Student Visa Expired and want to apply for PR inland because I have a son..help

[dacelina]

Hello Everyone,

Please Help me out here!!

I am an international student from Hong Kong and my husband is a Canadian Citizen and we have a son who born here.
We got married last year and would like to apply for PR, but my student visa expired since November 2008.

We would like to apply my PR inland since I have a son to take care of. I am just wondering what should I do? Should I apply for TRV or what should I worry about??

 

[matthewc]

If remaining in Canada to care for your son is your main priority, then the inland PR application is well suited to your situation. You are allowed to apply inland even if you are out of status (visa expired). There are a few drawbacks to inland. First, you should not leave Canada during processing after you submit an inland application. If you leave, you may not be allowed back in, and then your PR application would be refused. Second, it takes longer than the overseas route. Third, there is no right of appeal if your application is refused. However, it does allow you to remain in Canada and secure permanent status, and if staying in Canada together with your son and husband is your top priority, then it is a good option.

The application package is here:

http://www.cic.gc.ca/english/information/applications/spouse.asp

Since you can submit that application out of status, you do not need to apply for a TRV. However, you can apply for a work permit, as long as you submit the work permit together (in the same envelope) with the PR application. The work permit will be processed once your inland application reaches first-stage approval ("approval in principle") usually about 6 months after you submit it. You will then be allowed to work until they complete the processing and grant your PR status. The application for the work permit is this one:

http://www.cic.gc.ca/english/information/applications/extend-worker.asp

On that application, just apply for a new work permit (box C). Don't apply for restoration of status as it's too late for that.

Remember to send both together, in the same envelope.