Apply Now Without Criminal Record Or Wait For It?

[Legoman Rob]

Hello everyone!

My American wife is living with me now in Canada on a visitor visa which expires June 4th 2022.

We have paid our spousal sponsorship fees and very close to submitting everything.

There is a hold-up on her American background check.

Would it be better to submit our application now with an explanation of the issue for her background check (it's being resolved it just might take some time).

Or should we wait until it is resolved... it will be getting quite close to June 4th 2022.

Want her to be able to continue staying in Canada.

 

[YVR123]

I assum that you are going to submit paper based inland application with OWP. Because that's the only way that her visitor status will become implied (except if the application is returned as incomplete).

I think currently, you cannot submit OWP with online application until you get AOR.

And just the inland spousal sponsorship do not give her implied status. It's the OWP application that will give her implied status.
Regardless of the US criminal record, I think she should applied to extend her visitor status before her ccurrent stay is up.

 

[Legoman Rob]

I assum that you are going to submit paper based inland application with OWP. Because that's the only way that her visitor status will become implied (except if the application is returned as incomplete).

I think currently, you cannot submit OWP with online application until you get AOR.

And just the inland spousal sponsorship do not give her implied status. It's the OWP application that will give her implied status.
Regardless of the US criminal record, I think she should applied to extend her visitor status before her ccurrent stay is up.

Ok so it sounds like this might be the best plan:

1) applying for vistor status extension
2) Submit inland paper based application with OWP with explanation about background check
3) Update application with OWP ASAP

Does that make sense?

 

[YVR123]

Ok so it sounds like this might be the best plan:

1) applying for vistor status extension
2) Submit inland paper based application with OWP with explanation about background check
3) Update application with OWP ASAP

Does that make sense?

1) sounds good.

The rest I will wait for others to reply. I don't know if not inlcuding background check (if it's on the checklist) will result in return of your application (and it takes months for it to be returned).

And until AOR (where you get an application number and in general takes 3 months+), you cannot update your application because you cannot link it to your sent application.

 

[Underhill]

Ok so it sounds like this might be the best plan:

1) applying for vistor status extension
2) Submit inland paper based application with OWP with explanation about background check
3) Update application with OWP ASAP

Does that make sense?

The thing to keep in mind is that a PR application is a legal document. This is the main reason why there are so many stories here in this forum about numerous applications returned for seemingly minor things.

However, sometimes applications aren't returned even with major docs missing. Ultimately it's up to the IRCC agent who first opens your application.

Either way it can create long delays in the processing of your application.

As a former applicant who's application was both returned for a missing doc, and then later paused with a request for an additional missing doc (a doc that they forgot to mention as missing when they returned the application the first time) I strongly suggest:

1) Apply for a visitor record (extension)
2) Obtain the BG check as quickly as humanly possible
3) Submit the PR & OWP applications when you have all required documents in-hand

The IRCC is currently drowning in PR applications, and they're all overworked and overwhelmed - the more you can do to make their jobs easier the faster your application will be processed.

 

[armoured]

2) Submit inland paper based application with OWP with explanation about background check

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/immigration-applicants.html

"If you apply, you still need to submit a complete application. This means you must include all the supporting documents we ask for. If you can’t get a document because it’s delayed due to the COVID-19 pandemic, you can send proof that you’re trying to get it (like a receipt). Include a letter to tell us why you don’t have the document and when you’ll get it. Send us the document as soon as you have it to avoid more delays."

As far as i can see this covid info is still in effect. So submit with proof that you applied for the background check document and then send when you get it.