Staying In Canada, Once EXTERNAL PR Has Been Submitted

[stephanielarkin]

My Boyfriend is looking to attain his permanent residency here in Canada, he is an Irish citizen. We are looking for the best possible option to do so. He has been here on a two year working holiday visa from September 1st 2013 until August 31st, 2015, therefore he currently holds no status in Canada as his visa has expired and he did not gain a visitors pass. We have been dating since 2011, living together since September 2013, so apply for common law. We spoke with an immigration lawyer who said it will take a year to get his PR and we should apply externally, which would mean he has to leave, but I can stay here . I am wondering, if we go this root would he be able to apply and stay here anyways would they know the difference?

Any other suggestions on what we should do would be much appreciated. We don't want to be away from each other for a year!!

Also, applying externally from Ireland does it really take a year?!?!

 

[pfse]

My Boyfriend is looking to attain his permanent residency here in Canada, he is an Irish citizen. We are looking for the best possible option to do so. He has been here on a two year working holiday visa from September 1st 2013 until August 31st, 2015, therefore he currently holds no status in Canada as his visa has expired and he did not gain a visitors pass. We have been dating since 2011, living together since September 2013, so apply for common law. We spoke with an immigration lawyer who said it will take a year to get his PR and we should apply externally, which would mean he has to leave, but I can stay here . I am wondering, if we go this root would he be able to apply and stay here anyways would they know the difference?

Any other suggestions on what we should do would be much appreciated. We don't want to be away from each other for a year!!

Also, applying externally from Ireland does it really take a year?!?!

The best solution for him is to go back home and fill the PR application from there. He is already overstayed and if CIC issue deportation order against him, he can be permanently banned from entering Canada. For sure CIC will find out about his location. One of the question in the application is about his current Country of residence. If he lie about that he will commit misrepresentation which is, again, followed by 5-year ban from entering Canada.

 

[Ponga]

A Deportation Order would not be likely.

Some people have been successful in submitting an Outland application from within Canada, without having legal status, while some have been told to leave Canada. This is NOT a Deportation Order. Normally, a person can submit an Outland application and still remain in Canada. All that they need to do is extend their status, but...those without status obviously cannot do that.

A Deportation Order is the last resort, if a person does not leave voluntarily if they are told to do so. Those people are usually given 30 days to voluntarily leave...if they don't, a Removal Order is issued and are sometimes also issued an Exclusion Order as well, barring them from returning to Canada for 1 year (or more). Those that ignore the RO, may then be served with a Deportation Order...which is never a good thing!

Many people in Canada without status, submit an Inland application. There is a public policy from February 2005 that allows a person without status to apply for spousal sponsorship. While there is a risk that a person would be removed from Canada, the overwhelming majority are [apparently] allowed to remain. However, there are no guarantees. The Inland process takes over 2 years...and it's a living hell, especially for a person without status. They wouldn't be eligible for a work permit (OWP) for ~ 17 months.

I suggest the OP start a thread (or at least read through some of the similar threads) in the Family Class forum, to hear from others that are in, or have been in, a similar situation.