Help Please

[Marko22]

You've all been such a great help and we truly appreciate it; I've attached the letter we received from the immigration office, we applied 'inland' and I'm wondering if this lets us apply 'inland' again? We really wish to stay together during this time, it would be a massive hardship not to. Any advice is helpful, thank you all. I should say we never did receive these emails that they are talking about, as they were sent to an account that was lost, we did provide them with a secondary email.

This letter indicated that this evidence and these documents were required in order to complete the
assessment of your application. Additionally, this letter informed you that if this office did not receive
the required evidence and documents from you within 90 days of the date of that letter, your
application would be assessed on the basis of the information that was already before the officer. You
were warned that failure to provide the additional information could result in the refusal of your
application. To this date, we have received no communication from you.
Subsection 21(1) of the Act states that a foreign national becomes a permanent resident if an officer is
satisfied that the foreign national has applied for that status, has met the obligations set out in
paragraph 20(1)(a) and subsection 20(2) and is not inadmissible. Based on the information that is
available, I am not satisfied that you are not inadmissible and that you meet the requirements of the
Act. I am therefore refusing your application for permanent residence.
If the Right of Permanent Residence fee was paid, it will be refunded within six to eight weeks to the
payee listed on the proof of payment you submitted with your application. If the fee was paid by credit
card, it will be credited back to the credit card account. Otherwise, a cheque will be mailed to the
payee’s address in approximately six weeks to eight weeks.

Should you wish to reapply, you will be required to submit a new application and pay a new
processing fee. Any new application will be assessed according to the Immigration and Refugee
Protection Act in force at the time that the new application is filed.

 

[Ponga]

Sorry to hear this, but I think you were expecting it anyway.

Has your wife maintained her legal status (not counting Implied Status) while she has been in Canada (please say yes)?

As suggested in your thread, apply ASAP with an Outland application and make sure to have your wife apply to extend her status so that she can remain [legally] with you in Canada!

The part that seems a bit alarming, to me, is that the officer is not convinced that she is not inadmissible:
"I am not satisfied that you are not inadmissible and that you meet the requirements of the Act."

Hopefully, that would not prevent her visitor extension from being approved, but...it might.


Good luck to you both!

 

[Marko22]

Sorry to hear this, but I think you were expecting it anyway.

Has your wife maintained her legal status (not counting Implied Status) while she has been in Canada (please say yes)?

As suggested in your thread, apply ASAP with an Outland application and make sure to have your wife apply to extend her status so that she can remain [legally] with you in Canada!

The part that seems a bit alarming, to me, is that the officer is not convinced that she is not inadmissible:
"I am not satisfied that you are not inadmissible and that you meet the requirements of the Act."

Hopefully, that would not prevent her visitor extension from being approved, but...it might.


Good luck to you both!

We applied for a temporary visa extension twice, the first time we received it, the second time nothing came. Now I'm kind of fearful that perhaps it TOO got lost in the email. I don't know, we're really contemplating a lawyer at this time. Sort of at a loss. If she flagpoles to the states, is she going to have trouble coming back do you think?

 

[Marko22]

Basically, we do not have a current visa in possession.

 

[Ponga]

We applied for a temporary visa extension twice, the first time we received it, the second time nothing came. Now I'm kind of fearful that perhaps it TOO got lost in the email. I don't know, we're really contemplating a lawyer at this time. Sort of at a loss. If she flagpoles to the states, is she going to have trouble coming back do you think?

Unfortunately, I think she will have trouble if she does that.

Hopefully, you'll get more help from other members, but I really don't see how a lawyer is going to be of any help. You're probably better off talking with your local MP, but even then...this problem has stemed from your wife not keeping up with the email account that she provided to CIC. It is the applicant's responsibility to check their email (including their junk/SPAM folder(s)) for correspondence from CIC. I know it's not what she wants to hear, but it's the painful truth.

 

[Marko22]

Unfortunately, I think she will have trouble if she does that.

Hopefully, you'll get more help from other members, but I really don't see how a lawyer is going to be of any help. You're probably better off talking with your local MP, but even then...this problem has stemed from your wife not keeping up with the email account that she provided to CIC. It is the applicant's responsibility to check their email (including their junk/SPAM folder(s)) for correspondence from CIC. I know it's not what she wants to hear, but it's the painful truth.

Thank you as always Ponga, she just cant really go to the States as we built our life here; she has nowhere to go, we would need to find a place to stay and so on. I just want her to stay here, no matter how long it takes. Which is why Im hopeful a lawyer can perhaps help. Do MPs even answer?

 

[Ponga]

I'm certainly no expert here, but...

If you're compelled to speak with a lawyer, I suggest calling the law firm that provides this forum. They offer a free phone consultation.
Just click on the CANADAVISA.com logo at the top left of the page to find their contact information.

The problem that I see, is that your wife likely has no legal status in Canada right now. It's also possible that she is now on CBSA's radar as being a foreign national in canada without status. This does NOT necessarily mean that they will remove her from Canada right away, but IMHO, submitting another inland application is not a good idea. Those without legal status that had submitted an Inland application, were usually left alone (but not always), pending their first stage approval (AIP), but even the CIC Inland Guide warns that a person without status [even with an Inland application] may be removed at any time.

