Implied status question

[bbarker]

Hello,

I am in great need of advice. I sponsored my American common-law partner and the application was marked received on February 13th (in-land applicant, common-law Family class PR). It was returned today :-( saying that I didn't submit my 2017 notice of assessment - which I did, it was the second page on the top of the returned application. However, it was double sided and Line 150 was on the backside and highlighted and I'm guessing they didn't bother looking on the other side... FFfffff ugh. So I guess I resubmit with my notice of assessment on two pages, highlighted and bolded.

But more importantly, I have three questions:
1. If the original OWP he was on last year has since expired (end of February 2019), is he still on implied status if the application has been returned to me - i.e., can he continue to legally work? Further, if I resubmit, can I resubmit as an in-land applicant if he now longer has a valid permit for being in Canada?

2. In the letter telling me we've been kicked out of the queue for processing and why, it has confusingly highlighted that they've updated the checklist to make it easier to use and understand. "As of February 14th 2018 you will require this new checklist... which is designated "(06-2018)" in the corner." That IS the checklist I submitted under but NOW on the IRCC website there is a Feb 2019 document checklist and a couple of the forms have been updated. Maybe that's what they are getting at? That I need to resubmit with the 2019 forms and it was a typo (that was highlighted by an IRCC agent... yay govt).

3. Lastly, that same letter says "the schedule A-background/declaration (IMM5669) form and police certificate(s) are required upfront." Well that's not true by my read, even the new 2019 checklist says "if you have lived in Canada for the last six month [which he has]... police certificates for Canada are not required at this time. IRCC will make a request for your Canadian police certificates on your behalf. Check here if this applies to you." ---I checked that and submitted the FBI Identity History Summary that Americans have to submit.

So I have NO idea what to do or resubmit. Please please please help me.. I've called an immigration lawyer as well. Thank you in advance

 

[zardoz]

Hello,

I am in great need of advice. I sponsored my American common-law partner and the application was marked received on February 13th (in-land applicant, common-law Family class PR). It was returned today :-( saying that I didn't submit my 2017 notice of assessment - which I did, it was the second page on the top of the returned application. However, it was double sided and Line 150 was on the backside and highlighted and I'm guessing they didn't bother looking on the other side... FFfffff ugh. So I guess I resubmit with my notice of assessment on two pages, highlighted and bolded.

But more importantly, I have three questions:
1. If the original OWP he was on last year has since expired (end of February 2019), is he still on implied status if the application has been returned to me - i.e., can he continue to legally work? Further, if I resubmit, can I resubmit as an in-land applicant if he now longer has a valid permit for being in Canada?

2. In the letter telling me we've been kicked out of the queue for processing and why, it has confusingly highlighted that they've updated the checklist to make it easier to use and understand. "As of February 14th 2018 you will require this new checklist... which is designated "(06-2018)" in the corner." That IS the checklist I submitted under but NOW on the IRCC website there is a Feb 2019 document checklist and a couple of the forms have been updated. Maybe that's what they are getting at? That I need to resubmit with the 2019 forms and it was a typo (that was highlighted by an IRCC agent... yay govt).

3. Lastly, that same letter says "the schedule A-background/declaration (IMM5669) form and police certificate(s) are required upfront." Well that's not true by my read, even the new 2019 checklist says "if you have lived in Canada for the last six month [which he has]... police certificates for Canada are not required at this time. IRCC will make a request for your Canadian police certificates on your behalf. Check here if this applies to you." ---I checked that and submitted the FBI Identity History Summary that Americans have to submit.

So I have NO idea what to do or resubmit. Please please please help me.. I've called an immigration lawyer as well. Thank you in advance

In answer to your basic question. Implied status is considered to have never existed if an application is returned as "incomplete".

 

[np08]

No need to panic and definitely no need to waste money on lawyers.

Implied status no longer applies as the application was returned, but an inland application can be made all the same. Valid status isn't necessary for the PR application, only the OWP one.

Always send the latest updated forms.

Since Canadian police checks aren't required upfront, the instruction refers to police checks from other countries. In the past, all of the police checks (Canadian and otherwise, from countries the PA has been in for 6 months or more) were requested later. Then they changed it so they have to be sent upfront.

 

[bbarker]

No need to panic and definitely no need to waste money on lawyers.

Implied status no longer applies as the application was returned, but an inland application can be made all the same. Valid status isn't necessary for the PR application, only the OWP one.

Always send the latest updated forms.

Since Canadian police checks aren't required upfront, the instruction refers to police checks from other countries. In the past, all of the police checks (Canadian and otherwise, from countries the PA has been in for 6 months or more) were requested later. Then they changed it so they have to be sent upfront.

