over stayed in canada more than 5+ years

[wchan1212]

i have a friend who over stayed in canada (ontario) for 5+ years, does anyone know if there anything she can apply or anyways to make it back to legally stay in canada( ontario)? also working in canada (ontario) as well.
she and her boyfriend(canadian) are going to get married, therefore they are thinking to apply the Family sponsorship. but not sure shes eligible for that because of her over stayed status .

 

[Wakki]

Her overstayed is not legal and there is nothing she could do to make her overstay period in Canada legal.

If she becomes legally married.......she could apply for inland spousal sponsorship......her out-of-status will not cause the sponsorship to be refused, just more scrutinized......her spousal sponsorship will be approved based on the proof of supporting documents and the genuineness of her marriage/relationship.

If she were to apply for inland spousal sponsorship tell her not to include application for OWP as the OWP will not be approved because of her out-of-status.........OWP needs status for approval......but inland spousal sponsorship does not need status for approval.

Applying for inland spousal sponsorship immediately alerts IRCC of her out-of-status in Canada.........although its very unlikely IRCC will come after her.........advice her to keep a low profile until she receives AOR from IRCC.........although, very unlikely, if any unexpected, contact an immigration lawyer (not an immigration consultant).

Refer.......Public Interest

 

[canuck_in_uk]

i have a friend who over stayed in canada (ontario) for 5+ years, does anyone know if there anything she can apply or anyways to make it back to legally stay in canada( ontario)? also working in canada (ontario) as well.
she and her boyfriend(canadian) are going to get married, therefore they are thinking to apply the Family sponsorship. but not sure shes eligible for that because of her over stayed status .

Her spouse can sponsor her once married or common-law. She should immediately stop working illegally.

 

[wchan1212]

Her overstayed is not legal and there is nothing she could do to make her overstay period in Canada legal.

If she becomes legally married.......she could apply for inland spousal sponsorship......her out-of-status will not cause the sponsorship to be refused, just more scrutinized......her spousal sponsorship will be approved based on the proof of supporting documents and the genuineness of her marriage/relationship.

If she were to apply for inland spousal sponsorship tell her not to include application for OWP as the OWP will not be approved because of her out-of-status.........OWP needs status for approval......but inland spousal sponsorship does not need status for approval.

Applying for inland spousal sponsorship immediately alerts IRCC of her out-of-status in Canada.........although its very unlikely IRCC will come after her.........advice her to keep a low profile until she receives AOR from IRCC.........although, very unlikely, if any unexpected, contact an immigration lawyer (not an immigration consultant).

Refer.......Public Interest

Thank you so much!!!
and sorry i forgot to mention that she apply the refugees status before but got rejected. so just wondering can she still able or okay to apply the inland spousal sponsorship? will she get kick out of canada once she apply the inland spousal sponsorshop?
Thanks!!

 

[scylla]

Thank you so much!!!
and sorry i forgot to mention that she apply the refugees status before but got rejected. so just wondering can she still able or okay to apply the inland spousal sponsorship? will she get kick out of canada once she apply the inland spousal sponsorshop?
Thanks!!

How long ago was the refused refugee application and what is the current status of the application?

I would say that you should expect much longer processing times than normal for the spousal sponsorship application given her immigration history. I would also expect she will likely need to attend an interview. You'll want to put together a very strong application.

 

[keesio]

yes I agree that they her application will be scrutinized due to her failed refugee status application. Hopefully she has a long history with her spouse before applying. If she does not, then the suspicion will be that it may be a marriage of convenience and that will slow things down.

 

[Wakki]

regardless of her current out-of-status.....she can apply for inland spousal sponsorship........but expect her inland sponsorship application to be more scrutinized and may take a little longer to complete processing........ensure you provide very good supporting proof of marriage/relationship in your inland sponsorship to convince IRCC your marriage is not for convenience.....advice her to be very honest in her application, and do not forget IRCC know more about her...she must not lie about her overstay or hide any information because it may hurt her.....its unlikely IRCC will come after her after applying for inland sponsorship.......but will advice her to keep a low profile until she receives AOR from IRCC.

 

[Gino44]

i have a friend who over stayed in canada (ontario) for 5+ years, does anyone know if there anything she can apply or anyways to make it back to legally stay in canada( ontario)? also working in canada (ontario) as well.
she and her boyfriend(canadian) are going to get married, therefore they are thinking to apply the Family sponsorship. but not sure shes eligible for that because of her over stayed status .

Is there any update on what happened? Did she get approved for permanent residency? I've overstayed 2 1/2 yrs with my fiancee we plan to marry soon do you think we'll be approved?

 

[Amiah_world]

Is there any update on what happened? Did she get approved for permanent residency? I've overstayed 2 1/2 yrs with my fiancee we plan to marry soon do you think we'll be approved?

As long as you do not have any criminal record or removal order you can get married and file for inland sponsorship. Make sure your partner is qualified to sponsor too before submitting.