Out of Status New Zealander in Canada

[aussiemama]

Hi guys

I have a mate who has been here without a visa for 3 years.  She was on a working holiday permit from NZ, then had her baby at 27 weeks.  She is in a common law relationship with a Canadian and the baby is Canadian.

Once her working holiday program visa has expired, I think they freaked out and didn't know what to do or handle the situation.  But they really want to get it resolved now.

I would think she's better off applying to the NZ visa office as the wait time would be less.

Can anyone suggest the best way for her to submit an application (and which one) and to where?  I know she is terrified that if she has to leave Canada, she won't be allowed back in and therefore will be without her husband and son.

Any help would be great!

Thanks!

[DeporteQuestion1]

Hello there,

Yes, being in the country for that period of time without a visa will affect her once she tries to get back in, however, for my understanding is that if she goes back to NZ and receives her PR, she can always sent a letter to the minister of Canada, explaining the situation so she can come back in. Another option would be getting married and applying Inland, but, subject to be deported anytime.

[CharlieD10]

She doesn't need to leave Canada in order to make an application through Sydney.  In addition, that office is very efficient at processing applications and she could be a permanent resident inside of 6-8 months, as opposed to waiting 11 months for an inland application to be processed for stage one approval.

They should prepare an Outland common-law partner application, make the necessary payments, and gather all the supporting documents for submission ASAP.  The application goes to CPC-Mississauga so her partner can be approved to sponsor her, and then to Sydney for her to be evaluated.  With a properly supported application, she need never leave Canada as she can receive a COPR and "land" as a PR at the border with the US if one is close to them or at a local CIC office if not.

[aussiemama]

Thanks so much for the help!

I will let her know.  She's so anxious about the whole thing (as I would be too).

I appreciate the help.

Aussiemama