What identification is needed for PR?

[pip_kerr]

Hello, I am from Australia and have been with my Canadian fiancee now for over two years. My work permit got refused and now we have decided to go forward with an offshore PR application a year earlier than expected due to my out of status situation. I had a consultation with a lawyer a few days ago who said I wont have any issues applying for a PR out of status as it doesn't matter, but I should make sure I apply to restore to visitor in order to show that I am doing the right thing.

My question is what identification is needed to apply? I have a drivers licence, two valid passports and other things like bank statements ect. What I dont have in Canada right now is my birth certificate and my Australian citizenship certificate. Can I go forward without these documents?

Thanks in advance.

 

[Omegabyte]

Looking at the region specific guide for Australia (http://www.cic.gc.ca/english/pdf/kits/guides/3906e.pdf), it appears you have all the ID documents you need.

If you're applying for common-law, you'll also need plenty of proof you've been cohabitating for at least 12 months.

 

[pip_kerr]

Thanks for the quick response, we have not been separated in the past two years, we have lots of travel photos and flight records as well as a join bank account for over a year now. Hopefully this will be enough.

 

[pip_kerr]

Can I ask Omegabyte, have you heard of people being ok to apply for PR out of status?

 

[Ponga]

Hello, I am from Australia and have been with my Canadian fiancee now for over two years. My work permit got refused and now we have decided to go forward with an offshore PR application a year earlier than expected due to my out of status situation. I had a consultation with a lawyer a few days ago who said I wont have any issues applying for a PR out of status as it doesn't matter, but I should make sure I apply to restore to visitor in order to show that I am doing the right thing.

My question is what identification is needed to apply? I have a drivers licence, two valid passports and other things like bank statements ect. What I dont have in Canada right now is my birth certificate and my Australian citizenship certificate. Can I go forward without these documents?

Thanks in advance.

You lawyer seems to have given you some information that may not be totally accurate. If you are still within the 90 days to restore your status, you should do this ASAP!

Inland applicants are usually allowed to remain in Canada without status, as long as they are not already `Removal Ready' by CBSA.

Outland applicants (that apply from within Canada) do NOT have that same protection, because the Public Policy allowing those without status to apply for sponsorship is only for the `spouse or common-law partner in Canada class' applicants.

Having said that, there have been a few people without status that have been lucky with an Outland application, but...it's still risky.



You will need a copy of your birth certificate and a copy of your valid passport as part of the application.

Good luck!

 

[Ponga]

Thanks for the quick response, we have not been separated in the past two years, we have lots of travel photos and flight records as well as a join bank account for over a year now. Hopefully this will be enough.

Travel photos and flight records will not prove that you have cohabited together for at least one full year. The joint bank account also doesn't really prove that you're under the same roof.

You need things like a joint lease or rental agreement (ask the landlord to write a letter if you don't have this), mail that has been delivered to each/both of you at the same address over the last one year (+), NOT just something recent.

 

[pip_kerr]

Thanks Ponga, yeah the lawyer said the first thing I should do is apply to restore my visitor visa, which i am actually doing right now, she said as long as that is underway it shows that I am doing the right thing and will be safe to stay until an answer is reached. Then she said go ahead with an outland PR.
As for proof of living together, the first year in Canada we lived with her parents so no lease, but I will try and dig up some joint letters, where we live now is also a sublet so no lease again but will get the landlord to write a letter also.
The problem will be my birth certificate, that is buried deep in some boxes somewhere in Oz, don't think it will be an easy find without me in the country. Is it 100% necessary?

Thanks

 

[CDNPR2014]

here's a thread about being out of status and applying for PR. A recent US outland applicant just got approved, and her status was not an issue during processing. keep in mind this can't be guaranteed for all visa offices. considering you're applying for restoration, it might not even apply to your application.

http://www.canadavisa.com/canada-immigration-discussion-board/out-of-status-application-new-thread-for-those-feeling-lost-t414815.0.html

 

[pip_kerr]

Thanks a lot for the link!

 

[pip_kerr]

Great stories in that thread, definitely made me feel a lot better and realise I am not the only one going through this. If I apply for an offshore PR, would I be able to work in Canada once it is granted?

 

[CDNPR2014]

Great stories in that thread, definitely made me feel a lot better and realise I am not the only one going through this. If I apply for an offshore PR, would I be able to work in Canada once it is granted?

yes, once you land as a permanent resident, you can get a SIN number and start working in canada that day. you can not work in canada until landing as a PR.

 

[pip_kerr]

oh great that is excellent news, so i guess the best thing for me to do now is restore my status to visitor, apply for PR and wait out in Australia till it is approved and then come back as a PR.

Do you think if I have the option to restore my visa now to a a work permit instead of a visitor visa it would be more worthwhile incase there are any complications with the PR? That way I guess at least I could return when it is granted and work in the meantime?

 

[Ponga]

oh great that is excellent news, so i guess the best thing for me to do now is restore my status to visitor, apply for PR and wait out in Australia till it is approved and then come back as a PR.

Do you think if I have the option to restore my visa now to a a work permit instead of a visitor visa it would be more worthwhile incase there are any complications with the PR? That way I guess at least I could return when it is granted and work in the meantime?

Well if you're planning to return to Australia sooner than later...why even restore your visitor status at all?

If you're going back to visit family and to wait for your PR to be approved, just list their address as being yours in the Outland application, since you will no longer be in Canada anyway to receive anything from CIC in the mail.

 

[pip_kerr]

Well we were originally planning to stay here till Christmas as my partner wants to spend it with her family. So that would bring past the 90 days. My lawyer also mentioned that it would be a smart move to apply as it shows you have always tried your best to follow the rules. she said it is never a good situation being in a country without status.

 

[Ponga]

While I would normally agree, the fact that you're leaving and not returning until after you have been approved for PR...is it worth the money to do so?

When did your status officially expire?