INLAND APPLICATIONS 2012

[couteausnob]

THANK YOU VERY MUCH hamedsilent and computergeek!!!

As my tourist visa will be expired on 19MAR 2013. Do I need to extend my tourist visa at the same time as applying PR and OWP?

I am very confused because someone said yes and someone said no because it will be "Implied status" (If your temporary resident visa expires after you have submitted your application for an extension of your authorization to remain in Canada, you will be considered in status as a temporary resident until a decision is made on the application. This is known as an Implied Status).

Thank you again!!!

Dee

When in doubt, listen to computergeek. Basically, the form you would use to extend your stay as a visitor is the same form you'll be using to apply for OWP. Since you're already going to be applying to change your status via that OWP application, you will already be covered under implied status until your application is answered. So you don't need to fill out the same form again to renew your visitor status.

 

[walter8299]

Hi everyone

Good to hear so much good news still coming, let it keep coming

We got AIP last tuesday.
Cool thing is, my wife (applicant) also got her TRV (with multiple entry) under study status, and a study permit extended on Oct 4.
Both her TRV and study permit is valid until July 31 2014.
So that gives us plenty of time for her to remain in Canada (since she is doing her education anyways), while we wait for stage 2 to be completed.

Now my question is: Can we apply for an Open Work Permit (OWP) since we have AIP now? I am guessing, it should not conflict with her study permit or her TRV right now since she needs the permit to legally study at a post-secondary institution. Just want to confirm with someone who might know if my assumption is right or not.

FYI, we did not send in the OWP application with the PR, since my wife has legal study status in Canada anyways. But we figure out it is not a bad idea for her to have an OWP in case she wants to do some summer work to get experience with her field of studies.

 

[wolanila]

Sask health today informed us that we are missing supportive documents. I'm assuming they are talking about proof of permanent residence. I guess they don't know u can use a 1st stage approval letter. I'll call the supervisor tomorrow. Hopefully I can resolve this gracefully.

 

[meowmeow]

Sask health today informed us that we are missing supportive documents. I'm assuming they are talking about proof of permanent residence. I guess they don't know u can use a 1st stage approval letter. I'll call the supervisor tomorrow. Hopefully I can resolve this gracefully.

Are you talking about applying health care insurance in Sask, wolanila???

You scared me cuz my case is exactly the same yours.

 

[wolanila]

Don't worry meowmeow. I think they just don't have experience processing the application with a first stage approval letter.

 

[computergeek]

Are you talking about applying health care insurance in Sask, wolanila???

You scared me cuz my case is exactly the same yours.

I thought you were in BC meowmeow - if your partner is covered, you get coverage as soon as you submit an application for PR - it does not require AIP to be eligible. See: http://www.health.gov.bc.ca/msp/infoben/pdf/covering-a-spouse-or-child-who-is-an-applicant-for-permanent-resident-status-in-canada.pdf

Remember, health care varies by province, so the rules of one province don't apply in other provinces. One interesting thing I've found in most of the provinces is that coverage for a spouse is given because the spouse is determined to be a dependent. Thus, you gain coverage, not because you qualify directly, but because your sponsor does, and as a dependent you are also covered.

I know it works that way in BC and Alberta. The wording is the same in PEI though I heard one person comment they had problems with this. Ontario's rules are that you have to have AIP on an inland application. SK's rules read similarto BC and Alberta - you're covered as a spouse living with your sponsor as a general rule (there's something in the SK wording about being required to start living together within 12 months).

But these things often require you find someone knowledgeable. My advice is to carefully read the rules, figure out why you qualify and then print out the rules and take them with you. Then when they tell you that you don't qualify, you can refer them to the printed words and ask to speak to the person in authority...

 

[wolanila]

Where can I find these rules u speak of computergeek?

 

[computergeek]

THANK YOU VERY MUCH hamedsilent and computergeek!!!

As my tourist visa will be expired on 19MAR 2013. Do I need to extend my tourist visa at the same time as applying PR and OWP?

I am very confused because someone said yes and someone said no because it will be "Implied status" (If your temporary resident visa expires after you have submitted your application for an extension of your authorization to remain in Canada, you will be considered in status as a temporary resident until a decision is made on the application. This is known as an Implied Status).

