Scared and confused.

[Ponga]

This really is a gamble...even though my common sense would like to agree with Rob_TO.

No doubt that this will be a very difficult decision by the OP.

 

[jsrnm]

Yes rob we will be travelling all together my son and partner. I will never lie to them of course. You are right i have never worked illegal or even attempted. I have never taken anything from a canadian always paid my way. I know this is a gamble and i have a few months to decide. At this very moment i am doing the application gathering my evidence. I have so much. Not sure where to start.

Is it advicable to write a letter in the application explaining how we met and how relationship continued explaining the reason why i overstayed ?

Again thank you

 

[Ponga]

When you stated in your original message that your partner is Canadian, does that mean that he is in fact a Canadian citizen?

I suspect yes, but if he is only a PR of Canada, he must stay in Canada while the outland application is being processed.

 

[jsrnm]

Yes ponga he is Canadian citizen

 

[margobear96]

IMO most of the posters are being unnecessarily pessimistic about your situation. Personally, I'm just offering possible scenarios to the OP, not being overly pessimistic. I overstayed by 2 years by the time I applied. I did almost exactly what you're planning on doing. I got my application ready to go and went on vacation to visit my parents in Asia. Husband mailed it while I was out of Canada (and therefore in status at the time of mailing and receipt by CIC).
You were not in status at the time that your application was mailed, because you were NOT in Canada. How can you be in status if you are not in the country? Wink

There's no place in the application where you'd have to state that you overstayed. Just enter the dates you entered and left, no commentary. Obviously, if CIC does the math and checks in their computer for any extensions (and finds none), they'll know you overstayed. Just no need to do the work for them or draw attention to it.

Yes there is. You have to show the status in Canada in at least two places (for example IMM 0008, question 10). The OP would have to select `other', and then type `out of status' in the adjacent box.

Yes, I guess it would be more accurate to say I was "no longer out of status" as opposed to "in status" once I left the country.

On IMM 0008, Question 10, Country of residence, I put Canada for country and Visitor for status. The instructions about out of status etc. were added after I applied. Nonetheless, since I was out of the country at the time the application was submitted, I wasn't actually out of status when I signed the form. Arguably, to put out of status would be a misrepresentation too. Canada doesn't have an automatic ban for overstays like the US. I "fixed" my overstay by leaving...it's not like there's a way to restore status to a period of time in the past. Anyway, I talked to and paid an immigration lawyer to review my application before we sent it in because some of this stuff is admittedly ambiguous. (A real lawyer who chairs the immigration section of the BC law society, not a sketchy immigration consultant.)

I don't know what other place you're referring to.

 

[jsrnm]

Margobear this my intention to fix my overstay. I also will apply while being out of canada which would then mean i am not out of status. I may also have someone look over my application

 

[VioletBlue]

Hi ...as Ponga already said you are Not alone...I for example have been in Canada since '06...out of status(by Not completely understanding I could have applied for visitor visa)...since '07...have 2 Canadian born kids...CDN hubby...so there is Always Worse....your case is not the most complicated on here Trust me lol....I just was wondering why MUST you leave Canada?? Is it that important to Visit and disrupt your sons schooling? Could you apply Outland while remaining IN Canada and go visit after you get approved for PR?? This seems a lot less complicated than trying to re-enter when there is a chance they may ship you back to UK...

 

[Ponga]

It's been reported by at least one very senior member here that a person in Canada, without status, cannot submit an Outland application.

 

[margobear96]

It sounds like in your case they weren't aware of your 2-year overstay, since they didn't ask you the reason why you overstayed or really question you about it.

This could be a very different story in any other situation. Using an individual's personal experience on crossing the border, is in no way reflective on what someone else will experience since so much of it is up to the personal discretion of the CBSA officer you happen to encounter. OP needs to be aware of what can (and has) happened to people trying to enter Canada with previous overstay, and be as prepared as possible.

Of course, you can always get unlucky and get an a$$hole officer. I'm just more generally optimistic on OP's chances. Are you aware of anyone who has had problems getting in with a previous overstay who has applied for PR (NOT temporarily visiting like in the article someone else posted)? In particular an applicant from a visa-exempt country whose relationship is unarguably genuine (i.e., they have a child together)? I'm just saying that while being refused entry is always a possibility, it's not likely in this individual case.

As mentioned, getting the PR app in before returning and having proof of it, should be essential here.

