what happens if they catch him?

[Bluesky2010]

My boyfriend and I will be applying for his PR through a common-law relationship. We'll have lived together for a year in July and will apply immediately. My question is, he's overstayed his visa already and if immigration catches him now they'll send him home. Will he be protected from being deported once we've sent in our application? I am hoping that Immigration will already be determining his fate through the immigration process he'll be protected from immediate deportation. Anybody know? We're both so stressed over the whole process... it's a bit like walking on pins and needles.

Thanks!

 

[edgarsitow]

Hello!

It is his obligation to remain legally in Canada at all times. What you can do is that once you mail the Sponsorship application, include as well an application for either an extension of his Temporary residence permit or for a Work/study permit. Obviously the work permit is the best option IMO, this will put him as "Awaiting status" or something similar and technically he shouldn't be deported, then if you get an AIP (Approval in Principle) which normally arrives after six months, it will come with his Work permit, which allows him to stay legally in Canada until a decision is made. Hopefully this helps!

 

[isakben]

If he is simply on a visitors visa, you could also apply for an extension. I got 1 year extension on my visa and we are applying outland.

 

[Bluesky2010]

Thanks for the replies

What about if we apply outland? Then he can't apply for a work permit and he doesn't have a valid visitor visa to extend... Would immigration be able to require him to leave in that case? And would it hurt our application if he was given a departure order?

Thanks!

 

[Bluesky2010]

We're still pretty freaked out about what happens if we apply outland while he's out of status in Canada. If he stays in Canada and immigration finds out, what happens then?

Anybody know??

 

[isakben]

I imagine he would be kicked out along with the application if they found out....

How long has he been illegally here ?
Did he have a visitors or some other kind of visa ?

 

[Bluesky2010]

oh god i hope not. he came initially on a student visa, which was then extended for 3 months. He's overstayed by quite a while.

If he was asked to leave do you think that would hurt our appliation or delay it?

 

[job_seeker]

oh god i hope not. he came initially on a student visa, which was then extended for 3 months. He's overstayed by quite a while.

If he was asked to leave do you think that would hurt our appliation or delay it?

Have you tried applying for a restoration of status? If it is still within 90 days then apply for one.

 

[matthewc]

I imagine he would be kicked out along with the application if they found out....

How long has he been illegally here ?
Did he have a visitors or some other kind of visa ?

It's best not to "imagine" when dealing with issues that will make people very worried if you give them incorrect information.

If you apply inland, and he's out of status, then that gives some degree of protection from removal (out of status applicants are allowed to apply inland).

If you apply overseas, and he were required to leave due to being out of status, the overseas application would continue.

Either way, if they "catch" him, the PR application wouldn't usually be affected, as long as all he did was overstay / work illegally. (If it's more serious, e.g. he commits a criminal offence, then that's another matter.)

It's best to simply avoid being out of status in the first place though. Usually it's possible to do that for either an inland or outside Canada application, as long as you plan ahead.

What's his current status in Canada - when did he arrive and under what circumstances (visitor, work permit, etc).

 

[Asta]

thats from CIC site:

"If your temporary resident status has expired, do not apply for an extension as you are not eligible. However, if you wish to stay in Canada after your status has expired you may apply for restoration of status within 90 days of your offence (loss of status) or you must leave Canada. If you wish to apply for restoration, complete the enclosed application providing full details of how you came to commit the offence. There is no guarantee that your application will be accepted. See the section Restoration of Status."

http://www.cic.gc.ca/english/information/applications/guides/5551E.asp

 

[isakben]

Easiest way to find out what your options are now is just to call the immigration hotline and ask....

 

[javcil]

How is it that some people can commit an offense directly against Immigration Canada, and yet are still allowed to remain in the country and apply for PR??

"It is illegal to remain in Canada beyond the validity of your status in Canada.

It is illegal to work without a required work permit.

It is illegal to study without a required study permit."

PS: Not judging anyone, I'm really just curious.

 

[Asta]

well.. remaining in Canada longer than u can, but not working or studying without permission, also not committing any crime, wont hurt much Canada. its not much of a crime i suppose.