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Expired visitor status for six months and in lander,really need help please

salaha

Newbie
Jun 26, 2014
5
0
Hi, I applied for PRICE under within Canada sponsorship application, in October 2013 and got an acknowledgement letter that it is in process, my PR application has also been received by Missisauga centre.my husband is my sponsor of who is also a Canadian citizen.
I have a multiple entry visawhich expires in 2015 December but my allowed duration of stay in canada for this time was till December 2013.
I didn't know that I had to apply for an extension and I assumed that I have an implied status, moreover,I didn't know that I also had to apply for OWP with my application.
Processing time is approximately 11 months for stage 1. I don't know what to do now? Do I have an implied status? Or am I illegal?or do I have to apply for extension? Are they going to extend it? I don't wana leave my husband, I am worried.please help me
 

salaha

Newbie
Jun 26, 2014
5
0
I called them today, first the woman on phone actually scolded me for calling before completion if 11months waiting period and then she didn't reply or explain anything properly, I am so confused, I am not a criminal and I had no idea this could also happen. Following is copied from guide no.5289 of sponsorship application in canada class. What does it mean?how can it help me? If I don't wana work?or wat else could be done if I wana work?

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.

Important information. Applicants who wish to be able to continue to work and study in Canada must submit an application for extension before the work or study permit expires....
 

Seronic

Star Member
Feb 5, 2013
155
1
ottawa
Category........
Visa Office......
moscow
Job Offer........
Pre-Assessed..
App. Filed.......
25-02-2014
AOR Received.
21-03-2014. SA - 26-03-2014
File Transfer...
26-03-2014
Med's Done....
19-01-2014
Interview........
WAIVED
Passport Req..
15-07-2014
VISA ISSUED...
01-08-2014
LANDED..........
15-08-2014
I could be wrong, but I think you've been here illegally ever since your visa expired in December 2013. You should have gotten an extension.

Again, I could be wrong, and hopefully I am, but I think it works that way. Maybe a senior member will know more.
 

rhcohen2014

VIP Member
Apr 6, 2014
4,935
185
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
March 17, 2014
Doc's Request.
April 11, 2014
AOR Received.
May 8, 2014
File Transfer...
May 9, 2014
Med's Request
upfront
Med's Done....
Nov 15, 2013
Interview........
waived
Passport Req..
July 15, 2014
VISA ISSUED...
July 25, 2014/ received August 1, 2014
LANDED..........
August 29, 2014
salaha said:
Please help, tell me a way out..i mean extremely worried.
if you applied inland, then send an open work permit to attach to your application. i believe if you send that in, you will have implied status. otherwise, i don't see there being any other option, so perhaps a senior member will chime in soon. there is much discussion on this forum if CIC will actually take measures to deport PR applicants who are out of status.
 

salaha

Newbie
Jun 26, 2014
5
0
Thankyou so much for ur kind words, my life started coming together and now this....it's breaking me badly
 

GabbieLovesAya

Star Member
Feb 17, 2014
59
2
GTA, Ontario, Canada
Category........
Visa Office......
Manila
Job Offer........
Pre-Assessed..
Doc's Request.
10-04-2014
File Transfer...
15-08-2013
Med's Done....
02-04-2013
Interview........
they better not ask any more at this point
Passport Req..
10-04-2014
salaha said:
I called them today, first the woman on phone actually scolded me for calling before completion if 11months waiting period and then she didn't reply or explain anything properly, I am so confused, I am not a criminal and I had no idea this could also happen. Following is copied from guide no.5289 of sponsorship application in canada class. What does it mean?how can it help me? If I don't wana work?or wat else could be done if I wana work?

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.

Important information. Applicants who wish to be able to continue to work and study in Canada must submit an application for extension before the work or study permit expires....

The way I read this: if you are married to a Canadian Citizen and he applied to sponsor you, that provides you with implied status. You no longer require to have legal immigration status, i.e. you don't need to worry about not having extended your visitors visa. It is the same as if you were applying to extend a work permit, a visitors visa etc. As soon as you submit a legitimate application, you have the right to wait out the result of that process IN CANADA. It's a legal principle. You did not miss the boat, the government is taking it's time to process. So they can't just boot you out because processing takes them a long time!
 

Kev1n

Hero Member
Nov 11, 2012
328
14
Category........
Visa Office......
Beijing
Job Offer........
Pre-Assessed..
App. Filed.......
09/06/2014
AOR Received.
01/08/2014
File Transfer...
01/08/2014 ( 26/09/2014--AOR2)
Med's Request
14/10/2014
Med's Done....
17/08/2013
Passport Req..
14/10/2014
salaha said:
Hi, I applied for PRICE under within Canada sponsorship application, in October 2013 and got an acknowledgement letter that it is in process, my PR application has also been received by Missisauga centre.my husband is my sponsor of who is also a Canadian citizen.
I have a multiple entry visawhich expires in 2015 December but my allowed duration of stay in canada for this time was till December 2013.
I didn't know that I had to apply for an extension and I assumed that I have an implied status, moreover,I didn't know that I also had to apply for OWP with my application.
Processing time is approximately 11 months for stage 1. I don't know what to do now? Do I have an implied status? Or am I illegal?or do I have to apply for extension? Are they going to extend it? I don't wana leave my husband, I am worried.please help me
http://www.canadavisa.com/canada-immigration-discussion-board/can-a-person-without-status-in-canada-submit-an-outland-application-t215461.0.html
 

Alurra71

VIP Member
Oct 5, 2012
3,238
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
salaha said:
Hi, I applied for PRICE under within Canada sponsorship application, in October 2013 and got an acknowledgement letter that it is in process, my PR application has also been received by Missisauga centre.my husband is my sponsor of who is also a Canadian citizen.
I have a multiple entry visawhich expires in 2015 December but my allowed duration of stay in canada for this time was till December 2013.
I didn't know that I had to apply for an extension and I assumed that I have an implied status, moreover,I didn't know that I also had to apply for OWP with my application.
Processing time is approximately 11 months for stage 1. I don't know what to do now? Do I have an implied status? Or am I illegal?or do I have to apply for extension? Are they going to extend it? I don't wana leave my husband, I am worried.please help me
You are out of status. Since you went out of status in December of 2013 you have no way to bring yourself back into status currently. The ONLY way for you to do that would be to leave Canada and then return. The problem with this is because if you are refused entry, even though you have a multiple entry visa, your current PR application would be considered abandoned and you would need to begin the process again via the OUTLAND route which would require you to remain in your home country during the process.

Being out of status is not the end of the world as you aren't required to maintain status while you have an inland application, however you will be at risk of coming to the attention of CBSA who can begin the process of having you removed from Canada. There really isn't anything you can do at this point to remedy the situation except to leave and attempt to come back.

Keep in mind that another poster here mentioned sending in an OWP to remedy the situation, that ONLY works if you had a status to extend at the time of application submission. Since you have been out of status since December 2013 it would not help you.

I wish you the best of luck and can only tell you to keep your head down and stay off the radar and hope for the best.