at least working on getting rid of the backlog, but yes, the only one to see major improvements is Ottawa.

I did know at the time! however I was under the impression that I only had an extended 30 days after overystaying to apply - not a full blown 3 months! *cries*

Do I have a say in where my application will be sent? Because I live in Ottawa will it be processed here in Ottawa?

 

[NinaInOT]

Your not alone I have been out of status for 4 years I have applied outland it's been 6 weeks

Wow! 4 years! and I thought I was being risky! LOL! How do you manage your time here? Do you work? volunteer? that's partly WHY I'm so determined to get this application sent off. I'm so tired of not being able to work. My spouse has been very supportive through all of this.

 

[Loveactually]

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