OUT OF STATUS IN CANADA (WHICH IS BETTER? INSIDE OU OUTSIDE APPLICATION)

[thonyhlfx]

I am in Canada since december/2008(I am from Brazil), I had applied for an extension of my visa a month before it expired(I wanted to travel around Canada since I was studying english for 6 months/and had never left the Province of Ontario) however I never heard from the CIC people ever since. I met my husband in June/2009, a month after that I went to visit him in Halifax N.S and I've never left( none of us wanted to leave each other) we decided to have a life together and get married(it's a GAY relationship), we did so in April. My homophobic mother supported it. His lovely family also.
so, I have learned that even I being "out of status" I am allowed to apply INSIDE OF CANADA (CLASS), but I also learned that INSIDE process takes forever to be done and there is no right of appeal
I am wondering, is it possible to apply on the OUTSIDE OF CANADA CLASS while being 'out of status' IN Canada?
(this question came up to me after reading HERE a topic about an american guy who was illegal in Canada AND applied on the OUTSIDE CLASS while illegal in Canada.)

Sorry I may be a bit confusing but I am about to freak out here.
THANK YOU!

 

[Halifax-Maple]

Hello

Your case will raise too many flags. You came to study in Canada and you ended in "illegal status" by delibrately overstaying. Being illegal or "out of status" can remove you from Canada at any point, regardless of your country of origin, whether USA or Brazil. If you stay and apply as "Inland", you will have to go through uphill struggle to convince Immigration officers that you are not using the marriage of convenience in order to have a status in Canada. Plus you have obligation to keep your status in legal shape.
I suggest you go back to Brazil as soon as possible. As long as you have no criminal record in Canada, you can easily exit the country. You then can apply as "outland" from there. During the process of your application a police clearance will be needed. As you stayed in Canada for more than 6 months, then you need a Canadian police clearance. Be honest and have the Cnd police clearance. If necessary, and if you were asked about your over staying, simply explain and make a good reason and apology.

Whether you will be allowed to enter Canada again during your application process,.. I doubt it. The Americam may differ in that he/she will not need visa to enter Canada. However, anyyone, from anywhere can be removed from Canada if illegal or over staying. Also, anyone can be denied entry to Canada..depends on circumstances and the discretion of the immigration cutoms.

Good luck

 

[precious123]

Hi Halifax_Maple,
I've been in Canada as a temporary foregn worker for 2 yrs and now I am applying outland sponsprship under family class, do you think I still need to provide a police clearance? I voluntorarily exit the country last year to avoid overstaying. An now my PRV is on process. And I already received 2 letters from my visa office in my country requested me some additional document but they never ask me a police clearance from Canada. Do you think they still ask it since I am here already in my country and Its not easy for me to go back there and request a police clearance. Answer will very much appreciated.Thank you

 

[Halifax-Maple]

Hi Halifax_Maple,
I've been in Canada as a temporary foregn worker for 2 yrs and now I am applying outland sponsprship under family class, do you think I still need to provide a police clearance? I voluntorarily exit the country last year to avoid overstaying. An now my PRV is on process. And I already received 2 letters from my visa office in my country requested me some additional document but they never ask me a police clearance from Canada. Do you think they still ask it since I am here already in my country and Its not easy for me to go back there and request a police clearance. Answer will very much appreciated.Thank you

The answer is yes. You have to provide police clearance if you stayed over 6 months in any country. How difficult it can be, is not an issue for CIC. BTW, I hope, in your application and work experience, you made your work history correctly. If not, you may get caught in misrepresentation

 

[dhdesigns]

The answer is yes. You have to provide police clearance if you stayed over 6 months in any country. How difficult it can be, is not an issue for CIC. BTW, I hope, in your application and work experience, you made your work history correctly. If not, you may get caught in misrepresentation

I would recommend that you contact a group called LEGIT, the Lesbian and Gay Immigration Taskforce (legit.ca) for additional advise. They are well versed at same sex couple immigration issues.