Out of Status- Urgent

[lnbarker]

Hi, I'm new to this forum but have found a lot of great information already. I was hoping I could get some more opinions on my sticky situation.

I applied for PR through inland Spousal sponsorship, it was received in Sept 4 2018. I applied out of status, as I was misinformed by a lawyer I spoke with in regards to an implied status (I was told that once I applied I would have implied status, regardless of my current status). I spoke with a CIC agent over the phone because I hadn't yet received any information on my WP and it was well past the 4 months. He let me know that I was ineligible for WP because I applied out of status, and I had two options (that I'm aware of), which were to either leave the country ASAP and try to come back in, hoping I got an understand border agent and explain to them that I was misinformed and my intent was never to disrespect the law. The risk there being that if I am refused entry my application could be considered abandoned. The other option is to stay, though there will be a note on my file saying that I have been informed of my "illegal" status, until my sponsorship application is approved.

Help?! I am not opposed to going to the border and coming back in, I understand the risk but I can't help but feel that if I stay it would look worse. But I am really concerned that they will look at the fact that I've been living here for 7 months out of status and determine that I'm ineligible for temporary status. I also don't know how long I have to be gone, can I leave and turn around and come back? Do I need to be gone for a day? Is my application considered abandoned the second my entry is denied?

If you have any suggestions, help, resources, etc. I would greatly appreciate it.

 

[scylla]

If you leave, there's always some risk you'll have trouble re-entering (that risk is increased since you've been here for a while without status). Lowest risk option is to remain in Canada without status. The downside of that option is that you won't have a work permit until around the 10 month mark.

 

[lnbarker]

If you leave, there's always some risk you'll have trouble re-entering (that risk is increased since you've been here for a while without status). Lowest risk option is to remain in Canada without status. The downside of that option is that you won't have a work permit until around the 10 month mark.

Will it look bad on my application if I chose to stay despite being informed of my status ?

 

[KBsandhu]

Will it look bad on my application if I chose to stay despite being informed of my status ?

i would say your better chances are to stay here, i know being out of status is not a really good thing for your file but it is covered by public policy
Policy -''This means that spouses or common-law partners in Canada, regardless of their immigration status, are now able to apply for permanent residence from within Canada in accordance with the same criteria as members of the Spouse or Common-law Partner in Canada class.
The effect of the policy is to exempt applicants from the requirement under R124(b) to be in status and the requirements under A21(1) and R72(1)(e)(i) to not be inadmissible due to a lack of status; however, all other requirements of the class apply and applicants will be processed based on guidelines in IP2 and IP8.''
in case you want to leave country, and re-enter, then there are chances your entry can be denied. In that case, you have to apply outland and your ongoing file will be cancelled. i hope it helps.

 

[lnbarker]

i would say your better chances are to stay here, i know being out of status is not a really good thing for your file but it is covered by public policy
Policy -''This means that spouses or common-law partners in Canada, regardless of their immigration status, are now able to apply for permanent residence from within Canada in accordance with the same criteria as members of the Spouse or Common-law Partner in Canada class.
The effect of the policy is to exempt applicants from the requirement under R124(b) to be in status and the requirements under A21(1) and R72(1)(e)(i) to not be inadmissible due to a lack of status; however, all other requirements of the class apply and applicants will be processed based on guidelines in IP2 and IP8.''
in case you want to leave country, and re-enter, then there are chances your entry can be denied. In that case, you have to apply outland and your ongoing file will be cancelled. i hope it helps.

Thank you, that does make me feel better that being out of status does not mean I'm ineligible for residency. I appreciate your time.