Where does it state on the Outland application

[jsrnm]

P

 

[screech339]

I have looked through the Outland application and I don't see where it states to maintain legal status. Can anyone see that it does. Going ahead with Outland while out of status

The outland application assume you are NOT in Canada so any note about having to maintain legal status in Canada is pointless. While you can apply outland, you are required to maintain legal status while in Canada if you want to stay in Canada without being deported.

Keep in mind, you are sending a red flag to CIC that you are in Canada illegally while applying outland. CIC/CBSA does not have to "not deport" you out of courtesy because you applied "inland". They can still deport you and nothing you can say can change their mind since you cannot use "I applied for PR outland application" excuse to stay.

 

[Ponga]

I have looked through the Outland application and I don't see where it states to maintain legal status. Can anyone see that it does. Going ahead with Outland while out of status

The ONLY place where this was ever mentioned, was in the guide for an In-Canada sponsorship (Inland), but even that has now been removed (as of late September, 2014). No idea why, but CIC has intentionally removed the old language that once allowed a person to apply (regardless of status) as long as they have an eligible sponsor.

Personally, I'd be very reluctant to submit an Outland application if you are out of status. Even if it were [technically] allowed, (which there hasn't been anyone posting concrete evidence that it is), what happens if your application is NOT processed in Ottawa (if you're an American, for example). If the outland application is processed elsewhere and the processing time turns out to be longer than an Inland application...you're now out of status for a very long time...without a clear answer on even if it's allowed!

 

[screech339]

Thank you screech339. It doesn't say it on the inland either now.

Actually the guide for inland states this:

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.

Important information: Applicants who wish to be able to continue to work and study in Canada must submit an application for extension before the work or study permit expires.

This is the only time it is mentioned about legal status in Canada in the inland sponsorship guide.

 

[screech339]

I am from the UK. So I think the best way to do this would take a trip home fix my overstay apply and try return right?

I think that is your best option. Assuming CSBA doesn't catch you on your overstay and prevent you from re-entering Canada.

 

[screech339]

Yes screech339 it changed to that in September now iam very unsure what to do.

You are in a "damn if you do, damn if you don't" situation. If you really want to get PR while being out of status, you are best to apply inland and stay below CIC/CBSA's radar.

 

[screech339]

Does CBSA have the info that's on the application

Since CBSA doesn't record exit control, CBSA can and does get entrance records from UK. Canada may see that you haven't actually entered UK and assume you were here the whole time. It is a risk to take. Leave Canada and re-enter.

 

[screech339]

How can u stay under the radar if it clearly states on the application that I am here

You stay under the radar by staying out of trouble. No speeding tickets, no DUIs, no arrest or trouble with the law. CBSA are more interested in going after illegals who continue to cause trouble with the law.

 

[Ponga]

How can u stay under the radar if it clearly states on the application that I am here

It is believed that CIC/CBSA will still allow a person without status to submit an Inland application and remain in Canada. Nobody (including at least one immigration lawyer) seems to know WHY the inland guide was changed. The fact that ip08 (the Inland Processing manual) has not been updated to reflect this change, only adds to this `mystery'.

It's possible that CIC will be making this change soon and that the instruction guide is merely the first step in their process.

 

[screech339]

I only take my 4 year old to school and back that's it. I don't drive I don't drink. I pretty much do nothing except be a mum to my son. I didn't mean to stay but I did.

Then you should be fine if you applied "inland" and remain out of status. If in the event CBSA comes knocking on your door, you show them proof of submitting "inland" PR application. They usually back off then and concentrate on other illegal possible trouble makers.

 

[Ponga]

When you think about it...it's only fair that a person without status should not benefit from an expedited process of their PR application (by submitting Outland). Perhaps this is a penalty, of sorts, for those that have...by having to endure the `tortoise lane' in the race to PR! LOL!

Having said that...if CBSA does find out that a person has submitted an inland application and is out of status, they can request CIC to expedite the processing of the application to reach a positive stage 1 (AIP), to satisfy their requirement to not remove the person. That doesn't mean that anyone that applies, and is out of status, will receive such a gift from CIC. This is why the old language (that was in the inland guide) stated that "...a person without status can still be removed from Canada at any time."

IMHO, I agree with screech; you should stay put and submit an Inland application. It's possible (although perhaps not probable) that you could be denied re-entry into Canada, if you leave now.

 

[Ponga]

Actually the guide for inland states this:

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.

Important information: Applicants who wish to be able to continue to work and study in Canada must submit an application for extension before the work or study permit expires.

This is the only time it is mentioned about legal status in Canada in the inland sponsorship guide.

BEFORE update In-Canada guide:

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 no longer required to have legal immigration status provided that they have an eligible sponsor. All other eligibility requirements continue to apply.

Important information. Applicants who wish to be able to continue to work and study in Canada must submit an application for extension before the work or study permit expires.

AFTER updated In-Canada guide:

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.

Important information. Applicants who wish to be able to continue to work and study in Canada must submit an application for extension before the work or study permit expires.

 

[Ponga]

That's the problem! Nobody seems to know!

Until there is an update to the actual Immigration and Refugee Protection Act, where those without status HAVE been eligible to apply [since implementing the `Public Policy' in Febrary 2005], it will remain yet another mystery with CIC.

It's strange that the guide was changed, but not the inland processing manual ( ip08) that is actually used to process an application!



FWIW, one member here contacted an immigration lawyer and was told that there has NOT been any changes to the Inland qualifications.

*shrug*

 

[Ponga]

There has always been a requirement to have legal status to apply, but the `Public Policy' of Feb 2005 allowed those without status to apply with an Inland application:

(this is from ip08):

Legal status in Canada

The current Regulations require that to be eligible for the spouse or common-law partner in Canada class, the applicant have temporary legal status in Canada. However, under the spousal policy, persons who are otherwise eligible for consideration under this class (and who are not inadmissible for reasons other than “lack of status”) including those who have applied for consideration on H&C grounds and submitted a sponsorship, may have this requirement waived.

This does not mean however that there is no longer any requirement to have legal status in Canada. Persons who wish to study or work in Canada must still seek to obtain and maintain the required permits. Applicants who do not have legal status in Canada may be removed from Canada at any time.

Other than for lack of status, applicants must not be in any other violation of the Act or Regulations or be subject to a removal order.


But, again...it's a mystery as to why CIC has made the change to the Inland Guide (only).

 

[Ponga]

It was me that spoke to the lawyer ponga and this week I may go to an appointment but it's $100. But it maybe worth it to find out for sure

Ah...I just saw that [again], but...you posted that on October 30th! You should do something soon!!