Thank you so much for the quick and comprehensive reply!! Ok, then does he have to stop working? And if yes, do I have to restore his status before I can resubmit the OWP (the OWP app was submitted with the PR app). Thanks again!

 

[zardoz]

Thank you so much for the quick and comprehensive reply!! Ok, then does he have to stop working? And if yes, do I have to restore his status before I can resubmit the OWP (the OWP app was submitted with the PR app). Thanks again!

Yes, and yes. If he's out of status, the OWP application will not be actioned until much later on in the process.

 

[bbarker]

Yes, and yes. If he's out of status, the OWP application will not be actioned until much later on in the process.

Ouch, ok thank you - can I resubmit the PR app and the OWP app with the restoration of status app? Or should I do it sequentially and restore his status first and then resubmit? Any idea about how long you think it would be until his OWP is processed if I submit everything by next week? Sorry for the barrage of questions but we really can't afford him to stop working, he's talking about going back to the States to work until it's approved :-(

 

[np08]

Ouch, ok thank you - can I resubmit the PR app and the OWP app with the restoration of status app? Or should I do it sequentially and restore his status first and then resubmit? Any idea about how long you think it would be until his OWP is processed if I submit everything by next week? Sorry for the barrage of questions but we really can't afford him to stop working, he's talking about going back to the States to work until it's approved :-(

If he goes back to the States, you will fail the basic requirement of inland sponsorship - living together in Canada during processing. If it's absolutely imperative he goes back and works there, then it'll be easier and faster to cancel the inland app and just apply outland. Americans are processed much faster outland than people from other countries (6 months or so).

 

[Jazzercise]

Ouch, ok thank you - can I resubmit the PR app and the OWP app with the restoration of status app? Or should I do it sequentially and restore his status first and then resubmit? Any idea about how long you think it would be until his OWP is processed if I submit everything by next week? Sorry for the barrage of questions but we really can't afford him to stop working, he's talking about going back to the States to work until it's approved :-(

Keep in mind that a condition of inland apps is that the principal applicant must live in Canada with the sponsor, so your partner going back to the US to work isn't really an option. If still persuing the inland route: (Re-)submit your apps -- using the new forms -- and prepare for your partner to be without work for a minimum of 3-4 months, probably a bit longer. Also, keep your money and don't bother with a lawyer since the reasons for the return of your application were straightforward.

Edit: I see np08 beat me to pointing out the issue with the PA going back to the US with an inland app.

 

[bbarker]

If he goes back to the States, you will fail the basic requirement of inland sponsorship - living together in Canada during processing. If it's absolutely imperative he goes back and works there, then it'll be easier and faster to cancel the inland app and just apply outland. Americans are processed much faster outland than people from other countries (6 months or so).

Right, need to live together - we live in Vancouver and he's from Seattle, so he was thinking he could split his time and pick up some work in Seattle to help cover bills. Thank you for the advice re: outland applications. Really feeling overwhelmed and defeated right now (I'm also defending my PhD tomorrow and got IRCC's rejection in the mail yesterday... of course, sweet timing).

 

[bbarker]

Keep in mind that a condition of inland apps is that the principal applicant must live in Canada with the sponsor, so your partner going back to the US to work isn't really an option. If still persuing the inland route: (Re-)submit your apps -- using the new forms -- and prepare for your partner to be without work for a minimum of 3-4 months, probably a bit longer. Also, keep your money and don't bother with a lawyer since the reasons for the return of your application were straightforward.

Edit: I see np08 beat me to pointing out the issue with the PA going back to the US with an inland app.

Thanks!! No lawyers, check. Appreciate you letting me know the 3-4+ month timeline as well

 

[bbarker]

Keep in mind that a condition of inland apps is that the principal applicant must live in Canada with the sponsor, so your partner going back to the US to work isn't really an option. If still persuing the inland route: (Re-)submit your apps -- using the new forms -- and prepare for your partner to be without work for a minimum of 3-4 months, probably a bit longer. Also, keep your money and don't bother with a lawyer since the reasons for the return of your application were straightforward.

Edit: I see np08 beat me to pointing out the issue with the PA going back to the US with an inland app.

One follow up question - do you know if I can resubmit his PR app with his OWP together or do I need to also submit the restoration of status at the same time. I really appreciate it!!

 

[Jazzercise]

Thanks!! No lawyers, check. Appreciate you letting me know the 3-4+ month timeline as well

The 3-4 months is from the date of reception for persons in status, which is why I said your partner should expect to not have an OWP until a bit later than that if he is in fact submitting a restoration app. If he is not, OWP won't be approved until AIP.

As for outland, keep in mind that your partner would be able to visit you without issue.

Best of luck with the apps and your PhD defense!