Out of status in Canada - is it better to apply inland or outland?

[Marulara]

Thanks Ponga..
But if apply inland and i get to be removed from Canada, my application becomes void, While if i apply outland and leave Canada, my application will continue to be processed, am i right?

 

[Aquakitty]

Thanks Ponga..
But if apply inland and i get to be removed from Canada, my application becomes void, While if i apply outland and leave Canada, my application will continue to be processed, am i right?

Yes. Are you from a visa-exempt country? My spouse was out of status for a long time and was successful with an outland application, but he was visa-exempt. Someone on here was out of status for something like 7 years and still got through without being deported (inland app).

They generally seem to want you to follow the rules and get your PR and they don't seem to always hold these issues against the applicant, but if you are out of status because of "playing the system" then it might be another story.

 

[methyl]

I think the question in case of outland application is whether you would be deemed inadmissible due to being in the country without status. If you don't have a departure or deportation order against you this inadmissibility is easily "cured" by leaving Canada. But how the processing works is a question - whether they allow you to leave, cure inadmissibility and continue processing the sponsorship, or whether the application is rejected and you need to appeal after leaving. Applying outland does not require having any kind of status, since by definition it is intended to be used by those not in Canada, and having a status or not having it is not the relevant part. What is seems to be relevant is inadmissibility and there does not seem to be any concrete answer to that. The multiple consultants and lawyers that I consulted either don't seem to agree on the answers, or do not understand the regulations to such depth or maybe it a matter of discretion on part of the processing officers.

 

[Ponga]

The real issue is the Public Policy that allows a person without status to submit an Inland application, but doesn't say anything about an Outland application. I know, I know...the argument has been that CIC will `assume' that a person is outside of Canada if they submit an Outland application, but as many people [now] know, a person in Canada can and probably should submit an Outland application.

The question is: How does this impact a person IN Canada without status?

Up until September of 2014, the Guide for Inland applicants stated that legal status was not required, as long as the applicant has an eligible sponsor. That same language has never appeared in the Outland guide. Further to that, CBSA does NOT have an Administrative Deferral of Removal policy in place for an Outland applicant. They do seem to still follow the ADR that they had for Inland applicants.

Nobody seems to know how CBSA determines who stays and who is removed...even with a sponsorship application in the queue.

Having been someone that was out of status and was lucky enough to not have been removed, I'm very grateful for the generosity. I endured the arduous torture of the Inland process, because I was told by more than one source (including an experienced, reputable immigration lawyer) that an Inland application was the safest option.

 

[Marulara]

Yes. Are you from a visa-exempt country? My spouse was out of status for a long time and was successful with an outland application, but he was visa-exempt. Someone on here was out of status for something like 7 years and still got through without being deported (inland app).

They generally seem to want you to follow the rules and get your PR and they don't seem to always hold these issues against the applicant, but if you are out of status because of "playing the system" then it might be another story.

Thanks everyone for the inputs. I am from a non-visa exempt country.
What do you mean by 'playing the system'?

 

[Aquakitty]

Thanks everyone for the inputs. I am from a non-visa exempt country.
What do you mean by 'playing the system'?

I mean have a history of doing whatever it takes to stay in Canada, including misrepresentation. If it makes any difference, my husband was in and out of status for years, but like I said he was visa-exempt American, and we did that because we basically didn't have a choice. He even got a letter to leave Canada at one point (not an actual departure order, just a warning letter. At least I think it was just a warning) He received it after they finally denied him a visitor status renewal because we forgot to pay. Yes we did some dumb things, but it wasn't malicious and intentional is what I'm trying to get at.

 

[methyl]

To report back - the processing of our application has been completed and we got COPR.
So to confirm the answer my own question in the original post of this thread - yes, it is possible to get an outland sponsorship application approved even while staying in Canada without status the whole time. In theory this goes against admissibility criteria - a person has to be admissible to be granted PR and violating the immigration regulations makes one inadmissible. For inland processing there is public policy that allows an exemption from this condition but for outland there isn't one. However, looks like CIC closes their eyes on it, at least in our case and I heard there have been others. No guarantees you will be as successful