Scared and confused.

[jsrnm]

Hi please any one who can give me information would greatly be appreciated. I am british and my partner is Canadian. We met while i was on a working visa along with my parents. We met while working together. We were friends at first then we fell in love and soon after i was pregnant with our son. He was born in Canada in 2010. After he was born my parents moved back to the UK. My visa was about to expire a few months later so i decided to back home also. From 2010 to 2012 i travelled back and forth many many times also he came ti the UK in order to keep our relationship alive and our family together. In the summer of 2012 i came to Canada and i still here to this day. I couldn't leave. I didn't want to. I have never worked here illegal and i pay my own health insurance. I know this is wrong. Our son is in school and i live each day afraid. I am planning my trip back to the Uk in december. I will putting my outland application in Asap while there. Please can anyone tell me the problems i may cone across trying to come back while my application is in process. My son has to return to school i am afraid i have seriously messed this up.

Thank you

 

[jsrnm]

Anyone ?

 

[jenny12345]

If you are not married your partner can sponsor you as common law you just have to give proof such as lease, statutory documents etc. that you lived continuously for a year. Send pictures together of your trips etc. If your partner is not on bankruptcy, have no criminal record and not on social assistance, you should be fine. You could wait in the UK till your sponsorship is finished. I don't think they will let you back in before you get sponsorship approval. You can also apply outland while in Canada, although if they would require an interview, it will be in the UK.

 

[Rob_TO]

In the summer of 2012 i came to Canada and i still here to this day. I couldn't leave. I didn't want to. I have never worked here illegal and i pay my own health insurance. I know this is wrong. Our son is in school and i live each day afraid. I am planning my trip back to the Uk in december. I will putting my outland application in Asap while there. Please can anyone tell me the problems i may cone across trying to come back while my application is in process.

Assuming you entered in summer 2012 with a 6-month visitor status, and did not apply for any extensions or leave/re-enter Canada via the US at any time, that's around 18+ months you have now been here illegally. So if you return to UK, the problem you face when coming back to Canada with PR app already in progress, is CBSA will see your 18 month overstay and use that as grounds to simply deny you entry and put you on next flight back to UK. 18 months is a long time. You must also include the details of this overstay in your PR app, although it shouldn't affect getting approved for PR.

Your only chance upon re-entering Canada is to hope you get a very sympathetic CBSA officer. Would be good if you can find other people's experiences of visa-exempt travelers trying to enter Canada with previous overstays.

 

[basketballfan]

So therefore better to file an outland application. If you are refused re-entry due to your overstay than at least your app can continue to move forward...

 

[Ponga]

The first and perhaps the most important thing that you MUST realize, is that you are not alone. There are many people in Canada that have been here, without status for a lot longer!

While an overstay is certainly a serious matter, the fact that you have not [yet] been issued a Removal Order is a good thing. There is a chance that CBSA will be aware of this when you leave Canada, or more importantly when you attempt to re-enter Canada. It's also possible, that you are not on their radar...yet.

Your other option, although perhaps not the most ideal, would be to remain in Canada and file an Inland application ASAP. You would need to remain in Canada, since leaving and being denied re-entry would kill the application. While you do not need legal status to apply, there is no guarantee that you would not be removed. Without knowing more about your previous experiences with CBSA, if any, it's impossible to take a guess.

Yes, the processing time is longer, but is it more important to stay in Canada, `no matter what'...or to go back to the UK for a few months and hope you can `come home'?

Good luck!

 

[jsrnm]

Thank you everone for there response. This is what i was afraid. I know its very unlikely i would allowed back in. I have had no trouble what so ever with immigration within canada. We have all the evidence we need to proceed with application, can i do an outland application while being in canada illegally? I feel very alone sorry to say. Whats the timeline for these applications outland ???

Thank u again

 

[jsrnm]

Is there anyway to find out if i am on the radar as i would rather leave than be told to leave.

 

[Rob_TO]

Is there anyway to find out if i am on the radar as i would rather leave than be told to leave.

I don't think so, as calling CBSA to ask if you are on their radar... will just put you on their radar if you weren't there before!

You can submit an outland app while overstaying here, but remember you will need to disclose in the app you are currently in Canada illegally. And once the VO reviewing your file sees this, they could alert CBSA.

If CBSA decided to deport you with an outland app in progress, the outland app would continue. HOWEVER I think it could get very complicated if they also give you an exclusion order/1-year ban from Canada, as you would then need to overcome that before getting your PR approved.

A typical timeline for outland app through the London office is very quick - probably around 8 months. However your app would NOT be "typical" so you can expect some longer delays.

 

[jsrnm]

No i have consulted an attorny yet. I know i have done wrong. I just want correct this and be able to live a normal life. My son is in school i now may have to take him out as i know now i wont be able to return in time. Thank you rob i thought the application would be quicker considering we have a son and been together for quite some time.

 

[Rob_TO]

Thank you rob i thought the application would be quicker considering we have a son and been together for quite some time.

Normally yes that would be the case. But your very long overstay may complicate your processing.

 

[jsrnm]

Thank you rob :

 

[jsrnm]

Sorry rob i have another question. If i return home in december as planned and return to canada a few weeks later without putting in my outland application to correct my overstay. Then while in canada apply ? Sorry i am just thinking of my sons school ?

 

[Rob_TO]

Sorry rob i have another question. If i return home in december as planned and return to canada a few weeks later without putting in my outland application to correct my overstay. Then while in canada apply ? Sorry i am just thinking of my sons school ?

You could do that, but only if CBSA actually lets you back into Canada as a visitor. There is a chance you could be denied entry and sent right back to UK. It's impossible to say since it's completely up to the CBSA officer you encounter, and who knows what they will do. You have to hope to get one sympathetic to your situation and the fact you have a child here, but that has not always stopped CBSA from deporting people in the past.

Even if you are allowed in, it may be under stricter conditions or a shorter visitor status, in which case CBSA will follow up on your case. So even if you get an app sent in, there is still a chance if your new visitor status runs out before it's completed and they won't let you extend it, you would need to return to UK until PR is approved.

 

[rhcohen2014]

if you plan to leave and return, definitely make sure your application has been mailed in before returning. it's even better if you mail it in enough time to get sponsor approval before returning. You can certainly mail in an outland application while still in canada.

While there is still the chance of being denied re-entry, in my experience as a visa expempt applicant who has had previous issues with border control, they are more likely to be happy with you when they can confirm your application has been received. more likely than not, their system won't be able to determine this until AFTER receiving sponsor approval on an outland application.

If your apllication is submitted, and you are still waiting for sponsor approval, be sure to bring a copy of EVERYTHING to ensure border security you understand and know the rules, and intend to follow them now. As rob said, there is no guarantee on re-entry until you actually get to the airport and meet the border agent. Having a pr application in process will certainly help your case more than NOT having it in.