Need help

[nicholechoo]

Hi to all,
      I came to Canada in 2001 with a travel visa from Malaysia and basiclly overstayed here and my passport is currently expired for a year now. Me and my canadian boyfriend are expecting our 1st baby in 2 more months  and we haven't register  yet.
      My question is if my baby's gonna be a canadian citizen automaticlly or he'll be like me with no status staying in Canada?What should I do now to have a status to stay in Canada with my boyfriend and my baby?I heard that is gonna takes more than 2 years to get the status and i really don't know what to do now...
      Can somebody tell me what to do please?Thank you very much....

[mrs_missing_mr]

Something similiar happened in my case, My husband over stayed and we had 2 kids, last august he was detained by immigration, after that he was released after 10 days with a bond, in february of this year he had to leave the country before the deportation order, we then file the application outland, My advise is that u get married and try to do it inland if not you will have to go back to your country and do it outland, your baby will be a canadian citizen, get married, and file your application ASAP, good luck............

[RobsLuv]

First of all, your baby will be a Canadian citizen as long as his/her father is a Canadian citizen. 

If you and your bf have lived together for at least one year you qualify as common-law partners and he should be sponsoring you for permanent status.  If you don't qualify as common-law partners, or can't prove that you've lived together for at least one continuous year, you should get married so he can sponsor you as his wife.  Be aware that, even though you can apply and be approved for permanent status via the inland PR application process, because you don't have legal temporary status in Canada you can expect delays in processing.  It very well could be up to two years before you have status, but your only other choice is to leave Canada, file an outland PR application, and stay in Malaysia until after your permanent status is approved.

The real complication you have is that expired passport.  If you can get it renewed from within Canada, then do it immediately.  You will have to have a valid passport before you can be approved for PR (you don't have to have one yet to submit the application).  If you can't renew your passport while you're in Canada, you've got no choice but to leave Canada and stay in Malaysia while your common-law partner/bf (or husband) sponsors you for PR on an outland ap.  Processing times for the Embassy in Kuala Lumpur are fast: 1-8 months, plus add about 4-6 weeks for processing of his sponsorship application at the Case Processing Centre in Mississauga.