Does a Criminal Record Check Flag CBSA about Expired Visa?

[steerpike]

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?

I have never been able to log into ecas with my name. I have never been issued a UIC number for myself, just my wife and the reciept number doesnt work. I guess I will call the call center and see if they can get me logged in. (I didnt know it was important to be able to log in under both names).

 

[Alurra71]

Have you ever received ANYTHING from CIC? Your AOR email, would have a file number along with your personal UCI. Sometimes, they don't work, from what I've heard, but I didn't have that issue. Anyway, it would seem that if your wifes eCas is showing 'In process' with the line 'Medical Recieved' you are indeed nearing your finish line. If this IS the case, then I would fill out an OWP application for her to either get a job, if this is what you both want, or at the very least will put her back into status. If her application is in process then you do indeed have AIP and she would qualify.

If she doesn't really want/need to go to work, then her status should be fine. It is not likely that anyone is going to come knocking on your door to deport your wife, especially since you already do have AIP and she is almost finished processing.

Good luck!

 

[steerpike]

Have you ever received ANYTHING from CIC? Your AOR email, would have a file number along with your personal UCI. Sometimes, they don't work, from what I've heard, but I didn't have that issue. Anyway, it would seem that if your wifes eCas is showing 'In process' with the line 'Medical Recieved' you are indeed nearing your finish line. If this IS the case, then I would fill out an OWP application for her to either get a job, if this is what you both want, or at the very least will put her back into status. If her application is in process then you do indeed have AIP and she would qualify.

Hi! Yes we have so far recieved two letters from CIC. One was because we forgot to put "n/a" in one spot in our application form so they had us redo that form. That was great because that letter had a UCI number on it! We have never recieved an AOR letter. The second letter we got was asking for the medicals to be done. So we did that and submitted them.

If she doesn't really want/need to go to work, then her status should be fine. It is not likely that anyone is going to come knocking on your door to deport your wife, especially since you already do have AIP and she is almost finished processing.

I hope so. But I am cautious about drawing attention because technically CBSA can deport her if they feel like it.

 

[Alurra71]

Hi! Yes we have so far recieved two letters from CIC. One was because we forgot to put "n/a" in one spot in our application form so they had us redo that form. That was great because that letter had a UCI number on it! We have never recieved an AOR letter. The second letter we got was asking for the medicals to be done. So we did that and submitted them.


I hope so. But I am cautious about drawing attention because technically CBSA can deport her if they feel like it.

Yes, you are correct, but it would be a long and lengthy process for them to begin the deportation order and with an active spousal sponsorship application, I think HIGHLY UNLIKELY they would even begin taking the steps. Now, if she has a criminal history then all bets are off, but for your regular out of status wife just waiting for her spousal visa, I think they will leave you alone.

I still stand by my assessment that if they have asked for medicals then they are already working on her application. When was it you folks submitted your application originally? Has it been more than 11 months?

 

[Ponga]

I hope so. But I am cautious about drawing attention because technically CBSA can deport her if they feel like it.

Take a look at publication ip08 (found on the CIC website). Appendix H, which begins on page 53, basically addresses the Lack of Status issue.
While it certainly is possible that CBSA could take action, you'll see that they have agreed to grant a temporary deferral of removal, especially AFTER AIP (bottom of page 59 and top of page 63).
This should help to ease your understandable angst.

 

[screech339]

Yes, you are correct, but it would be a long and lengthy process for them to begin the deportation order and with an active spousal sponsorship application, I think HIGHLY UNLIKELY they would even begin taking the steps. Now, if she has a criminal history then all bets are off, but for your regular out of status wife just waiting for her spousal visa, I think they will leave you alone.

I still stand by my assessment that if they have asked for medicals then they are already working on her application. When was it you folks submitted your application originally? Has it been more than 11 months?

It has been over 11 months since they submitted the application according to Op's post. So it appears that the wife has AIP but the problem lies in that she doesn't have her AIP email yet. We had three cases of this in 2012 timesheets whereby the applicants didn't get AIP but the sponsor did. Now they all received DM, awaiting landing letters.

 

[steerpike]

Yes, you are correct, but it would be a long and lengthy process for them to begin the deportation order and with an active spousal sponsorship application, I think HIGHLY UNLIKELY they would even begin taking the steps. Now, if she has a criminal history then all bets are off, but for your regular out of status wife just waiting for her spousal visa, I think they will leave you alone.

I still stand by my assessment that if they have asked for medicals then they are already working on her application. When was it you folks submitted your application originally? Has it been more than 11 months?

Yes it's been almost 14 months.

Application was recieved Nov 16 2012
Started processing Oct 5, 2013
Medicals recieved in December (around the 10th)

 

[Alurra71]

It has been over 11 months since they submitted the application according to Op's post. So it appears that the wife has AIP but the problem lies in that she doesn't have her AIP email yet. We had three cases of this in 2012 timesheets whereby the applicants didn't get AIP but the sponsor did. Now they all received DM, awaiting landing letters.

I know, I was one of those poor souls, I was able to get one a month later, but anyway, water all under the bridge now, eh?

Steerpike,

I think you are in the homestretch for sure. Your wife will indeed qualify for an OWP. I am not sure of the link of where you can apply, or how you would fill it out as I did mine at the actual border, but without the AIP letter you can't do it in person. I would bet dollars to donuts that Mr. Screech knows exactly where you can look though! He is awesome like that!

 

[screech339]

http://www.cic.gc.ca/english/information/applications/extend-worker.asp

Here is the link to apply for OWP. But don't ask me how to fill it out as I never filled it out myself. Hopefully someone else can help you with it.

Honestly they need to make a special OWP application for inland sponsors instead of using the extend-worker application. Too confusing and an PITA to complete the application, much less find it online.

 

[Alurra71]

*points to Screech's above post* See, awesome, didn't I tell ya?

 

[steerpike]

Thank you very much! ;D

 

[hockeyfan]

http://www.cic.gc.ca/english/information/applications/extend-worker.asp

Here is the link to apply for OWP. But don't ask me how to fill it out as I never filled it out myself. Hopefully someone else can help you with it.

Honestly they need to make a special OWP application for inland sponsors instead of using the extend-worker application. Too confusing and an PITA to complete the application, much less find it online.

What's a PITA? Isn't that bread?

 

[screech339]

What's a PITA? Isn't that bread?

Pain in the *ss

 

[Paulimmhelp]

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.

q1) No.
q2) Depends on the type and nature of the volunteer work. If it is something a Canadian would normally receive remuneration then that would likely be considered work.