Steph hen said:
I've been in Canada for over 9 years now, sent away immigration papers in my first year and was told My application was a day late (There was a Holiday in within the postal timeline)I have a son of 7 years of age. Canadian born My wife we've been together since day one. I was flying back to the UK every 6 mths Initially onmy last visit they immigration was refusing me reentry, my wife argued and they gave us 90 days of course i stayed and we are constantly worried about the immigration. I've not worked been the home keeper raising my two sons one from us together the eldest from my sweethearts first marriage.
We are in love have been in love but afraid we would lose each other if i applied again. My passport has expired from my home country i've never broken any laws what can we do..We have also taken two children from the streets and helped them to become good Canadians and have another Child that we "rescued' from a bad situation she is graduating now along with my eldest boy i'm 54 now my wife 38 its time to stop worrying do we have a chance..?
As an oddity of the law, you aren't actually required to have a
current passport to land, but obtaining an exception to CIC's rule is not easy (I had the opportunity to help someone through the process last year. He landed in January 2014 on his 19 year expired passport!)
I just did a quick search and the UK has services that will handle obtaining a new passport on your behalf (for a fee). I've used a similar service in the US and its quite convenient: you fill in the forms, send it to them along with their fee as well as the passport renewal fee, passport, photographs, etc. Then in a few days or weeks you get your renewed passport back. London Drugs here in Canada does an excellent job of passport photos and can provide you with pictures that meet UK requirements.
Given that you do not wish to leave Canada, your best option is to apply via the
spouse/partner in-Canada class. One of the benefits of this class is that you do not need to be in legal status to permit sponsorship. Part of the process will actually permit you to return to legal status.
The normal rule is that one must apply for PR from outside Canada (which really means your application is processed outside Canada). This is typically faster and offers greater rights to appeal if there are problems. However, to do so you are supposed to be in legal temporary status if you are inside Canada.
As public policy, CIC and CBSA will defer any pending removal actions against you for being out of status if you have a pending Inland application. This isn't carte blanche - if they have a reason other than status to remove you, they will do so.
Currently it takes 11 months for the initial stage: approval of the sponsor and permission to allow you to apply for PR from inside Canada (the exception to the normal rule). This is known as AIP. The second stage is where they examine you and your background. At the end of that process you are granted permanent residency. That time can take 8 months or longer.
With a child between you and more than 7 years of relationship history it seems likely a visa officer will not question the legitimacy of your relationship. Thus, I cannot see any reason why you wouldn't eventually obtain permanent residency.
