Overstayed visa, spousal sponsorship, open work permit, and re-entry to Canada.

[T Sweden]

Hi! I am an American citizen who lives in Quebec, Canada and I have overstayed my visitor visa for nearly two years. My wife and I were married in October and we almost have the sponsorship application completed. We saw recently that the processing time is over 2 years! I know I am ineligible for the new work permit given to applicants in waiting, because I do not have status, but I was wondering if there are any other options? Is there any other way I can obtain status without having to leave Canada?

It’s not that I just don’t want to wait, I have very elderly family members in the US and time is very important. If it comes down to having to leave and re-enter to obtain a visitor visa, should I send in the sponsorship application first? Is there a way that CBSA can see that I have a pending application? I’m hoping someone can help me find an answer as I’m ready to send the application and if I will have to wait out the 26 months processing time I’d like to send it as soon as possible. Thanks so much people!! ???

 

[Ponga]

I suspect that if you leave Canada now, it will be very difficult for you to return.

Even with a sponsorship application submitted, CBSA is not likely to allow you to re-enter Canada, as you've already proven to them that you will overstay.
Since you probably have little, if any, ties back to the U.S., this only complicates your problem.


There is no way for you to regain status without leaving Canada.

 

[deweysmith]

Once you submit a sponsorship application you can technically enter with "dual intent" but I don't think there's a BSO out there who would let you back in, even with that. Of course, it does take a little bit of work for them to actually find out when you last LEFT Canada, but they can, and if they get to that point you will have already lied quite a bit about your situation, so you're looking at an exclusion order... Yeah. Not at all advisable.

In fact, I'm not even sure an application for permanent residence from within Canada would be accepted at this point, given that your visitor status is so long overdue.

You may end up needing to rent an apartment in a border town somewhere and establish residency there. Once you have a rental agreement or something you could come back up pretty easily, given that that constitutes significant ties.

At that point you'd also qualify for outland sponsorship, which is significantly faster! This is actually exactly what I'm doing right now, minus the overstaying for 2 years, haha. I do have an Allowed To Leave on my record, which is not nice and every immigration officer I see reminds me of it. It's a residency requirement, though, not a physical presence requirement, so I still spend all of my time in Montreal, and visit my (mostly) empty apartment for mail once every couple of weeks.

 

[scylla]

Is there any other way I can obtain status without having to leave Canada?

No - unfortunately there isn't. If you want to adjust your status - you would have to leave Canada.

Agreed that outland may be the better option for you.

 

[Ponga]

In fact, I'm not even sure an application for permanent residence from within Canada would be accepted at this point, given that your visitor status is so long overdue.

It would be accepted, since those without status are still eligible to apply via an Inland application. CIC changed the language in the Inland guide last September, stating that those who wish to apply must have legal status to be eligible, but apparently that has not gone into effect yet.

I agree that an Outland application is a better choice, but it would likely mean that the OP would need to voluntarily leave Canada before s/he is removed by CBSA, since there seems to be no protection from removal (unlike an Inland application). Even then, an Inland application doesn't absolutely guarantee that the person would not be removed.

Time really is the enemy for the OP!

 

[deweysmith]

Regaining residency status in the U.S. really isn't too difficult, especially not time-wise. I showed up at the border the day I signed a rental agreement on an apartment in upstate New York and that was enough for the officer. It's costly, but doesn't take any time.

It would certainly be the way to go if you want to get legal work status quickly, especially with the uptick in speed Ottawa seems to have going for it right now.

 

[Ponga]

Regaining residency status in the U.S. really isn't too difficult, especially not time-wise. I showed up at the border the day I signed a rental agreement on an apartment in upstate New York and that was enough for the officer. It's costly, but doesn't take any time.

It would certainly be the way to go if you want to get legal work status quickly, especially with the uptick in speed Ottawa seems to have going for it right now.

Agreed, but even that doesn't guarantee re-entry. It is solely the discretion of the Border Services Officer, that the OP would encounter, as to whether or not that `quickie' rental would pacify their concerns about another overstay. Perhaps you were one of the lucky ones...or hadn't overstayed for 2 years prior.

 

[Rob_TO]

What I would do is to submit an OUTLAND application right away. Then leave Canada back to the US, and then at some point try to re-enter Canada again. There is a chance that CBSA will not even be aware of your overstay since they haven't always tracked exit records that well. Plus with a PR app already in progress, CBSA is known to be more lenient on travelers.

The risk is they do notice your huge overstay (which they can find out if they dig), and despite PR app still deny you entry. Then you will need to live in USA until your PR app can be completed.

Second option is to try submitting an outland app and then continue to stay in Canada, and hope no interview in the USA is required. ANd also hope you are one of the US citizens who is processed in the 6-8 months time (though not sure how the overstay will affect processing time, if any).

Third option is to do the INLAND app, and basically stay in Canada for 26 months straight, with no OWP until after your AIP (16 months)..

 

[deweysmith]

What I would do is to submit an OUTLAND application right away. Then leave Canada back to the US, and then at some point try to re-enter Canada again. There is a chance that CBSA will not even be aware of your overstay since they haven't always tracked exit records that well. Plus with a PR app already in progress, CBSA is known to be more lenient on travelers.

This is the best advice I think, and what I was trying to say, effectively. If no one digs, no one will find out you overstayed. Make it a point to stay in Canada for 1-2 weeks at a time and flagpole frequently to your new "residence" in the states. You needn't stay more than a few hours, honestly, because, again, it takes some digging to find your exit history. I flagpole weekly and they've only pulled my exit history (U.S. entrance history) twice in the last 8 months. You'll build up a good reputation and BSOs will not hesitate to let you in, and your overstay will have far fewer consequences.

This is essentially exactly what I've been doing for the last 8 months or so. My application has only been filed since March, and it's In Process already, probably because of the HUGE number of interactions I've had with CBSA in the last year.

 

[SchnookoLoly]

FWIW I agree with the above two posts. Outland, now.