Hi All,
I realize that a person who is has an expired visa can submit an inland spousal PR application. The CIC guides make it clear that "out of status" foreign nationals fall under this policy.
How about a foreign national who never had status in the first place? (For example, a foreign national who hides in a transport truck and gets into Canada.) This person I believe is classified as illegal and NOT as "out of stauts" so as such, the "out of status" policy does not apply?
Another scenario: How about a foreign national who uses a fake passport to enter Canada?
PS: I am guessing that the fake passport answer is a "no" since the foreign national engaged in misrepresentation but I am still unsure as to the answer of the first question...
Regards,
ed..
There isn't really "illegal" vs. "out of status", there is in status and out of status, and varying degrees of consequence depending on how and why you're out of status.
If a person is in Canada without status they can apply under the inland class, including the person who hid in the transport truck. Deliberate misrepresentation is a no.
See OP08 section 5.27:
http://www.cic.gc.ca/english/resources/m...08-eng.pdf
Hi,
Wow! Thanks for the quick reply. I guess when in doubt, always turn to the operational manuals for the definitive answer.
Very interesting. I'm guessing that even if I used a fake passport to get into the country, it would be in my best interest to lie and say that I was on that transport truck.
Doesn't really make any sense as to why the treatment is different yet the end result is the same: You are still in Canada with no status.
Regards,
ed...
Looking at it again, I'm not entirely sure how to read that part about fake passports. There's a lot of "and"s in the paragraph, which seems to imply that if you enter with a fake passport, don't surrender it, but don't use it to gain temporary or permanent status, you might be ok. I'm not sure how you be out of status because you entered using a fake passport, but not have used it to gain temporary status.
Anyway, it's a bit academic, as I'm guessing the vast majority of the time the public policy is used by those who've just let their status lapse. Simple overstay. It's designed to allow someone who hops the border, then genuinely ends up in a relationship with a Canadian to normalise their status too though, which make sense.
Hi All,
Yes. the "ands" make it confusing under the section of fake passports.
Correct me if I am wrong but it is my understanding (after reading the blub in the manual) that if I came via fake passport and surrendered my fake passport, I COULD submit an inland spousal application?
On a side note, of course, by surrendering the fake passport, that would alert CBSA and a deporation would be imminant and that would defeat the purpose of an inland spousal application.
As such, it may be advisable to surrender the fake passport AFTER I mail in the inland application?
Regards,
ed..
I think you're splitting hairs. Getting into a situation with a fake passport = very very bad idea.
Since a spouse can always be sponsored from outside Canada, I can't imagine a situation where one would need to deliberately try to gain entry to Canada improperly in order to take advantage of the inland application process. That would be nuts.
Hi All,
Yes. I fully agree; entering with an fake passport is a very bad idea.
That being said, the reality is that many FNs do enter with fake passports with no initial intention of getting married. These folks stay here for many years working illegally and eventually fall in love.
I am just wondering if the policy covers these people of not? But I probably just answered my own question with my previous post...
Regards,
ed...