Does a Criminal Record Check Flag CBSA about Expired Visa?

[steerpike]

My wife is currently in the process of being sponsored by me under family class inland. Unfortunately, due to a misunderstanding of the rules, we let her visitor visa expire and now technically she is without status. Since she cant work, she is thinking about volunteering. But most volunteer organizations do a criminal record check. Will this check flag CBSA that she is living in Canada with no legal status? Is it risky? We absolutely can not risk a deportation order when there is only a few months left in the process.

 

[screech339]

If she has gotten AIP, then she is back into status. If she hasn't gotten her AIP yet, she is out of status until she gotten AIP.

 

[corbs]

How long has she been out of status? You can restore status within 90 days.

 

[screech339]

How long has she been out of status? You can restore status within 90 days.

That is an option your partner can do. Apply for restatement of status, assuming it hasn't been 90 days since.

 

[steerpike]

If she has gotten AIP, then she is back into status. If she hasn't gotten her AIP yet, she is out of status until she gotten AIP.

We havent gotten a letter stating she has AIP. We got the notice on the website that they have "started processing" so we are on "Step 2". Meds have been done and recieved. But based on processing times, step 2 takes 8 months so we still have 5 more months to go.

It's been much longer than 90 days since the visa expired. Our big goof-up was because I read this On the CIC website :

Maintaining legal status
Spouses and common‑law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are no longer required to have legal immigration status provided that they have an eligible sponsor. All other eligibility requirements continue to apply."

I stupidly took that to mean we could let the visa expire since we had already applied. I also stupidly thought there was no point trying to renew a vistor visa, ( which is only for visitors who promise they will leave canada). My wife obviously isnt a visitor and obviously has no intention of leaving canada.

We were very very stupid. But that cant be fixed now so we just have to hang on and hope she doesnt get deported.

So is it risky to apply as a volunteer? Should she just hide out in the house until we recieve notice of "AIP"?

 

[Ponga]

My wife is currently in the process of being sponsored by me under family class inland. Unfortunately, due to a misunderstanding of the rules, we let her visitor visa expire and now technically she is without status. Since she cant work, she is thinking about volunteering. But most volunteer organizations do a criminal record check. Will this check flag CBSA that she is living in Canada with no legal status? Is it risky? We absolutely can not risk a deportation order when there is only a few months left in the process.

Did you include an OWP application with the sponsorship application (I suspect not)? If you had, that would have helped with her loss of status issue.

If not, I wouldn't risk it since you're so close to the finish line. From what I've gleaned, she has to be very careful about doing any type of volunteer `work' anyway!!

Good luck!

 

[Ponga]

I believe that without an OWP filed with the sponsorship application, her status is still lost. The OWP is what basically gives her some sort of pseudo-status again...until she has PR of course. Without this, she may need to `hide' until she lands. I hope not!

 

[hockeyfan]

It sounds like you have passed Stage 1 (AIP) so the applicant can apply for an Open Work Permit, bringing her back into status I believe. If you are onto Stage 2 then that means you should have gotten AIP, I would call into the call center and see what they can see about your file, if you haven't received AIP yet.

All the best,

 

[screech339]

We havent gotten a letter stating she has AIP. We got the notice on the website that they have "started processing" so we are on "Step 2". Meds have been done and recieved. But based on processing times, step 2 takes 8 months so we still have 5 more months to go.

It's been much longer than 90 days since the visa expired. Our big goof-up was because I read this On the CIC website :

Maintaining legal status
Spouses and common‑law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are no longer required to have legal immigration status provided that they have an eligible sponsor. All other eligibility requirements continue to apply."

I stupidly took that to mean we could let the visa expire since we had already applied. I also stupidly thought there was no point trying to renew a vistor visa, ( which is only for visitors who promise they will leave canada). My wife obviously isnt a visitor and obviously has no intention of leaving canada.

We were very very stupid. But that cant be fixed now so we just have to hang on and hope she doesnt get deported.

So is it risky to apply as a volunteer? Should she just hide out in the house until we recieve notice of "AIP"?

BTW. You are not in "2nd stage" of the processing. You are still in 1st stage of the process. I don't think you are close to the "finish" line yet. If you mean AIP stage as finish line, then yes. But "PR landed" finish line? No, you got a ways to go. Once your wife has gotten AIP letter from CIC, (usually email), only then your wife would be in the second stage.

The first stage can take up to 10 months according to website, 8 months for 2nd stage.

 

[steerpike]

I believe that without an OWP filed with the sponsorship application, her status is still lost. The OWP is what basically gives her some sort of pseudo-status again...until she has PR of course. Without this, she may need to `hide' until she lands. I hope not!

No we didnt file an OWP with the initial application. (The CIC website doesnt say anything about including OWP app with your sponsorship app.)