Absolutely. This is really where I see OP may have an issue getting back into Canada. If she procrastinates and tries to convince CBSA that she'll really, really, for reals this time, cross my heart hope to die submit the application after she's back in Canada...I can see where the officer would have good cause NOT to believe her given the previous overstay.

With what the OP has described, common-law should not be a problem at all to prove.

OP is having problems getting her application together. The less work she has to do, the more likely she'll get it done. Just the opinion of a fellow inveterate procrastinator.

You should read IMM5669E "Background/Declaration" form, question 8 - Personal History. You need to list your places of residence, and most importantly Status in Country. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5669E.pdf

If OP simply puts "visitor" in for their status for her entire time in Canada, that is clear misrepresentation and grounds for PR rejection. Correct way is to put in "visitor" during the time she had actual legal visitor status, and after that ran out put in "no status" or something for the remaining dates.

Ah, there was no "status in country" column when I was applying. In my opinion the instructions don't say legal status...colloquially she was a visitor the whole time. I think she could put just visitor and have a legitimate argument that that is not a misrepresentation. (She certainly wasn't working or studying illegally.) A more cautious approach would be what you suggest. However, I wouldn't break it out into out of status and visitor and optically draw attention to it. I'd just footnote the visitor status and explain in small font that while she entered legally as a visitor on [date] she neglected to apply for an extension. Preferably the footnote would go on another sheet of paper with addendums to several questions on it so it doesn't stick out.

 

[margobear96]

Hi ...as Ponga already said you are Not alone...I for example have been in Canada since '06...out of status(by Not completely understanding I could have applied for visitor visa)...since '07...have 2 Canadian born kids...CDN hubby...so there is Always Worse....your case is not the most complicated on here Trust me lol....I just was wondering why MUST you leave Canada?? Is it that important to Visit and disrupt your sons schooling? Could you apply Outland while remaining IN Canada and go visit after you get approved for PR?? This seems a lot less complicated than trying to re-enter when there is a chance they may ship you back to UK...

According to my lawyer, if I didn't leave, I would have had to apply inland -- a much longer process. Additionally with the inland application, she also recommended applying for a TRV to get back into status. Given that I had the option to leave, this didn't make much sense to me. I much rather take my chances with CBSA on the way back, face-to-face with my husband and two kids in tow, than have a faceless CIC bureaucrat decide my TRV application. If it got rejected (admittedly, not sure what the probability of this is), I would have had to leave anyway, the inland app would be void, and I'd have to reapply outland.

 

[steerpike]

According to my lawyer, if I didn't leave, I would have had to apply inland -- a much longer process. Additionally with the inland application, she also recommended applying for a TRV to get back into status. Given that I had the option to leave, this didn't make much sense to me. I much rather take my chances with CBSA on the way back, face-to-face with my husband and two kids in tow, than have a faceless CIC bureaucrat decide my TRV application. If it got rejected (admittedly, not sure what the probability of this is), I would have had to leave anyway, the inland app would be void, and I'd have to reapply outland.

You would have to leave to apply for a TRV. I dont think you can apply for a TRV from within Canada when you are out of status.

 

[margobear96]

You would have to leave to apply for a TRV. I dont think you can apply for a TRV from within Canada when you are out of status.

It wasn't a regular TRV (I'm visa exempt). Maybe some sort of special category/H&C thing? I didn't really follow up with the lawyer because I thought it was easier to leave, file outland and reenter.

 

[canuck_in_uk]

It's been reported by at least one very senior member here that a person in Canada, without status, cannot submit an Outland application.

And it's been reported by several others that it is entirely possible to submit an outland app while in Canada without status. Referring you back to our previous thread where we hashed this out http://www.canadavisa.com/canada-immigration-discussion-board/out-of-status-in-canada-urgent-advice-needed-t213091.45.html.

Nowhere does CIC state that a person cannot apply outland while in Canada illegally.

 

[jsrnm]

So it maybe possible to do while i am here.????? All the information is very overwhelming. Thank you all for your help. I am going to keep filling out the application have everything ready and then see what my options are

 

[Ponga]

And it's been reported by several others that it is entirely possible to submit an outland app while in Canada without status. Referring you back to our previous thread where we hashed this out http://www.canadavisa.com/canada-immigration-discussion-board/out-of-status-in-canada-urgent-advice-needed-t213091.45.html.

Nowhere does CIC state that a person cannot apply outland while in Canada illegally.

Well, hopefully computergeek will chime in and comment further.