From IP 8 "Spouse or Common-law Partner in Canada Class":

In cases where status will expire during processing, it is reasonable to extend temporary resident
status, pending finalisation of processing, if the officer is satisfied that the applicant:
• has maintained their legal temporary status throughout their period of stay in Canada,
• has paid the appropriate work or study permit fee; and
• would leave at the end of their authorized stay, should the case be refused.

This is the basis for submitting the extend/change status form with your inland application. The "implied status" actually derives from the law. Here is the exact quotation from the Regulations (R183(5)):

(5) If a temporary resident has applied
for an extension of the period authorized
for their stay and a decision is not made on
the application by the end of the period authorized
for their stay, the period is extended
until
(a) the day on which a decision is made,
if the application is refused; or
(b) the end of the new period authorized
for their stay, if the application is allowed.

Thus, the regulation says that as long as your application is pending, your existing temporary status remains valid. This is what is referred to as "implied status".

 

[meowmeow]

Thanks you very much computergreek!

I have been coverd by my husband's company since last year! I have all benifits that he has including extended healthcare such as dental, glassess...That's why I dont get any problem with healthcare. I just asked wolanila to make sure that he is doing provice healthcare, not the healthcare in CIC hehe

Hope everything goes smoothy with you wolanila.

As I read some people who applied in 2010 still haven't heart anything for stage 2, my hope is gone :-[

 

[wolanila]

Lol this doesn't make sense. The rules on sask health doesn't say anything about first stage approval f pr applicants. But the agent I talked to at CIC said that of u have the AIP letter u r eligible. Maybe Saskatchewan does not allow it and the agent was mistaken? More puzzles

 

[computergeek]

Where can I find these rules u speak of computergeek?

I merely consulted a higher power - Google. Using the term "Saskatchewan Health Care" I found: http://www.health.gov.sk.ca/health-card

My reading is that you should be eligible by virtue of your marriage to your sponsor; if you are common-law class, it may be more complicated (I didn't track down the rules for SK for that - I know in AB they require five years cohabitation before you are eligible!)

It looks to me like filling out a "change of status" card for your sponsor should be sufficient. That, plus a copy of your marriage certificate, sure looks like you should be eligible as long as you are living together.

 

[computergeek]

Lol this doesn't make sense. The rules on sask health doesn't say anything about first stage approval f pr applicants. But the agent I talked to at CIC said that of u have the AIP letter u r eligible. Maybe Saskatchewan does not allow it and the agent was mistaken? More puzzles

Well, AIP for health care is true for ON, but it's not universally true - it really does require reading through the rules and regulations on the relevant website.

 

[wolanila]

H I have read that page but I thought dependants needed status in Canada to be eligible. But it seems to me that maybe u r right. It would make more sense that my family would have a right to health care in Canada as a Canadian citizen.

 

[computergeek]

H I have read that page but I thought dependants needed status in Canada to be eligible. But it seems to me that maybe u r right. It would make more sense that my family would have a right to health care in Canada as a Canadian citizen.

Well, technically the spouse needs to be living with the sponsor, so that does require status in Canada, but I don't see anything that says there is a specific status requirement.

Sometimes, these things are won by pointing out that what you want to do is allowed by the wording of the rules, since a decision against you when the rules say otherwise is exactly the sort of thing that gets someone into trouble (I did notice that SK has an appeals process for eligibility, even!) I've found most provinces are actually more generous than Ontario with respect to spousal coverage. My reading of the SK site is similar - spouse is covered because sponsor is a Canadian Citizen or PR.

 

[wolanila]

Well, technically the spouse needs to be living with the sponsor, so that does require status in Canada, but I don't see anything that says there is a specific status requirement.

Sometimes, these things are won by pointing out that what you want to do is allowed by the wording of the rules, since a decision against you when the rules say otherwise is exactly the sort of thing that gets someone into trouble (I did notice that SK has an appeals process for eligibility, even!) I've found most provinces are actually more generous than Ontario with respect to spousal coverage. My reading of the SK site is similar - spouse is covered because sponsor is a Canadian Citizen or PR.

You should apply for your card as soon as you arrive in Saskatchewan. Your spouse or partner and all dependents under the age of 18 who live with you in Saskatchewan can be covered. You must apply for a Health Services Card for each person and they must also meet the eligibility requirements. If they are in Canada as visitors or tourists, they may not be eligible for coverage. Please check with Saskatchewan Health Registration ( 1-800-667-7551).

Any thoughts on this computergeek?