sponsoring an out of status student permit holder

[apropo10]

I'm being sponsored for common law, inland (my country requires a visa to enter canada). I am an out of status student permit holder (8 months overstay). To date, I have not received CBSA enforcement notices.
i will be submitting the application in 2 months (i have proof that we have lived together for 13 months).


I decided not to renew my study permit, because I withdrew from my program, with the school's consent. my transcripts would have given proof for the v.o. to deny an extension, so I decided to not to apply for extension.

What type of issues / problems, if any, should I expect from the visa officer if he sees my application? Do you think the new regulations on study permit holders will have a negative impact on my application?

 

[screech339]

Because you did not leave Canada at end of your study visa, it will definitely impact your PR common law application. While you can be "out of status" while PR application is in process, it doesn't stop CBSA from coming over to you and issue you deportation notice. CIC and CBSA are two different organization that work independently from each other.

Common law PR application tends to be put under closer examination and with your "out of status" in Canada, it raised a red flag there. CIC could suspect that you entered common law and apply for PR to avoid being deported.

Because you have been out of status for longer than 90 days, you can't even apply for restoration of status at all. My advice is this, once you submitted your PR application, lie low below the radar so that CBSA won't notice you much.

Do expect your PR application to be processed longer than normal circumstances since you have a red flag of being out of status.

 

[Ponga]

Since the In-Canada (Inland) guide states that an applicant does not need to maintain legal status to apply...how is that an automatic red flag?

I agree that the OP's application may take a bit more time to process, but is his/her non-status truly a red flag?

 

[truesmile]

Just because it is "not needed" to maintain legal status, it doesn't mean that it's not a 'red flag'. Of course it will draw 'extra' attention (and that's all a red flag is).

 

[steerpike]

Since the In-Canada (Inland) guide states that an applicant does not need to maintain legal status to apply...how is that an automatic red flag?

I agree that the OP's application may take a bit more time to process, but is his/her non-status truly a red flag?

It's not much of a red flag. Lots of inland applicants go out of status.

The Op should make sure he/she includes an OWP in the app. Then he/she will only be out of status for stage 1.

 

[scylla]

Since the In-Canada (Inland) guide states that an applicant does not need to maintain legal status to apply...how is that an automatic red flag?

I agree that the OP's application may take a bit more time to process, but is his/her non-status truly a red flag?

The "flag" concern is that CIC has recently announced that they will be taking a much harder line with students who stop studying but remain in Canada and may start actively targetting them for removal from Canada:

http://www.cic.gc.ca/english/study/study-changes.asp

If the OP stopped studying 8 months ago and is still 2 months away from filing the application - there is some concern CIC may start proceedings against them before the application is filed.

 

[Ponga]

It's not much of a red flag. Lots of inland applicants go out of status.

The Op should make sure he/she includes an OWP in the app. Then he/she will only be out of status for stage 1.

I agree. While not an ideal situation, it may not be that much of a red flag...more like a pink post-it note. LOL!

The OWP doesn't do anything to restore the status after AIP, so the OP will be out of status until s/he receives PR. The only thing that AIP offers, is relief from CBSA.