****MAY 2019 Inland Spousal PR + OWP****

[Jnicole45]

Few questions to this crew.

My US-citizen wife's application was received on May 6 but still no AOR (85 days ).
She landed in Canada as a visitor in January and thus has likely overstayed here visitor's visa.
We also planned a trip for Aug 23 to the US with re-entry to Canada on Sep 3.

Questions:

• How can we renew her visitor's visa? Should we?
• Once we receive her AOR, is it easy enough to re-enter Canada with dual-intent?
• If we don't receive her AOR, is it possible to re-enter with dual-intent?

Apply for a visitor record so she can try to extend her stay. They might reject it if she's overstayed, but no harm in trying. Likely, she'll have to leave Canada until the end of the year, when her ability to return to Canada resets (the Visa-free entry for US citizens is 180 days in a calendar year so the clock resets at the start of a new year).

At this point, it's unlikely she'd be able to reenter Canada after your trip if she's already overstayed unless you apply for and are granted an extension (visitor record). Unfortunately, since having applied for PR (even once you've received an AOR) doesnt give you implied status to remain in the country while you wait for a decision, this will likely effect your PR application (as your spouse has to maintain legal status in Canada for an inland application). If you can, consider contacting an immigration lawyer for better advice. I'm only going off what I've been told by CBSA officers and what I've read on the CIC website.

Sorry to be the bearer of bad news :/

 

[Jiotr]

Apply for a visitor record so she can try to extend her stay. They might reject it if she's overstayed, but no harm in trying. Likely, she'll have to leave Canada until the end of the year, when her ability to return to Canada resets (the Visa-free entry for US citizens is 180 days in a calendar year so the clock resets at the start of a new year).

At this point, it's unlikely she'd be able to reenter Canada after your trip if she's already overstayed unless you apply for and are granted an extension (visitor record). Unfortunately, since having applied for PR (even once you've received an AOR) doesnt give you implied status to remain in the country while you wait for a decision, this will likely effect your PR application (as your spouse has to maintain legal status in Canada for an inland application). If you can, consider contacting an immigration lawyer for better advice. I'm only going off what I've been told by CBSA officers and what I've read on the CIC website.

Sorry to be the bearer of bad news :/

I'd been advised that technically someone has implied status once application is submitted (unless of course, it is returned), please advise what is your source of information in regards to when someone officially has "implied status". Also, in this case, I believe they would need a visitor VISA extension because visitor record is if someone does not plan to leave Canada while the application is being processed, visa may be necessary to re-enter the country.

I am not 100% sure, just information I was given.

 

[Jnicole45]

I'd been advised that technically someone has implied status once application is submitted (unless of course, it is returned), please advise what is your source of information in regards to when someone officially has "implied status". Also, in this case, I believe they would need a visitor VISA extension because visitor record is if someone does not plan to leave Canada while the application is being processed, visa may be necessary to re-enter the country.

I am not 100% sure, just information I was given.

Part of the conditions for applying inland is that your spouse must maintain legal status in Canada while they wait for a decision (source) meaning they do not have implied status. Only certain applications (TRV, Visitor Record, Work and Study Permit extensions) give you implied status while you wait for a decision, Sponsorship/PR isn't one. Since the US is visa exempt, there isn't a visa to extend, hence the visitor record (and if you have a visitor record and a valid travel document, you should be able to leave and reenter canada as long as it's before the end date of the extension, as verified with a CBSA officer last time I crossed back into Canada). I don't actually know if you can get a visa at all due to the US being visa exempt, but I have heard of people being granted a TRV/visitor record at the border in cases like theirs

 

[Merrygoddard]

Anyone have an average idea on How long it takes a sent back OWP to get approved? (Edmonton office)
Thanks in advance.

 

[Michyap]

I received my aor july 18th. I hope mine comes very soon. I am pregnant and i am in need of ohip just in case anythng happens. Congratulations!!!

I am in exact situation. waiting for OWP right now. You can't apply OHIP till you have Approval in Principle ( AIP).

 

[nng1206]

Does anyone know if your application gets returned what happens with the fees you paid? I am planning to resend my PR and OWP applications tomorrow but I just read somewhere online that if your application gets returned to you, they refund your fees within 6 weeks. Does this mean that you have to pay new fees when you resubmit your Application or can I just submit the old receipts from last time? . I’m so confused any help would be appreciated.

 

[harsimrankaur24]

Does anyone know if your application gets returned what happens with the fees you paid? I am planning to resend my PR and OWP applications tomorrow but I just read somewhere online that if your application gets returned to you, they refund your fees within 6 weeks. Does this mean that you have to pay new fees when you resubmit your Application or can I just submit the old receipts from last time? . I’m so confused any help would be appreciated.

Hi ,

When you submitted your application and when you got back?

 

[nng1206]

Hi ,

When you submitted your application and when you got back?

I submitted the application on 30th May 2019 and it was returned to me on 26th July 2019. I am planning to resubmit it tomorrow (31st July 2019) but I haven’t paid the fees again or anything. I was just going to include the old receipts of payment. Is this ok?

 

[YVR123]

I received my aor july 18th. I hope mine comes very soon. I am pregnant and i am in need of ohip just in case anythng happens. Congratulations!!!

I think you also need to be employed full time for OHIP under OWP.

 

[Jnicole45]

About payments, I resubmitted mine without paying again (used the same receipts) and now it's in process, so I assume that it's a case of if you don't resubmit then they refund you? I imagine they'll let you know if they issue you a refund.

 

[akhil923]

Received AOR today
App sent May 16th.

 

[Eheheh]

I am in exact situation. waiting for OWP right now. You can't apply OHIP till you have Approval in Principle ( AIP).

Ive read some posts on this website as long as theres an employer that will hire u full time. Not too sure about this tho.

 

[Eheheh]

I think you also need to be employed full time for OHIP under OWP.

Thats right. Thats what ive read here on this site. Also i was on pgwp before my husband sponsored me. My status expired and had to extend my stay as a tourist visa.

 

[harsimrankaur24]

I submitted the application on 30th May 2019 and it was returned to me on 26th July 2019. I am planning to resubmit it tomorrow (31st July 2019) but I haven’t paid the fees again or anything. I was just going to include the old receipts of payment. Is this ok?

It is completly ok to attach old receipt.

I have submitted mt application on 3rd may and ircc call center people told me that my file is returned on 10th july however i have not received my file till date .i dont know what to do

 

[nng1206]

It is completly ok to attach old receipt.

I have submitted mt application on 3rd may and ircc call center people told me that my file is returned on 10th july however i have not received my file till date .i dont know what to do

Do IRCC have any tracking information for the package? They must have some way to tell you where it is because they can’t just send your personal data in the mail and not know where it is. What did they say when you called them?