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

[methyl]

My partner might lose status in a 1.5 months while we're waiting to become common-law in 5 months. We don't want to get married in a haste, marriage will follow in due cource once everything is planned properly, with relatives, etc.

Applying to extend status does not seem likely to be approved at this point, and in case of rejection she will get a departure order, which we will have no
choice but to follow. We think staying under the radar is a more secure option. We cannot bear to separate so perhaps living out of status is the only way for us.

In case of her country it seems that outland processing is about half the time of inland.
The way I understand is that the only benefit to inland application is that people in status can get an open work permit. Since this benefit won't apply to us it looks like outland application would be a better option due to much faster processing at around 10-14 months. Seems that either way there is a danger of receiving a departure order, which we will comply with if received.

There have been discussions whether applying outland is an option for out of status people but there doesn't seem to be a clear conclusion. Does anyone have any more up to date info on this?
canadavisa.com/canada-immigration-discussion-board/can-a-person-without-status-in-canada-submit-an-outland-application-t215461.0.html

Contrary to this, an immigration lawyer (not just a consultant) is advising the following:
"Citizenship and Immigration Canada will not process the application if the applicant does not have valid temporary resident status in Canada."
on this page meurrensonimmigration.com/the-inside-canada-vs-outside-canada-sponsorship-process/


We would really appreciate any information to clarify this or there are any other dangers

 

[canadausa#11]

Apply to extend her visitor status just before it expires. Could easily buy you 4-5 months of implied status while they process it.

 

[methyl]

Apply to extend her visitor status just before it expires. Could easily buy you 4-5 months of implied status while they process it.

She's on a student visa which according to a number of lawyers and consultants is unlikely to be extended because of a 5 months lapse in studies (our ignorance of the change in law).
It's doubtful we can convert to a visitor's status for the same reasons of non-compliance. Seems that once renewal is rejected it's going to be an automatic departure order, and that would be too dangerous to ignore. Also I doubt the process can take as long as 4-5 months for permit extension

 

[Aquakitty]

She's on a student visa which according to a number of lawyers and consultants is unlikely to be extended because of a 5 months lapse in studies (our ignorance of the change in law).
It's doubtful we can convert to a visitor's status for the same reasons of non-compliance. Seems that once renewal is rejected it's going to be an automatic departure order, and that would be too dangerous to ignore. Also I doubt the process can take as long as 4-5 months for permit extension

Visa-exempt or non-visa exempt country?

 

[canadausa#11]

She's on a student visa which according to a number of lawyers and consultants is unlikely to be extended because of a 5 months lapse in studies (our ignorance of the change in law).
It's doubtful we can convert to a visitor's status for the same reasons of non-compliance. Seems that once renewal is rejected it's going to be an automatic departure order, and that would be too dangerous to ignore. Also I doubt the process can take as long as 4-5 months for permit extension

I see. But yes for visitor extension it does take 3-5 months. Look at their website. And study permit extensions are currently at 115 days if you apply by hard copy. I would apply for study permit extension by hard copy, if it takes close to 4 months then you would have got your common law requirements, and if they reject you within 90 days you could then apply for restoration of status? Someone would have to confirm that.

 

[methyl]

Visa-exempt or non-visa exempt country?

Non-visa exempt

I see. But yes for visitor extension it does take 3-5 months. Look at their website. And study permit extensions are currently at 115 days if you apply by hard copy.

Yes, we considered that route. But then in case of rejection the expiry of status is backdated to original expiry date, plus still an automatic departure request, right?

 

[canadausa#11]

Non-visa exempt

Yes, we considered that route. But then in case of rejection the expiry of status is backdated to original expiry date, plus still an automatic departure request, right?

But you could apply for restoration of status if its within 90 days of the original expiry date I think

 

[Ponga]

As mentioned in the OP's other thread, it's possible that CIC is aware that the permit holder did not study. If this is the case, CIC will see the person as being without status.

It's impossible to know for sure, without seeking help from someone experienced in these types of cases.

