PLEASE HELP, need advice deciding between inland/outland pr sponsorship

[Torn]

Hi All,

I have found myself in a weird immigration situation that I really need advice on! I really hope you all can shed some light. Here's my situation: I had a post grad work permit that I applied to extend not knowing extending those wasn't an option, so that was denied. Within the 90 days needed to restore, I applied for a new work permit, this was also denied due to the fact that I didn't have an LMO as I am in independent contractor.I received the refusal letter 2 weeks ago and I am still in Canada but out of status.

My common law partner and I are now trying to decide on sponsorship. Does anyone have experience with applying for PR in Canada while out of status? Legally you can apply while out of status but I'm just not sure how well it bodes or what our chances are. Do we have a shot going this route?

If we do pursue it inland and it's denied, what are my chances of coming back to Canada? Will it be harder to get visitor or student or outland pr after having stayed here out of status for so long while waiting for inland pr decision?

HELP!

 

[Ponga]

Re: HELP deciding between inland/outland pr sponsorship

Hi All,

I have found myself in a weird immigration situation that I really need advice on! I really hope you all can shed some light. Here's my situation: I had a post grad work permit that I applied to extend not knowing extending those wasn't an option, so that was denied. Within the 90 days needed to restore, I applied for a new work permit, this was also denied due to the fact that I didn't have an LMO as I am in independent contractor.I received the refusal letter 2 weeks ago and I am still in Canada but out of status.

My common law partner and I are now trying to decide on sponsorship. Does anyone have experience with applying for PR in Canada while out of status? Legally you can apply while out of status but I'm just not sure how well it bodes or what our chances are. Do we have a shot going this route?

If we do pursue it inland and it's denied, what are my chances of coming back to Canada? Will it be harder to get visitor or student or outland pr after having stayed here out of status for so long while waiting for inland pr decision?

HELP!

Hmmm...I can certainly understand your dilemma.

Did your refusal letter tell you that you must leave Canada immediately? Have you received anything in the mail eluding to this?


As you might know, you can in fact apply for In-Canada Sponsorship (Inland application) regardless of your immigration status, but...that does not guarantee that you will be permitted to remain in Canada while your application is being processed. Prior to November 2011, there was an administrative deferral of removal in place by the CBSA that would allow you to remain, pending the review of your application. Now...it's anyone's guess as to what happens and when/how.

Your immigration status, or lack thereof, will have no impact on your application as it is no longer a reason for refusal (as of Feb 2005).

If your Inland application is denied, you would have to leave Canada. Your chances of re-entry would be `iffy' at best, IMHO, within the first year. You could then re-apply with an Outland application, so long as you resolved the reasons for your denial of your Inland application.

Realizing that it will likely take you a month (or more) to gather everything that you will need for a solid, complete application package...you might consider going home and filing an Outland application. But, if you absolutely want to stay together...start the process ASAP as time could be your enemy right now.

Good luck!

 

[steerpike]

CIC and CBSA operate fairly independantly of each other.

CIC will be happy to process your application and wont hold it agaisnt you that you are out of status. Being out-of status isnt a big "red flag" as far as I understand it. (although your recent failed visa attempts might be a red flag that makes it seem like you may be applying common-law primarily as a way to get a PR, rather than primarily because you want to be with your partner. But you will just have to put together a very good application that shows your case well. )

CBSA , however, does indeed care about your status and doesnt care if CIC is processing your sponsorship or not. If you fly under the radar for 1.5-2 years for the sponsorship PR to come thru, then you are in the clear. But CBSA pretty much has the right to deport you at anytime if you are out of status. Usually they dont, but it does happen. If you did get deported you would have to leave immediately and your Inalnd sponsorship app would be invalid. You would have to start all over again with an Outland app. If you leave when they tell you too you wont be issued an exclusion order so you would be able to come back.

Also because you are out of status, you cant work or study until you get to stage 2 (AIP) which right now is estimated to take 8 months.

So if you can survive not working for 8 months (and realistically, plan for 12 months. ) then you could take the chance and apply Inland. But it might be faster and less risky to apply outland.

 

[Ponga]

Great info there steerpike.

I had heard (or perhaps read) that once the applicant's sponsor has been approved (AIP), which currently takes ~ 8 months to obtain, they are, in essence `in the clear' with CBSA until a final decision is made on the application.

 

[Ponga]

Here's a positive experience where the applicant was out of status (8 months) and has now received DM on her PR:
http://www.canadavisa.com/canada-immigration-discussion-board/-t188443.0.html;msg2953653#msg2953653