Hi Everyone,
I am an international student from Hong Kong, I am married to a Canadian Citizen on October 2009 and gave birth to our son in Canada in November 2009.
I would like to apply PR inland but the problem is my student visa already expired on November 2008, I know applying outland would be better for my situation since I am out of status, but I have a son here that I need to take care of so my husband and I decided to apply PR inland.
Should I apply for TRV or what should I do since I am out of status for almost 2 years???
I'm getting deja vu here, but if your main priority is staying in Canada with your husband and son, inland is a good option, and is allowed even though you're out of status.
I'm pretty sure that a TRV isn't going to help you any and may hinder you.
I don't think it's possible to get back "in status" if you are more than 90 days over.
As matthewc said, filing inland is an option - keeping in mind, depending on where you are located, if the file transfers to a local office, you could be looking at a few years
dacelina Wrote:Hi Everyone,
I am an international student from Hong Kong, I am married to a Canadian Citizen on October 2009 and gave birth to our son in Canada in November 2009.
I would like to apply PR inland but the problem is my student visa already expired on November 2008, I know applying outland would be better for my situation since I am out of status, but I have a son here that I need to take care of so my husband and I decided to apply PR inland.
Should I apply for TRV or what should I do since I am out of status for almost 2 years???
The
inland application process is designed for people in your situation - get your application in ASAP, no excuses. They will not refuse you PR just because you're out of status, although your case probably won't benefit from quick processing in Vegreville - it will most likely be transferred to your local CIC office for processing and, like DerbyGirl says, depending on which local office that is, it could be a couple of years. But, you'll be able to stay in Canada with your husband and son without fear of being deported. That's the protection inherent in the inland process . . . if they start deportation proceedings against you before you get that application in, then you've got problems. You've got an "eligible" relationship to be sponsored - so get this going.
Thanks everyone, but should i apply for TRV to get my legal status while i'm waiting or i should just apply for PR only???
You won't be able to get a TRV - they will refuse you based on the fact that, with a husband and child in Canada, you cannot prove you intend to leave. The only way to get your temporary status back is to apply for PR based on the fact that you have a qualifying relationship and then wait for first stage approval (Approval in Principle). Typically that happens about 6-7 months after you submit the PR application, but when someone is out of status they normally end up with their application being transferred for processing,
before AIP, to the CIC office closest to their residence. If your local office is extremely busy, you might wait for up to two years just to get AIP and your new temporary status document (include an
open work permit application with the PR application). But with a child in the mix, it's probably a better option than going home and waiting there. Do keep in mind that if you apply inland, you can't go home until the process is finished. If you do, and you're not given a new TRV to come back to Canada, you forfeit your inland PR ap. Also, the inland process has no right of appeal, so if there is any reason at all (criminal inadmissibility or the chance that they will decide you only married to stay in Canada) that your application is likely to be refused, you might reconsider inland, and instead look into your options for applying outland. Hong Kong is currently finalizing spousal PR aps in 8-14 months.
Where are you in Canada? We can at least tell you whether your local office is one of the ones known to have a long processing time.
I definitely agree with RobsLuv's recommendation. Get an inland PR application + OWP in asap.
However, the only way to get back into status in your situation is to complete the inland PR application. Technically, AIP and the open work permit doesn't get you back into status if you're out of status when you apply. It does let you work though, and they won't remove you from Canada with an inland application in progress, so it's almost as good as temporary status for most intents and purposes.
How fast are the offices in NS for Inland?
Tiggy Wrote:How fast are the offices in NS for Inland?
Do you mean local offices in NS? If your case has been transferred to a local office in NS, you should contact the Call Centre and ask about the processing timeline for that particular office. If your case hasn't been transferred, it would be being processed in Vegreville where all inland aps start.
ALL inland applications go through Vegreville, Alberta.
Doesn't matter where you are located unless the application is transferred to a local office (not desirable)
Tiggy Wrote:How fast are the offices in NS for Inland?
Hi, I came to Canada with a work visa for a year but my employer sold his company 5 months later and left me without a job. I have not been working now for 4 months and my visa expires in 3 months. I just wonder how am I consider right now? illegal or out of status? please help..
Hi
(10-14-2011 07:38 PM)latino25 Wrote: [ -> ]Hi, I came to Canada with a work visa for a year but my employer sold his company 5 months later and left me without a job. I have not been working now for 4 months and my visa expires in 3 months. I just wonder how am I consider right now? illegal or out of status? please help..
You are still in status, as long as you aren't working for anyone else.
I came on work visa for a year, 5 months later the company was sold. Im married to a Canadian and she will be sponsoring me soon. as Iam in temporary unemployed foreign worker status Im thinking to apply for EI. can that be an excuse for immigration Canada to refuse our sponsorship application?