Inland Sponsorship Decline

[david_savard]

Hi,

Question:

My inland sponsorship was declined. I received the letter dated the 3rd of June.

I am planning on reapplying from a Calgary as I just moved there from Toronto. I am wondering how much time do I have before being asked to leave the country?

I believe I am currently Out of Status.

Thank you!

 

[Zambezi]

out of status = you cannot apply

That's not true. People have filed successful inland applications while out of status.

 

[david_savard]

Perhaps she is not out of Status. I am not sure what her status is.. She was declined sponsorship, so her status is whatever that means.

 

[lion.com]

Perhaps she is not out of Status. I am not sure what her status is.. She was declined sponsorship, so her status is whatever that means.

If a person don’t have a valid visa it means out of status... reapplying would be good is you overcome the reasons of refusal. It more depends on reasons why you were refused...

 

[david_savard]

She was refused because I work in north of Alberta (Oil company north of alberta) but we lived in Toronto (initially in montreal). My job requires me to stay at work for 2 weeks, and then travel back home and stay at home for 2 weeks. The immigration officer, who is an idiot, thought I was living in Alberta and she was in Toronto and we werent together.

 

[lion.com]

She was refused because I work in north of Alberta (Oil company north of alberta) but we lived in Toronto (initially in montreal). My job requires me to stay at work for 2 weeks, and then travel back home and stay at home for 2 weeks. The immigration officer, who is an idiot, thought I was living in Alberta and she was in Toronto and we werent together.

And what about her dui? Is she admissible right now?

 

[david_savard]

And what about her dui? Is she admissible right now?

I believe you are referring to my other threads.

Was trying to avoid confusing everyone. This thread is about my sister in law - her husband and her asked me to post this thread for them.

Canadian immigration has been hell to deal with for everyone in my family pretty much

So no DUI here.

 

[scylla]

She was refused because I work in north of Alberta (Oil company north of alberta) but we lived in Toronto (initially in montreal). My job requires me to stay at work for 2 weeks, and then travel back home and stay at home for 2 weeks. The immigration officer, who is an idiot, thought I was living in Alberta and she was in Toronto and we werent together.

You need to be living together continuously to qualify to sponsor her inland. This is why the 2 weeks on and off was a problem and you ended up with a refusal. As long as this has changed and you are now living together continuously - applying inland is certainly doable. If you are still in a 2 week on and 2 weeks off situation - apply ouland instead.

As others have said, she can still be sponsored if she has no status in Canada.

As for whether she has status, did you include an OWP with the inland application and was is approved? Does she hold a valid OWP? If so, she has valid status in Canada.

 

[david_savard]

You need to be living together continuously to qualify to sponsor her inland. This is why the 2 weeks on and off was a problem and you ended up with a refusal. As long as this has changed and you are now living together continuously - applying inland is certainly doable. If you are still in a 2 week on and 2 weeks off situation - apply ouland instead.

As others have said, she can still be sponsored if she has no status in Canada.

As for whether she has status, did you include an OWP with the inland application and was is approved? Does she hold a valid OWP? If so, she has valid status in Canada.

Thanks for the details. How much time do we have after the decline to reapply before being forced to leave?

And no our lawyer said not to apply for the OWP.

 

[YVR123]

Thanks for the details. How much time do we have after the decline to reapply before being forced to leave?

And no our lawyer said not to apply for the OWP.

inland application didn't grand her any status. She has been out of status since her previous visitor or work status expired.
She should have extended it or apply OWP when they submitted their inland sponsorship back then.

 

[scylla]

Thanks for the details. How much time do we have after the decline to reapply before being forced to leave?

And no our lawyer said not to apply for the OWP.

She's out status in that case. Massive fail on your lawyer's part - incredibly poor advice.

 

[Bexi15]

We are in the same position as you only we recieved a procedural fairness letter giving us an opportunity to convince them otherwise.
We are married almost 7 years, living in Canada for 6 years now. We live in Alberta and at the time of submitting our application (February)my husband was working a 9 / 5 shift at a camp based job up north. Officer believes my husband has been living there 9 days out of any 2week period so this makes us ineligible.

Our situation did change however as my husband took a job the end of February working in town mostly( we obviously never updated them of this since it's not required to and never expected his job causing this problem), but then that job required 4 shifts out of town. So he was only away a total of 5 times in the last 6 months. So hoping the officer will accept this as reasonable and temporary amounts of time apart.

I'm sorry you had to deal with this also. It's so common for people in certain jobs to have to work in this manner. These camps cannot be considered a residence. They are temporary accommodations. It's so frustrating.

 

[david_savard]

How does being "Out of status" at the moment affect her being in Canada? Is there a chance I will receive a letter asking me to leave? On my Decline letter, it stated clearly that if i wish to reapply, i can do that.

We will be reapplying for Sponsorship any day now.

 

[scylla]

How does being "Out of status" at the moment affect her being in Canada? Is there a chance I will receive a letter asking me to leave? On my Decline letter, it stated clearly that if i wish to reapply, i can do that.

We will be reapplying for Sponsorship any day now.

There's always some chance a person may be ordered to leave if they are out of status in Canada. Submit the new application as soon as you can. This time, make sure you include an OWP as well.

 

[Bexi15]

There's always some chance a person may be ordered to leave if they are out of status in Canada. Submit the new application as soon as you can. This time, make sure you include an OWP as well.

In order to apply for the OWP the PA would need to have a valid status. That would require applying for restoration of status before reapplying no?