If you apply with an Outland application ASAP and she is ultimately removed from Canada, the processing would continue.

This is a terrible situation for you to be in, but have faith that in the end (whenever that may be), everything will be ok.

 

[Marko22]

I'm certainly no expert here, but...

If you're compelled to speak with a lawyer, I suggest calling the law firm that provides this forum. They offer a free phone consultation.
Just click on the CANADAVISA.com logo at the top left of the page to find their contact information.

The problem that I see, is that your wife likely has no legal status in Canada right now. It's also possible that she is now on CBSA's radar as being a foreign national in canada without status. This does NOT necessarily mean that they will remove her from Canada right away, but IMHO, submitting another inland application is not a good idea. Those without legal status that had submitted an Inland application, were usually left alone (but not always), pending their first stage approval (AIP), but even the CIC Inland Guide warns that a person without status [even with an Inland application] may be removed at any time.

If you apply with an Outland application ASAP and she is ultimately removed from Canada, the processing would continue.

This is a terrible situation for you to be in, but have faith that in the end (whenever that may be), everything will be ok.

So you suggest; we apply as outland and apply for a temporary visitor visa while in canada? despite her possibly not having legal status? Or would it be better to apply outland and have her leave and come back?

 

[Ponga]

If she no longer has legal status, and is beyond the 90 day window to apply for Restoration of Status, there is no way for her to get status from within Canada; she would need to leave and re-enter, which in her case could be a problem.

Submit the Outland application ASAP and then she can either hide in the basement (half-joking), or she voluntarily leaves Canada and attempts to re-enter. The other potential problem would be if she encounters a CBSA officer that is not sympathetic to her situation and not only denies her entry, but also hands her an Exclusion Order, because she had overstayed her visa...even though she had an active Inland application. It really is the luck of the draw when seeking entry and hoping that the officer is, at least, having a good day.

Call the lawyer and see what s/he tells you, but time really is an enemy for you both right now!

 

[Marko22]

If she no longer has legal status, and is beyond the 90 day window to apply for Restoration of Status, there is no way for her to get status from within Canada; she would need to leave and re-enter, which in her case could be a problem.

Submit the Outland application ASAP and then she can either hide in the basement (half-joking), or she voluntarily leaves Canada and attempts to re-enter. The other potential problem would be if she encounters a CBSA officer that is not sympathetic to her situation and not only denies her entry, but also hands her an Exclusion Order, because she had overstayed her visa...even though she had an active Inland application. It really is the luck of the draw when seeking entry and hoping that the officer is, at least, having a good day.

Call the lawyer and see what s/he tells you, but time really is an enemy for you both right now!

I'm filling in the outland application as we speak.

 

[Ponga]

I'm filling in the outland application as we speak.

To add to your angst...she will now need a new FBI PCC, as well as any other PCCs that she had provided, which will take several weeks to receive, as well as the upfront medical.

 

[SamHom]

Unfortunately, I think she will have trouble if she does that.

Hopefully, you'll get more help from other members, but I really don't see how a lawyer is going to be of any help. You're probably better off talking with your local MP, but even then...this problem has stemed from your wife not keeping up with the email account that she provided to CIC. It is the applicant's responsibility to check their email (including their junk/SPAM folder(s)) for correspondence from CIC. I know it's not what she wants to hear, but it's the painful truth.


This question goes out to both Ponga and Marko22

First off, I am very sorry, that absolutely sucks! Really, really hope it still works out some way!

Secondly, how did this really happen? No call to CIC to ask why you/they hadn't recieved any correspondence what so ever? No regular check of Ecas?

 

[Marko22]

I checked regularly, and then I skipped a month and all of a sudden its as if it was backlogged and it all popped up. We were stupid to assume that they would mail it through the post instead of e-mail. I checked the mail twice a week with extreme hope and enthusiasm but to no avail. Then one day just out of the blue I decide to check the processing time, and pop , 4 messages stating they sent correspondence on may of 2014 definitely never seen anything like that and I definitely checked after 2014. Then it also popped up the medical thing, the more correspondence and the decision all at the same time. I don't know.

 

[SamHom]

I checked regularly, and then I skipped a month and all of a sudden its as if it was backlogged and it all popped up. We were stupid to assume that they would mail it through the post instead of e-mail. I checked the mail twice a week with extreme hope and enthusiasm but to no avail. Then one day just out of the blue I decide to check the processing time, and pop , 4 messages stating they sent correspondence on may of 2014 definitely never seen anything like that and I definitely checked after 2014. Then it also popped up the medical thing, the more correspondence and the decision all at the same time. I don't know.

If this is the case, that you have updated CIC with a correct email address and also checked your ecas on a regular basis, I would definitely schedule a consultation with a law firm. No doubt.

 

[Ponga]

If this is the case, that you have updated CIC with a correct email address and also checked your ecas on a regular basis, I would definitely schedule a consultation with a law firm. No doubt.

The second email address was just that; a secondary email address. The OP should have notified CIC that the primary email address was no longer valid and to use the secondary address as primary. I don't think a lawyer can do anything about that, unfortunately.