do we need to restore the status?

[shawmao]

Hello,

We finally sent out the in-land common law partner sponsorship today.
However, my partner's status expired at """"today""""" as well.
It is our fault that we fail to prepare the document in time.
Wondering if my partner needs to restore his status now? or is any other suggestions for him to legally stay in Canada while waiting for his open work permit application sent with the sponsorship application?

Thanks!!!!

 

[Rob_TO]

Hello,

We finally sent out the in-land common law partner sponsorship today.
However, my partner's status expired at """"today""""" as well.
It is our fault that we fail to prepare the document in time.
Wondering if my partner needs to restore his status now? or is any other suggestions for him to legally stay in Canada while waiting for his open work permit application sent with the sponsorship application?

Thanks!!!!

You may have a big problem. I beleive "implied" status begins when CPC-M receives the app, not when you mail it. So if they get the app tomorrow it will have been received when he's officially out of status. If this happens the OWP may be rejected since he was not in status when app was received.

If they receive the app today (if you used same-day delivery), then you may be ok.

Either way I would consider applying for extension/restoration of status immediately just to be safe.

 

[Jeffuk88]

You may have a big problem. I beleive "implied" status begins when CPC-M receives the app, not when you mail it. So if they get the app tomorrow it will have been received when he's officially out of status. If this happens the OWP may be rejected since he was not in status when app was received.

If they receive the app today (if you used same-day delivery), then you may be ok.

Either way I would consider applying for extension/restoration of status immediately just to be safe.

Is it from recieved date as stated by when they signed for the package or the date you get acknowledgement through mycic?

 

[Rob_TO]

Is it from recieved date as stated by when they signed for the package or the date you get acknowledgement through mycic?

Pretty sure it's when they sign for the package.

 

[canuck_in_uk]

Hello,

We finally sent out the in-land common law partner sponsorship today.
However, my partner's status expired at """"today""""" as well.
It is our fault that we fail to prepare the document in time.
Wondering if my partner needs to restore his status now? or is any other suggestions for him to legally stay in Canada while waiting for his open work permit application sent with the sponsorship application?

Thanks!!!!

Status expires at midnight. Apply online ASAP for a visitor extension.

 

[shawmao]

Thanks for all the info!!
We just applied for the visitor extension....hope CIC will approve in time.
Just wondering,
When CIC get open work permit application, it will assume my partner's status is expired.
How can we fix this? Should we send the visa extension application receipt to CIC as soon as possible?
Or should we wait for CIC's approval for visitor extension, that might be 1 or 1.5 month later, and then send its final decision to supplement our application for OWP and common-law partner application?
Thank you very much!!

 

[Slow Alien]

You may have a big problem. I beleive "implied" status begins when CPC-M receives the app, not when you mail it. So if they get the app tomorrow it will have been received when he's officially out of status. If this happens the OWP may be rejected since he was not in status when app was received.

If they receive the app today (if you used same-day delivery), then you may be ok.

Either way I would consider applying for extension/restoration of status immediately just to be safe.

Hey Rob_To:

I need help from you.

My visa expired on May-15, and just send my sponsorship and OWP application on May-15 (it's not same-day delivery).
And I applied for my Visa extension before midnight May-15, but I got an email from CIC said they received my application at 00:52 AM May-16.
Should I restore my status ???

Beside that I had read some article said it should be fine, so I'm confused now.
http://www.canadavisa.com/canada-immigration-discussion-board/threads/do-we-need-to-restore-the-status.493720/

Would you please let me know where it said 「"implied" status begins when CPC-M receives the app」.
Really appreciated!!

Definition of "Implied status" from CIC:
If a visitor, student or foreign worker applies to extend their status, before that status expires, they can legally remain in Canada until a decision is made on the application. In this situation, the person has implied status.
http://www.cic.gc.ca/english/helpcentre/glossary.asp#implied_status

Note: The child must meet the requirement on the day the Case Processing Centre receives your complete application. Even if they have reached the age of 19, children falling under type 1 must not be married or be involved in a common-law relationship when the visa is issued and when they enter Canada.
http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

 

[Jeffuk88]

How do you apply on implied status? Where it asks for document number... implied status has no number except your application number and when do you put the expiry of your status?

 

[Slow Alien]

How do you apply on implied status? Where it asks for document number... implied status has no number except your application number and when do you put the expiry of your status?

I applied visitor extension online through Mycic. Sorry I didn't get rest of your questions mean,would u explain more to me. Really appreciated !!

 

[Slow Alien]

I applied visitor extension online through Mycic,trying to get legal status while they received my application.
Although I successfully applied and paid the fee before midnight of May 16, Mycic account showing they received my application at 00:52AM May-16.

 

[Jeffuk88]

I applied visitor extension online through Mycic. Sorry I didn't get rest of your questions mean,would u explain more to me. Really appreciated !!

In the application for spousal sponsorship you have to put your ststus and when it expires... also your last permit number but on implied status you dont have a permit number or expiry date right?

 

[canuck_in_uk]

Thanks for all the info!!
We just applied for the visitor extension....hope CIC will approve in time.
Just wondering,
When CIC get open work permit application, it will assume my partner's status is expired.
How can we fix this? Should we send the visa extension application receipt to CIC as soon as possible?
Or should we wait for CIC's approval for visitor extension, that might be 1 or 1.5 month later, and then send its final decision to supplement our application for OWP and common-law partner application?
Thank you very much!!

The extension app, the PR app and the OWP app were all submitted to IRCC; it will all be visible in their system. There is no need to send anything.

 

[Rob_TO]

My visa expired on May-15, and just send my sponsorship and OWP application on May-15 (it's not same-day delivery).
And I applied for my Visa extension before midnight May-15, but I got an email from CIC said they received my application at 00:52 AM May-16.
Should I restore my status ???

Technically you were out of status when CIC received the app. However the time is so minor, that perhaps they will not even notice or care. You would just need to wait for around 4 months and see if you get the OWP ok.

Would you please let me know where it said 「"implied" status begins when CPC-M receives the app」.

When they receive the app is the very first chance IRCC can see you've officially applied for new status.

 

[shawmao]

The extension app, the PR app and the OWP app were all submitted to IRCC; it will all be visible in their system. There is no need to send anything.

Thanks! so glad it got centralized system....

I waited for 33 mins to talk to a CIC agent today, and would like to share its message:
if there is anyone in the future like us sending out the application at the same day of their visa expiry date
according to CIC call agent: it is fine if you sent out before the midnight of visa expiry date
CIC decides the date according to postal stamp not the time it receive.
CIC call agent assure me everything is fine.

Still thanks for everyone's prompt feedback.
I will highly recommend future applicant not to send at the last day, though.