Two questions about sponsorship

[ilovemygf]

1: I'm out of status for 2+ years and my passport would expire if me and my girlfriend apply for sponsorship now. These are the only two issues we're having. If the application gets rejected do I risk a deportation order, or is a departure order more likely?

2: If I get approved in principle would I have valid status again?

Thanks

 

[d_j_heckford]

You being illegal in itself in Canada will disqualify you from sponsorship. You will get rejected just on those grounds and if you were to leave canada you would more likely to be barred from coming back for a long time, and even any attempt to enter will put doubts in the cbsa's minds of you being an over stayer once again. You shot yourself in the foot right there for not leaving. so the answer is no you will not gain status back again.

 

[scylla]

You being illegal in itself in Canada will disqualify you from sponsorship. You will get rejected just on those grounds and if you were to leave canada you would more likely to be barred from coming back for a long time, and even any attempt to enter will put doubts in the cbsa's minds of you being an over stayer once again. You shot yourself in the foot right there for not leaving. so the answer is no you will not gain status back again.

Lots of bad advice here. Being out of status doesn't prevent someone from being sponsored. Canada does not automatically issue bans for overstays.

 

[d_j_heckford]

Rules in canada are very strict these days, being an overstayer for that length of time is going to be heavily frowned upon and not go in his favor whatsoever. You gotta play by the rules . They aren't just gonna be all ' yeah you stayed over 2 years don't worry about it', he's likely to receive a ban of entry for breaking the laws.

 

[ilovemygf]

There are stories where people overstayed for 10+ years and they still got approved, such as:

I can tell you from my experience, as long as you have no other issues your overstay should be ok. In my case I overstayed nearly eleven years, 5 of them married to my Canadian born husband. I was completely honest in my application listing the Canadian addresses we lived at during that time and the Canadian schools my children attended. In my case there were no negative implications and it took 3 months from start to finish. Every case is different obviously, but don't be afraid of filing your app. Best wishes!

Granted, that's from 2010... The only reason why we didn't sponsor me sooner was because we prioritized her family, while the IP08 documents mentions that under the spousal policy you don't need valid status.

 

[yata520]

Rules in canada are very strict these days, being an overstayer for that length of time is going to be heavily frowned upon and not go in his favor whatsoever. You gotta play by the rules . They aren't just gonna be all ' yeah you stayed over 2 years don't worry about it', he's likely to receive a ban of entry for breaking the laws.

I was out of status for 16years i still get my PR.

 

[ilovemygf]

When did you get your PR ? Also you had a valid passport? I need valid status to request a new passport at the embassy, which is why I'm asking if my status will be restored if I get approved in principle. All I want in this life is to be with my amazing girlfriend...

 

[Ponga]

Lots of bad advice here. Being out of status doesn't prevent someone from being sponsored. Canada does not automatically issue bans for overstays.

But nobody has been able to explain why CIC changed the language in the Inland Guide last September, that now says that legal status is required:

Maintaining legal status

Spouses and common law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are required to have legal immigration status in order to qualify under the Spouse or Common-law partner in Canada class.

The Inland Guide was updated again on March 1, 2015 and this language remains, so...what does that tell a person that has yet to apply?

 

[Ponga]

When did you get your PR ? Also you had a valid passport? I need valid status to request a new passport at the embassy, which is why I'm asking if my status will be restored if I get approved in principle.

AFAIK, your status will not be restored with AIP. I believe you must wait until you are granted PR to have legal status (or leave Canada and successfully return).

 

[ilovemygf]

AFAIK, your status will not be restored with AIP. I believe you must wait until you are granted PR to have legal status (or leave Canada and successfully return).

If that's true, I won't have a valid passport to request a police certificate, so I won't be able to be sponsored. If I return to my home country and renew my passport could I come back in 6 months, marry my girlfriend and apply for PR?

 

[Ponga]

If that's true, I won't have a valid passport to request a police certificate, so I won't be able to be sponsored. If I return to my home country, could I come back in 6 months, marry my girlfriend and apply for PR?

Why not get married before you return to your home country...then apply for PR via an Outland application? Most countries seem to have faster processing times than Inland anyway.

No need to waste 6 months, when your application can be submitted as soon as you are married, unless you are not ready to get married.

 

[ilovemygf]

Why not get married before you return to your home country...then apply for PR via an Outland application? Most countries seem to have faster processing times than Inland anyway.

No need to waste 6 months, when your application can be submitted as soon as you are married, unless you are not ready to get married.

I'm ready to get married however before I can get a marriage certificate the marriage license has to be forwarded to the Office of the Registrar General to be registered, which takes 10 weeks. My passport will expire next month .

 

[Jonesy319]

I'm ready to get married however before I can get a marriage certificate the marriage license has to be forwarded to the Office of the Registrar General to be registered, which takes 10 weeks. My passport will expire next month .

I may be missing something here...Which country are you from originally and is there a reason you cannot renew your passport whilst still in Canada?

I am from the UK: I renewed my UK passport whilst living in Canada and I am about to renew my Canadian passport whilst living in the UK.

Apologies if I have missed a major piece of information
Jonesy

 

[ilovemygf]

I may be missing something here...Which country are you from originally and is there a reason you cannot renew your passport whilst still in Canada?

I am from the UK: I renewed my UK passport whilst living in Canada and I am about to renew my Canadian passport whilst living in the UK.

Apologies if I have missed a major piece of information
Jonesy

I'm from the Netherlands. On the website of the Dutch embassy in Canada is says the following:

Proof of valid status in country of application:

- Valid visa ( and supporting forms); or

- Valid residence card; or

And

- Passport(s) all foreign nationality(ies) even if expired and other documents showing how and when you obtained the other nationality (e.g. original or legalized naturalization certificate, birth certificate, birth abroad certificate).

 

[Jonesy319]

I'm from the Netherlands. On the website of the Dutch embassy in Canada is says the following:

This is still not very clear to me. If you are from the Netherlands what other proof of valid status do you need besides a birth certificate or does the question of 'valid status in country of application' mean Canada? which you don't have but seems not to be an issue.

You have your Dutch passport even if it's about to expire - so why can't you renew your Dutch passport in Canada if you don't want to risk sending it off and leaving you passportless in Canada?

Jonesy