From ip08 document (Appendix H) that outlines the `public policy' that allows those with `Lack of Status' to remain in Canada during sponsorship application processing:
F. ADMINISTRATIVE DEFERRAL OF REMOVAL
The Canada Border Services Agency has agreed to grant a temporary administrative deferral of removal to applicants who qualify under this public policy.
*(Understood, which was why I/we applied Inland versus Outland)*
Individuals should keep copies of their application forms, fee remittances and mail receipt as applicable, as proof they have filed an application. Such proof in no way guarantees the grant of a deferral of removal (where relevant) however.
*(Understood, but a bit apprehensive)*
Where the deferral period applies, CIC will make best efforts to process spousal sponsorship cases to a step-one decision within 60-day period. (A step-one decision occurs after CIC has received an application which contains evidence that the applicant is married or in a common-law relationship with an eligible sponsor, is living with that sponsor and that the sponsorship submitted is a valid one.). After a positive step-one decision, the R233 stay will be invoked until such time as CIC makes a final decision on whether to grant permanent residence. More details on the regulatory stay are found below.
*(So...does that mean that it's possible for an out of status Inland applicant to receive AIP and OWP 60 days after AOR)?* If so, I imagine that this would upset most Inland applicants that are NOT out of status. :'(
Regulatory Stay of Removal
The regulatory stay outlined in R233 will apply to cases considered under the public policy after a positive "step one" or "approval in principle" decision has been made under the regular procedures for the Spouse or Common-law Partner class.
This regulatory stay applies to removal orders if the Minister is of the opinion under subsection 25(1) of the Act that H&C or public policy considerations exist. For cases considered under the public policy, once a positive step one decision is made under the regular procedures for the class (i.e., CIC has received an application which contains evidence that the applicant is married or in a common-law relationship with an eligible sponsor, is living with that sponsor and that the sponsorship submitted is a valid one), an R233 stay will be invoked and will remain in place until a decision on whether to grant permanent residence is made.
F. ADMINISTRATIVE DEFERRAL OF REMOVAL
The Canada Border Services Agency has agreed to grant a temporary administrative deferral of removal to applicants who qualify under this public policy.
*(Understood, which was why I/we applied Inland versus Outland)*
Individuals should keep copies of their application forms, fee remittances and mail receipt as applicable, as proof they have filed an application. Such proof in no way guarantees the grant of a deferral of removal (where relevant) however.
*(Understood, but a bit apprehensive)*
Where the deferral period applies, CIC will make best efforts to process spousal sponsorship cases to a step-one decision within 60-day period. (A step-one decision occurs after CIC has received an application which contains evidence that the applicant is married or in a common-law relationship with an eligible sponsor, is living with that sponsor and that the sponsorship submitted is a valid one.). After a positive step-one decision, the R233 stay will be invoked until such time as CIC makes a final decision on whether to grant permanent residence. More details on the regulatory stay are found below.
*(So...does that mean that it's possible for an out of status Inland applicant to receive AIP and OWP 60 days after AOR)?* If so, I imagine that this would upset most Inland applicants that are NOT out of status. :'(
Regulatory Stay of Removal
The regulatory stay outlined in R233 will apply to cases considered under the public policy after a positive "step one" or "approval in principle" decision has been made under the regular procedures for the Spouse or Common-law Partner class.
This regulatory stay applies to removal orders if the Minister is of the opinion under subsection 25(1) of the Act that H&C or public policy considerations exist. For cases considered under the public policy, once a positive step one decision is made under the regular procedures for the class (i.e., CIC has received an application which contains evidence that the applicant is married or in a common-law relationship with an eligible sponsor, is living with that sponsor and that the sponsorship submitted is a valid one), an R233 stay will be invoked and will remain in place until a decision on whether to grant permanent residence is made.