 

[methyl]

As mentioned in the OP's other thread, it's possible that CIC is aware that the permit holder did not study. If this is the case, CIC will see the person as being without status.

It's impossible to know for sure, without seeking help from someone experienced in these types of cases.

There a new procedure for education institutions to submit enrollments to CIC. Besides, when applying for renewals the whole history of the last months is required, obviously we would not try to misrepresent facts here. The lawyers and consultants told us that approval for extension or restoration would be questionable and a lucky draw.

So considering that this is not an option, could anyone comment on original question - is an outland application an option for out of status applicants? The board seems to say yes, a lawyer says no.
Is the only difference the speed of processing?

 

[Carlaganda23]

As mentioned in the OP's other thread, it's possible that CIC is aware that the permit holder did not study. If this is the case, CIC will see the person as being without status.

It's impossible to know for sure, without seeking help from someone experienced in these types of cases.

Hi Ponga,

I didn't know you are still very active on this page. I seldom check this forum, I would say that life is good right now after the hell hole waiting for my status. I was out of status too and I applied for Permanent Resident under Common Law. I waited for for 1 year and 6 months to be able to work and be useful person in the society. I'm now working as a Neuro nurse in one of the biggest hospitals in Atlantic Canada. Keep the faith and hang in there!!!

 

[Mardek]

Inland takes much longer, and there are no guarantees. Your partner still can get in trouble or stay out of status for a while.

Outland could be faster, depending on the VO. As long as you not misrepresent, should be fine.

 

[methyl]

Thanks for input everyone

 

[Ponga]

There a new procedure for education institutions to submit enrollments to CIC. Besides, when applying for renewals the whole history of the last months is required, obviously we would not try to misrepresent facts here. The lawyers and consultants told us that approval for extension or restoration would be questionable and a lucky draw.

So considering that this is not an option, could anyone comment on original question - is an outland application an option for out of status applicants? The board seems to say yes, a lawyer says no.
Is the only difference the speed of processing?

It seems as though the public policy, that allows a person without status to apply, as long as they have an eligible sponsor, still applies to an Inland applicant. The Inland Guide was updated in September 2014 to say that a person must have legal status, but many people are still applying without status. CIC's Inland Processing Manual (IP8) has not been updated to reflect this change, so...I guess the policy is still in place.

That same policy does NOT apply to an Outland applicant. Those that have been successful have been very lucky, IMO.

 

[Marulara]

Hi, newbie here.. Please help me with some issues i am having right now..
I am out of status for more than 1 year now and planning to submit outland common-law sponsorship.
1. Do i need the help of a lawyer/consultant with our application? (Because im out of status)
2. Does my being out of status already a big point for rejection of my application?
3. Will cic request me to go home while my application is in process?

I have read some members got approved even without status, i wonder if they seeked the help of a lawyer.
I know lawyers are very expensive and im having second thoughts on getting one unless i really have to because of my status.

 

[Ponga]

Hi, newbie here.. Please help me with some issues i am having right now..
I am out of status for more than 1 year now and planning to submit outland common-law sponsorship.
1. Do i need the help of a lawyer/consultant with our application? (Because im out of status)
2. Does my being out of status already a big point for rejection of my application?
3. Will cic request me to go home while my application is in process?

I have read some members got approved even without status, i wonder if they seeked the help of a lawyer.
I know lawyers are very expensive and im having second thoughts on getting one unless i really have to because of my status.

1. No.
2. No
3. Maybe...

While a person can submit an Inland application without status and usually remain in Canada during the process, it is never guaranteed. The public policy that allows a person without status to apply Inland, doesn't appear to apply to an Outland application. All this really means is that if you apply Outland, you may be removed from Canada during the process, or...you may not. Nobody here seems to truly know how they decide which applicants without status are removed.

If you choose Inland, you should also know that you will not qualify for the Pilot Program OWP that many Inland applicants receive, because you are out of status. You would need to wait until you have first stage approval (AIP) to qualify for the regular OWP. This will take ~ 18 months from the time that CIC receives your application.