Scared and confused.

[Ponga]

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.

According to a very senior member [computergeek] CIC will not accept an Outland application if the person is in Canada, without status...which seems only fair.

 

[Ponga]

You have a very difficult decision to make.

Being denied entry when you come back to Canada would be bad enough, but add to that the real possibility of being issued an exclusion order, if CBSA is aware of your current overstay. This would ban you from Canada for at least 1 year.

Imagine the heartbreak of having your PR application approved and getting your CoPR in the mail...but are unable to come back to Canada to land!

IMHO, your best option is to return to the UK and stay there until you have your CoPR.

Second best option...stay here and apply Inland ASAP and hope you stay under the radar.

Good luck!

 

[Rob_TO]

According to a very senior member [computergeek] CIC will not accept an Outland application if the person is in Canada, without status...which seems only fair.

Good to know, i've never heard of or read about that condition before. I just thought it would be a bad idea in general, since it would quickly make CBSA aware of your current status and invite them to start removal proceedings.

 

[Ponga]

Good to know, i've never heard of or read about that condition before. I just thought it would be a bad idea in general, since it would quickly make CBSA aware of your current status and invite them to start removal proceedings.

Agreed.

It really does make sense, since [most] everyone in Canada without status would be submitting Outland applications.

 

[Ponga]

After re-reading your first post, it looks like you are NOT married. If you are in a common-law relationship with your Canadian partner and your are denied re-entry, that could impact your relationship [eligibility to have applied as a common-law couple], since you would no longer be living together...which is the most important part of a C-L sponsorship.

Common-law couples can be apart for a `short time', without it impacting their application, but you may have a very different situation.

 

[Rob_TO]

After re-reading your first post, it looks like you are NOT married. If you are in a common-law relationship with your Canadian partner and your are denied re-entry, that could impact your relationship [eligibility to have applied as a common-law couple], since you would no longer be living together...which is the most important part of a C-L sponsorship.

Common-law couples can be apart for a `short time', without it impacting their application, but you may have a very different situation.

It's actually quite common for a couple to establish common-law, and then the sponsor lives in Canada while applicant lives in their home country during the entire processing time. Usually this is due to visa reasons. So at least they shouldn't need to worry there, assuming of course they have some proofs and evidence that will show 12 months of cohabitation here. Child together should help strengthen the common-law claim.

 

[jsrnm]

Thank you everyone. Its all very overwhelming. I have been living with him basically since i met him. I have a lease that was for one year. The rest with his parents which the landlord is aware i could have him confirm this. We have joint bank accounts etc.,

Since 2008 i have been travelling back and fourth to Canada several times in a year. I have no immigration issues what so ever..

I will be travelling with my son. If i was detained what would they do with him. Maybe best i stay in the UK

 

[Ponga]

I knew that was possible for reasons of employment, for example, but if the OP is unable to return due to violating the terms of her visit (overstaying for ~ 2 years), would CIC still be so understanding?

 

[margobear96]

IMO most of the posters are being unnecessarily pessimistic about your situation. I overstayed by 2 years by the time I applied. I did almost exactly what you're planning on doing. I got my application ready to go and went on vacation to visit my parents in Asia. Husband mailed it while I was out of Canada (and therefore in status at the time of mailing and receipt by CIC). On the way back though, I entered through the land border (I'm a US citizen). My understanding was that it would be much better to have my husband accompany me when talking to CBSA and that the land border folks were more lenient generally than at the airport. I was also nervous about being detained in secondary at the airport with two cranky toddlers. The officer at the booth was very nice when referring me to secondary -- told me to go inside and get a visitor record. The officer inside wasn't talkative at all. Just went in back to check the computer after I told him I had applied for PR. Came back and told me sponsorship was approved and proceeded to give me a visitor record for 1 year before I even asked. Like everybody mentioned, there's no guarantee that you've be allowed to re-enter Canada, but you're applying for permanent residency. The scary news article about a short term visitor who was refused for an earlier overstay is hardly on point.

Some practical points:
You've already procrastinated long enough. For peace of mind get your application in BEFORE you come back from the UK. If you're not married yet, consider getting married. Then you won't have to collect evidence of co-habitation, which you'd have to do if applying common law. (Also, since you were trying to fly under the radar, chances are you actively tried NOT to leave a paper trail, making it harder to prove co-habitation.) The question of fraudulent marriage for immigration purposes is moot -- you already have a child together.

There's no place in the application where you'd have to state that you overstayed. Just enter the dates you entered and left, no commentary. Obviously, if CIC does the math and checks in their computer for any extensions (and finds none), they'll know you overstayed. Just no need to do the work for them or draw attention to it.

In the personal statement part emphasize that you've been living together from [date] and have a child together. There's no need to overdo it on the photographic evidence. I literally sent in 6 pictures -- 3 from our wedding, 3 with our kids (one in the hospital at birth and on each subsequent birthday). I procrastinated in large part because I was overwhelmed by the application and the thought of gathering the evidence. Since we weren't planning to return to Canada when we got married, I didn't keep records of the minutiae, like when my friends met him or phone/email/Skype records or take a gazillion pictures while we were dating. By the time I applied, that kind of beginning of relationship evidence became completely unimportant compared to the years of living together and having kids together for purposes of proving a genuine marriage. (So the procrastination wasn't all bad in the end .)

Don't worry about your kid. If he was born in 2010, what school are you worried about? Preschool? Missing a few months of preschool (or frankly even all of preschool) isn't going to keep him from getting into the college of his dreams. Just worry about getting your immigration situation sorted.

