family class sponsorship. some inisght

[beast2000]

Good Afternoon Everyone,

I have a few questions as i am not able to find the information in clarity...so i came here in an effort to get some clarification.

My wife is a Canadian. We have been married for 8 years. I am an American. We moved here to Canada 2 years ago. I have been on a closed work visa.

We finally got our family sponsorship application sent off this past July 1st. I also sent off with the sponsorship application information an application to extend my stay in Canada as a worker as my closed work permit expires November 1st.

Today we got the application back. We missed 1 signature and needed to add the payment forms showing payment.

We took care of that and then we sent it back off this afternoon. It will arrive back to them on Thursday.

This is Inland Sponsorship.


So with a brief history...here are my couple of questions:

Will the application be "put placed to the back of the line" thus meaning another 55 days wait time before they review the application for completion ?

If it is placed to the back of the line...then my next question is:

When and how will this affect my extend to work in Canada as a worker?

I am under the impression that they will only extend allowing me to continue to work as a worker under the implied status. I must then hope that they approve the eligibility and it becomes in processing and approve the extend to stay in Canada as a worker within that 10 day window.

Since it is so very close if i have to wait another 55 days before an Agent looks at the application again.... how should i go about the extend to stay in canada portion? Should i go ahead and send another extend to stay in Canada ...but as a visitor?

I just do not know if there is enough time between now and November 1st for the application to be approved as complete, and the sponsor approved for sponsorship before my work permit expires.

Someone who knows how this part plays out and the time lines i would be greatful for some information so that i understand the variables and how to handle them.

thanks,

Matthew

 

[scylla]

It sounds like you're confusing the inland and outland process.

The first stage of the inland process is currently taking 12 months to complete. The 55 days is for outland applications only (this is the sponsor approval phase of the outland process and therefore doesn't apply to the application you've submitted).

Did you include an open work permit with your inland application?

Since you are American, pretty much all of us here will tell you to withdraw your application and apply outland instead.

 

[rhcohen2014]

Considering us applications are being approved in 3 mo right now, yeah I think it would be best to resubmit at Outland. Unless you are ok with being in limbo for 1.5-2 years per the current inland trend. There is absolutely NO reason for you to apply inland. While you may not get approved by the time your work permit expires, you will certainly receive pr approval and the right to work way earlier when you apply Outland. For inland you would be waiting 12+ months just for your work permit to be approved.

 

[beast2000]

I am basing the 55 days based on the inland based time frame from when inland applications are being reviewed. My concern is not in how long the phase 1 stage takes to determine an outcome on eligibility. My impression is once an application is reviewed by an agent for completion and it is deemed complete then from that point on" it is in processing". For me and my situation thats key as i can extend my stay in canada as a worker due to the implied status. This will allow me if approved to continue to work on my existing work visa until either a determination has been made or when i get to that point where i can be approved for a normal open work permit.

I guess what i am asking is....How long will it take before an agent has reviewed the application and then it becomes "in processing" ? I cannot get approved to continue my stay in canada as a worker if my Sponsorship application is not under implied status.

If it is determined that i will run out of time which is november first....then it makes more sense to me to send another extend my stay in canada as a visitor so before my work visa expires in the event its determined that i wont make the implied status part in time. This will allow me to stay here as a visitor untill my application becomes in processing then i am in good standing .

 

[rhcohen2014]

Inland applications are certainly not being reviewed in 55 days. As Scylla said that is the time for stage 1 Outland. Stage 1 inland is taking 12 months. Inland applicants are receiving acknowledgement of receipts after 4-5 months. This does not mean your application is processing. All it means is they received the application. So again if this is the case you are still better off applying Outland since us applicants are being approved as a pr in that amount of time or less. If you send a work permit with your inland app I believe you receive implied status as soon as it is delivered. What type of work permit do you have? I don't think All work permits allow you to keep working while on implied status. Hopefully Scylla or someone more familiar with inland will respond.

 

[beast2000]

I am on a closed skilled worker work permit. Based on possible eligibility based on the information i was able to find . I am able to continue working in canada on my existing work permit with the same company as long as i am under implied status since we are going under family class sponsorship.

Even though the work visa expires on november 1st. I would be able to continue to work under that work visa as approved by cic with the same employer untill a determination has been made concerning our Sponsorship application.

Inland applicants are receiving acknowledgement of receipts after 4-5 months.

I can say for a fact. We sent off our application for sponsorship...and we received via email that they received the application and that was 6 weeks after we mailed it off to them.


then the application was sent back and we received a page detailing the 2 thngs we had not completed properly and needed to complete...so that the application is deemed complete . This means that from the time they sent email saying they received and gave us the what happens next and other links to the time it was reviewed for completion was roughly another few weeks. If based on my current experience time lines it took roughly 55 days days form the time the got it till the time they reviewed it and then sent it back to correct the errors.

They recived the application first wek of July. It was sent back and in my house today august 26th....indicating the changes. I received an email form cic confirmign they got the application and an agent would be reviewing it for completion. that was roughly wihtout looking at the exact date around august 8th. Then today i received the application back form them to correct the 2 errors..1 missing signature and a payment clip( we paid online...but forgot to inlcude it in the app....bone headed eh? lol).

