Hi, my name is Rick and me and my wife have been dating for over 2 years travelling both back and forth together from between here and mexico and recently got married on September 8th 2014 while she still had valid visitor status here due to expire on October 16th 2014. We submitted an inland application for sponsorship of a spouse along with the right to permanent residence (both fees included) which was received by CIC on October 10th 2014, 2 days before her visa expired. When doing our research for the application we asked if she would need to extend her visitor visa during the application process and we we're told it wasn't necessary as her sponsorship application gave her an "implied status" while we waited for her PR. I made SURE this was clear since she has never stayed longer than her visas. In January, we we're "visited" by CBSA officials at our home and asked to come in for an interview. She was given an order of exclusion and told to buy a plane ticket for April 21st 2015 and said by CBSA that they would contact CIC to further advance our application in order to have a chance at overwriting the order of exclusion. I was called by CIC telling me that the case had been opened and they sent me information via email to go ahead and apply for the Certificat de Sélection du Québec with the MIDI since we live in Québec but that CIC needs the answer within 30 days. the application from Québec was sent back to us cause was missing one signature (a big costly mistake) but is now back in their office and being processed. We fear though, that we might not have enough time to get the answer back from Québec to provide CIC with its answer and them to give us ours before the 21st of April (today is march 27th) on the application. What happens after they accept it? does the exclusion get automatically overwritten? We're extremely nervous and confused as to what to expect. I'm falling off the rocker trying to cope with all this stress of the possibility of being seperated from the woman i love. any help would be appreciated! thanks
SPOUSE HAD VISITOR STATUS WHEN SUBMITTED SPONSORSHIP, EXCLUSION ORDER??
- Thread starter RickAnonymous
- Start date
rhcohen2014
VIP Member
- Apr 6, 2014
- 185
- Category........
- Visa Office......
- Ottawa
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- March 17, 2014
- Doc's Request.
- April 11, 2014
- AOR Received.
- May 8, 2014
- File Transfer...
- May 9, 2014
- Med's Request
- upfront
- Med's Done....
- Nov 15, 2013
- Interview........
- waived
- Passport Req..
- July 15, 2014
- VISA ISSUED...
- July 25, 2014/ received August 1, 2014
- LANDED..........
- August 29, 2014
did your wife include an open work permit application with her pr application? if not, then unfortunately, your assumption that she had implied status is wrong. sending in a PR application ALONE does not grant implied status. Implied status is given when an OWP application is submitted ALONG with the pr application.
As for the exclusion order, i'm not sure anyone here can tell you what is going to happen, because it's going to be dependant on the CBSA officer who is handling the case and your specific circumstances. what we've seen on this form with other people in your position is that generally CBSA works with CIC to expedite the first stage approval of the inland application so that the person can stay in canada. will this happen in your case? again, we can't tell you that. it will depend on how the officer feels about your situation and what they wish to do with your case.
As for the exclusion order, i'm not sure anyone here can tell you what is going to happen, because it's going to be dependant on the CBSA officer who is handling the case and your specific circumstances. what we've seen on this form with other people in your position is that generally CBSA works with CIC to expedite the first stage approval of the inland application so that the person can stay in canada. will this happen in your case? again, we can't tell you that. it will depend on how the officer feels about your situation and what they wish to do with your case.
An Inland spousal sponsorship application, alone, does NOT give the applicant implied status. Either an Open Work Permit, or Study Permit MUST be included with the Inland application to give the implied status (as long as the applicant is in status when the application(s) are received by CIC.
Fortunately, CBSA has the right to `request' that CIC expedite the application to reach a positive stage 1 approval (known as AIP), but they do not always do this. You are very lucky that they did!
Since you had to re-submit the form that was missing the signature, there's really no way of knowing if CIC will meet the CBSA deadline. She should be prepared to leave Canada on April 21st UNLESS she hears otherwise by CBSA. If she stays beyond that date, the exclusion order could become something much worse.
I sincerely hope that CIC expedites her application!
Good luck!
Fortunately, CBSA has the right to `request' that CIC expedite the application to reach a positive stage 1 approval (known as AIP), but they do not always do this. You are very lucky that they did!
Since you had to re-submit the form that was missing the signature, there's really no way of knowing if CIC will meet the CBSA deadline. She should be prepared to leave Canada on April 21st UNLESS she hears otherwise by CBSA. If she stays beyond that date, the exclusion order could become something much worse.
I sincerely hope that CIC expedites her application!
Good luck!
John013
Hero Member
- Jun 17, 2017
- 115
- Category........
- FAM
- Visa Office......
- Vienna
- App. Filed.......
- 29-05-2017
- AOR Received.
- 27-06-2017
- File Transfer...
- 03-07-2017
- Med's Request
- 02-11-2017
- Med's Done....
- 06-11-2017
- VISA ISSUED...
- 31-08-2018
- LANDED..........
- 06-10-2018
You should cancel your inland application and reapply outland, there is no way your inland application will ever get approved. I went through the same thing so believe me I know, its not easy but its the only way.
John013
Hero Member
- Jun 17, 2017
- 115
- Category........
- FAM
- Visa Office......
- Vienna
- App. Filed.......
- 29-05-2017
- AOR Received.
- 27-06-2017
- File Transfer...
- 03-07-2017
- Med's Request
- 02-11-2017
- Med's Done....
- 06-11-2017
- VISA ISSUED...
- 31-08-2018
- LANDED..........
- 06-10-2018
Chances of getting an ARC approved are slim, unless you apply outland and they tell you to apply for an ARC as part of the outland sponsorship application. When i received an exclusion order for 1 year i went back to my country and applied outland, after a year my exclusion order was done and i applied for an ETA and got that so i travelled up and down until my sponsorship was approved. I imagine you could stay in Canada again as a visitor after a year to wait for your outland to finish processing. If outland is processed before the exclusion is done they will ask you to apply for an ARC and you will probably be able to ome back to Canada sooner. Anyway, being under an exclusion order will already delay your outland so be ready to just sit yout exclusion out for now, just apply outland as soon as possible and get that ball rolling.
John013
Hero Member
- Jun 17, 2017
- 115
- Category........
- FAM
- Visa Office......
- Vienna
- App. Filed.......
- 29-05-2017
- AOR Received.
- 27-06-2017
- File Transfer...
- 03-07-2017
- Med's Request
- 02-11-2017
- Med's Done....
- 06-11-2017
- VISA ISSUED...
- 31-08-2018
- LANDED..........
- 06-10-2018
Hi guys , how are you? I am new to this forum. I have a question, but before my question here is some insight on my situation. I am a July 2018 outside comman law sponsorship applicant .My application has bin processed and forwarded to the Trinidad port of Spain Visa Office. I have done my medical s and biometric and also they have requested a copy of my passport.
I have an exclusion order and would like to know, when I can apply for the ARC?