Good luck.

 

[Ponga]

IMO most of the posters are being unnecessarily pessimistic about your situation. Personally, I'm just offering possible scenarios to the OP, not being overly pessimistic. I overstayed by 2 years by the time I applied. I did almost exactly what you're planning on doing. I got my application ready to go and went on vacation to visit my parents in Asia. Husband mailed it while I was out of Canada (and therefore in status at the time of mailing and receipt by CIC).
You were not in status at the time that your application was mailed, because you were NOT in Canada. How can you be in status if you are not in the country?


There's no place in the application where you'd have to state that you overstayed. Just enter the dates you entered and left, no commentary. Obviously, if CIC does the math and checks in their computer for any extensions (and finds none), they'll know you overstayed. Just no need to do the work for them or draw attention to it.

Yes there is. You have to show the status in Canada in at least two places (for example IMM 0008, question 10). The OP would have to select `other', and then type `out of status' in the adjacent box.

Don't worry about your kid. If he was born in 2010, what school are you worried about? Preschool? Missing a few months of preschool (or frankly even all of preschool) isn't going to keep him from getting into the college of his dreams. Just worry about getting your immigration situation sorted.

Excellent advice!
Good luck.

Indeed!

 

[jsrnm]

Thank you margobear. I think i have spoke with you before thank you again for your advice. Make me feel there is a little hope. I will be applying while out of the country not within canada. So i am guessing if i am not in the country status wont matter right?

As for my son i would like to keep him in school as much as i can he has convidence issues and playschool at the moment is really helping him. He enjoys it. I know i may sound silly but i dont want to make my son suffer. I know this is my fault in the first place.

Thank you though this is helping clear things up

 

[Rob_TO]

I overstayed by 2 years by the time I applied. I did almost exactly what you're planning on doing. I got my application ready to go and went on vacation to visit my parents in Asia. Husband mailed it while I was out of Canada (and therefore in status at the time of mailing and receipt by CIC). On the way back though, I entered through the land border (I'm a US citizen). My understanding was that it would be much better to have my husband accompany me when talking to CBSA and that the land border folks were more lenient generally than at the airport. I was also nervous about being detained in secondary at the airport with two cranky toddlers. The officer at the booth was very nice when referring me to secondary -- told me to go inside and get a visitor record. The officer inside wasn't talkative at all. Just went in back to check the computer after I told him I had applied for PR. Came back and told me sponsorship was approved and proceeded to give me a visitor record for 1 year before I even asked. Like everybody mentioned, there's no guarantee that you've be allowed to re-enter Canada, but you're applying for permanent residency. The scary news article about a short term visitor who was refused for an earlier overstay is hardly on point.

It sounds like in your case they weren't aware of your 2-year overstay, since they didn't ask you the reason why you overstayed or really question you about it.

This could be a very different story in any other situation. Using an individual's personal experience on crossing the border, is in no way reflective on what someone else will experience since so much of it is up to the personal discretion of the CBSA officer you happen to encounter. OP needs to be aware of what can (and has) happened to people trying to enter Canada with previous overstay, and be as prepared as possible.

As mentioned, getting the PR app in before returning and having proof of it, should be essential here.

You've already procrastinated long enough. For peace of mind get your application in BEFORE you come back from the UK. If you're not married yet, consider getting married. Then you won't have to collect evidence of co-habitation, which you'd have to do if applying common law. (Also, since you were trying to fly under the radar, chances are you actively tried NOT to leave a paper trail, making it harder to prove co-habitation.) The question of fraudulent marriage for immigration purposes is moot -- you already have a child together.

With what the OP has described, common-law should not be a problem at all to prove.

There's no place in the application where you'd have to state that you overstayed. Just enter the dates you entered and left, no commentary. Obviously, if CIC does the math and checks in their computer for any extensions (and finds none), they'll know you overstayed. Just no need to do the work for them or draw attention to it.

You should read IMM5669E "Background/Declaration" form, question 8 - Personal History. You need to list your places of residence, and most importantly Status in Country. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5669E.pdf

If OP simply puts "visitor" in for their status for her entire time in Canada, that is clear misrepresentation and grounds for PR rejection. Correct way is to put in "visitor" during the time she had actual legal visitor status, and after that ran out put in "no status" or something for the remaining dates.

 

[jsrnm]

Rob the last part makes sense. I wont lie as i dont want to get into trouble at all. I will everything in before returning of course.

 

[Ponga]

Rob the last part makes sense. I wont lie as i dont want to get into trouble at all. I will everything in before returning of course.

Exactly!
(see my previous post in blue)

 

[Rob_TO]

I will be travelling with my son. If i was detained what would they do with him. Maybe best i stay in the UK

I think travelling with your son when returning to Canada will give you the best chance to re-enter successfully. Is your partner traveling with you also?

If you have your son with you, I imagine a CBSA officer could be more sympathetic to your situation. If your partner is not traveling with you, I would make sure he's at least in the airport waiting for you in case CBSA wanted to talk to him, or in a worst possible case scenario he could take your son in case you were detained (hopefully very unlikely).

There is a chance CBSA will not even notice you have a previous overstay, so will just let you in no problem. And if they don't ask, there is no need to volunteer the info. But if they do see it, or if they ask you, you must be honest when answering. It's obvious you didn't overstay to work illegally, and being with your Canadian son hopefully that would be enough reason to allow them to let you enter. Of course this is all just speculation.