This is why i was asking would my application be sent to back of the line and i would have to wait as if they never received it ....whether that means 4-5 months or if it means roughly the same time it took me from the time i sent it the first time till an agent reviewed it for completion. Please don't confuse "in processing" with "processing" the term "in processing" is just a cic insider term used to describe that an application has be reviewed and it is complete enough to move into phase 1..which is just determining if a sponsor is deemed eligable. The term as i am using it "implied status" or "in processing" just means they application is now in the process of being reviewed and approved...no matter the phase or timeline... it just means payment has been accepted, application is complete... and now its being " worked on" The processing time is the estimated time an applicant must or should expect to wait until a determination has been made...whether its phase 1...or further along or whatever.

they just use that term "in processing" and "implied status" as saying ok... we have it....its being worked on....its not complete as to say no determination has been made on said application...however since its in processing.......and ur considered implied status ....they let u stay r work based on the application being worked on.... all that would end at any time they state a change form that should an applicant not make it to the end for whatever reason.

I just want to know if my continue to stay in canada under work permit will get approved before nov 1st.... as i cannot ask for it after it expires.....and i am under the impression it can be approved based on the fact i am filing under the sponsorship class. This is why i sent the extend my stay in canada as a worker... i can only do this as either work or visitor but not both. If i cannot get approved before november expiry date....then i would need to send a visitor one so that i allow enough time to process and to be approved. This would give me the time needed without running chances of being here illegally as defined by immigration. So if there is any doubt that the extend to stay as a worker can get processed by november 1st then id go ahead and just do the visitor thing....then once my application is considered "in processing" i am in legal standing ...but at the expense on not being able to work untill i reach the point where they would issue me a open work permit. That would suck..... but its the lesser of the evils...and id rather give the xtra time to insure i keep my legal standing.... i dont play with the laws.

 

[canuck_in_uk]

My impression is once an application is reviewed by an agent for completion and it is deemed complete then from that point on" it is in processing". For me and my situation thats key as i can extend my stay in canada as a worker due to the implied status.

Your impression is wrong. All that matters to gain Implied Status is that they RECEIVE the PR and OWP apps prior to your status expiring, nothing more. Provided your app is not returned again, you will be on Implied Status after your current work permit expires, regardless of whether it's "processing", "in process", opened, being reviewed etc.

As the others have said, you should really consider withdrawing and applying outland. American outland apps are zipping through right now.

 

[beast2000]

I like the word zipping. Appreciate the clarifications.

Now i need to figure out if extending my stay in canada as a worker is the same application for open work permit. Giving me homework .....lol.

 

[Ponga]

Inland applications are certainly not being reviewed in 55 days. As Scylla said that is the time for stage 1 Outland. Stage 1 inland is taking 12 months. Inland applicants are receiving acknowledgement of receipts after 4-5 months. This does not mean your application is processing. All it means is they received the application. So again if this is the case you are still better off applying Outland since us applicants are being approved as a pr in that amount of time or less. If you send a work permit with your inland app I believe you receive implied status as soon as it is delivered. What type of work permit do you have? I don't think All work permits allow you to keep working while on implied status. Hopefully Scylla or someone more familiar with inland will respond.

Actually, someone in the Inland 2014 thread posted that they just received AOR...in less than 1 week:
http://www.canadavisa.com/canada-immigration-discussion-board/inland-applications-2014-t179207.0.html;msg3458206#msg3458206

Maybe...just maybe, CIC has awoken from their summer nap?

 

[beast2000]

see im not crazy

 

[peimum]

Considering us applications are being approved in 3 mo right now, yeah I think it would be best to resubmit at Outland. Unless you are ok with being in limbo for 1.5-2 years per the current inland trend. There is absolutely NO reason for you to apply inland. While you may not get approved by the time your work permit expires, you will certainly receive pr approval and the right to work way earlier when you apply Outland. For inland you would be waiting 12+ months just for your work permit to be approved.

Why didn't I ask these questions a year ago We applied inland a year ago..... and we are still waiting on sponsorship approval! Hubby has not been able to work as his employment renewal was denied (unemployment in PEI was too high at the time).

 

[beast2000]

ouch. Hope you guys are staying the course...at the most seems the light is at the end of the tunnel and ur very close to it!

Keep your head up!

 

[canuck_in_uk]

I like the word zipping. Appreciate the clarifications.

Now i need to figure out if extending my stay in canada as a worker is the same application for open work permit. Giving me homework .....lol.

In order to gain Implied Status, you should have submitted the Application to Change Conditions or Extend Your Stay in Canada as a Worker (http://www.cic.gc.ca/english/information/applications/extend-worker.asp) WITH the PR app.

From your first post, I gathered that you did submit the OWP app with the PR app. If you didn't, you might be screwed, as I believe several people in that position were advised by CIC that they couldn't submit the OWP separately until after AIP, which means no Implied Status.

 

[beast2000]

ok im good then. extending as a worker = owp . wheew!