 

[steerpike]

BTW. You are not in "2nd stage" of the processing. You are still in 1st stage of the process. I don't think you are close to the "finish" line yet. If you mean AIP stage as finish line, then yes. But "PR landed" finish line? No, you got a ways to go. Once your wife has gotten AIP letter from CIC, (usually email), only then your wife would be in the second stage.

The first stage can take up to 10 months according to website, 8 months for 2nd stage.

Hi,

To be honest, even after all this time i'm still pretty confused about what the terms mean.

We are on "Step 2" according to ECAS. I dont know if that is the same as "stage 2". Step 1 took 11 months, and now we are on step 2. We recieved an email asking for medicals, but we have not recieved anything declaring we have "aip". As far as I can gather from reading here, AIP comes sometime after Step 2 and people get an actual letter or email telling them they have that.

But yes, when i talk about "being close" i am just talking about being able to apply for a work permit, get her back into legal status, and get healthcare. Those are all the immediate goals we are hoping for now. Actual PR wil be nice too, but thats actually not as crucial as being able to work, and the threat of deportation being lifted.

 

[Ponga]

No we didnt file an OWP with the initial application. (The CIC website doesnt say anything about including OWP app with your sponsorship app.)

As hockeyfan mentioned, you can submit the application for OWP AFTER you receive your AIP. The cost is $150 and I believe the correct form would be IMM5710.
For questions about her potential employer, you can just write NA and attach a note explaining that she does not presently have an offer from an employer. I don't know how/if this helps her status (officially she is deemed to have `Lack of Status') since it was not sent with the application, but it may still work for her. As always, those with more knowledge will chime in and educate us both!

Screech is right...I was incorrect in my reference to you being near the finish line. Even after you eventually receive your DM (many months from now) you get to wait some more for her landing interview, where she will receive her COPR...then you get to wait some more for the PR card to actually arrive in the mail.

Depending on where you live, the wait for a landing interview alone can be...a few months (i.e Vancouver).

 

[Alurra71]

Hi,

To be honest, even after all this time i'm still pretty confused about what the terms mean.

We are on "Step 2" according to ECAS. I dont know if that is the same as "stage 2". Step 1 took 11 months, and now we are on step 2. We recieved an email asking for medicals, but we have not recieved anything declaring we have "aip". As far as I can gather from reading here, AIP comes sometime after Step 2 and people get an actual letter or email telling them they have that.

But yes, when i talk about "being close" i am just talking about being able to apply for a work permit, get her back into legal status, and get healthcare. Those are all the immediate goals we are hoping for now. Actual PR wil be nice too, but thats actually not as crucial as being able to work, and the threat of deportation being lifted.

If you have gotten an email requesting medicals to be done, it does indeed sound like they are working on your wifes application and have given you approval to be her sponsor (aka AIP). What does your ecas show if you log in using YOUR UCI number and information and not your wifes? Does it show decision made?

 

[Ponga]

Hi,

To be honest, even after all this time i'm still pretty confused about what the terms mean.

We are on "Step 2" according to ECAS. I dont know if that is the same as "stage 2". Step 1 took 11 months, and now we are on step 2. We recieved an email asking for medicals, but we have not recieved anything declaring we have "aip". As far as I can gather from reading here, AIP comes sometime after Step 2 and people get an actual letter or email telling them they have that.

But yes, when i talk about "being close" i am just talking about being able to apply for a work permit, get her back into legal status, and get healthcare. Those are all the immediate goals we are hoping for now. Actual PR wil be nice too, but thats actually not as crucial as being able to work, and the threat of deportation being lifted.

That sounds like AIP to me. You should have received a letter telling you that you had been approved to sponsor her...which would have been AIP; Approval In Principle.

You might be able to apply for the OWP online. Contact the call centre and find out.

 

[screech339]

Hi,

To be honest, even after all this time i'm still pretty confused about what the terms mean.

We are on "Step 2" according to ECAS. I dont know if that is the same as "stage 2". Step 1 took 11 months, and now we are on step 2. We recieved an email asking for medicals, but we have not recieved anything declaring we have "aip". As far as I can gather from reading here, AIP comes sometime after Step 2 and people get an actual letter or email telling them they have that.

But yes, when i talk about "being close" i am just talking about being able to apply for a work permit, get her back into legal status, and get healthcare. Those are all the immediate goals we are hoping for now. Actual PR wil be nice too, but thats actually not as crucial as being able to work, and the threat of deportation being lifted.

There are two emails. One the sponsor (you) will get an email stating that you are approved to be sponsor for PR.

The second email is the one your wife gets stating that she qualifies for PR and is qualified to apply for OWP if she chooses to. This AIP email is very very important. This email will allow your wife to apply for provincial health care. Not sure if you can apply for OWP online yet as your wife has not gotten email saying she can apply for OWP.

If you did in fact get a email telling you that you qualified to be a PR sponsor and your wife didn't get hers yet. Your wife need to get on the phone and get CIC to send her the AIP email. Call everyday/ week if you have to, to get on their case. She needs that AIP to get anything done.