INLAND APPLICATIONS 2013

[salsal31]

The warrant was issued becuz he had overstayed a work visa (by two years actually) thats another long story.. but it all worked out in the end. Anyone who overstays past 90 days a warrant is automatically issued. From what I understand, they dont really come looking for you unless they have reason to .. but, if you get yourself into any trouble, or even are innocently pulled over or questioned by police, you are done.

Since there was an immigration warrant issued for my husband for his overstay, it needs to be dealt with, and the only way to do that is to execute the warrant. However since the IO told us today that we are being approved he has the authority to fix that for us. Tomorrow, we have to return to the immigration office and they will arrest my husband, then he will be immediately released afterwards. They said they may impose some conditions on his at that time too. (ie. notify them of any address change, possibly report to an office until his PR comes) Once we get the OWP (they said within 2 weeks, it will arrive with our AIP letter) that puts him back into status again.

Oh they just have to follow procedures, you guys are sooo lucky all has worked out in 2 months. I am so happy for you. All the best, let us know when you receive your AIP and your DM.

 

[Bebecharmed]

Dawlex, congrats!!!!

 

[dawlex]

it will have been 3 months by the time the AIP letter comes, but still.. I will keep everyone up to date on our progress.. hoping that everyone else gets the same luck! I am excited for everyone else to feel the way I do today and I look forward to reading about a lot more AIPs coming soon! In the back of my mind I have to wonder though... if the reason ours happened so quick was becuz they had a lot of red flags and thought it was going to be a quick rejection.... (hubby was out of status over 2 years, we are 9 years difference in age, i have a disability, he has minimal education, we had a small backyard wedding with just a few friends - no family from either side) .. there were sooo many strikes against us, but on the other hand, we interviewed well becuz we ARE genuine .. after 8.5 years there is not much we dont know about each other, our application was complete and i would say well organized (cuz i think im ocd sometimes.. ) but most importantly i think is that we were extremely honest about everything, good and bad.

When we first entered the interview room together, the IO explained to us that when applications have many questions and they need answers that they get sent to the local office so that the couple can be interviewed. And that is what happened to us.

It could have gone either way though, IF the IO for some reason did not feel that we were a genuine couple, our application would have been refused and my hubby would have been arrested after the interviewing and I would assume be deported shortly thereafter for the overstay. As there is no appeal process with inland, we would have had to start all over again filing outland... (and likely not much fun trying to accomplish after a removal order from Canada would be on record)

 

[CANUSA31]

^How'd u get so lucky!!!! I sent mine off before you and u got AIP before me lol dammit! Congrats

 

[computergeek]

As there is no appeal process with inland...

There is always a right to apply to Federal Court for leave and judicial review. They won't overturn on H&C grounds, but they will overturn for legal or procedural reasons - like the person who was refused by the IO who refused to even consider her written documents. That's a procedural error. But because so many people think you cannot challenge a negative Inland application, bad decisions don't get challenged enough.

I'm very glad you didn't need to worry about challenging a refusal.

Our application sounds like it had a similar number of red flags (prior refusal, significant age difference, significant income disparity, very small wedding, my spouse's parents didn't know about our marriage, etc.) You were very fortunate to have been yanked out of the queue so quickly AND to have received a rapid interview.

Your case also underscores an important point: every case is unique. The published times ARE subject to variation. You were fortunate to be one of the early outliers, rather than the late outliers (we were similarly fortunate. I was looking at the relevant spreadsheet and there are people who applied in the same time frame who are just now getting PPR and I've been landed for the past six months.)

 

[thatgirl123]

Quick question for everyone: I was cleaning up the other day and I came across tax forms and realized that my husband and I have yet to change our marital status with CRA or any government official. We were married in January and now I'm worried that not having changed it right away will look suspicious. :/ Since we were both technically single in the eyes of CRA until we were married this year, I know it would not effect our taxes or the way we filed them. Should we change it now even though we've been married for nearly 4 months now?

I can't believe I forgot about this...

Actually, by law, you must change that info with CRA within 30 days ( I believe it is) the time frame info is on the Rev Can website. I suggest that you do it right away - not necessarily for immigration purposes but because CRA will have a fit ! Trust me...... I just went threw it. Along with that, you will need to submit a world income form for him when you do your taxes for 2012. You might as well just submit for 2011 now, and then 2012 when you do your next set of taxes. If you have children and qualify for child tax credit, hst, or any other credit - expect it to be put on hold until that info is updated.

 

[dawlex]

Actually, by law, you must change that info with CRA within 30 days ( I believe it is) the time frame info is on the Rev Can website. I suggest that you do it right away - not necessarily for immigration purposes but because CRA will have a fit ! Trust me...... I just went threw it. Along with that, you will need to submit a world income form for him when you do your taxes for 2012. You might as well just submit for 2011 now, and then 2012 when you do your next set of taxes. If you have children and qualify for child tax credit, hst, or any other credit - expect it to be put on hold until that info is updated.

Thatgirl is correct, Exactly what she stated just happened to me last week. My CCTB has been put on hold until I file a tax return for my husband. I stated I was married when I did my taxes, entered his name, but since he has no SIN# yet, I entered zeros for him. I had no idea he even had to file a return.. to me, it was like he was a visitor, not a resident yet, besides he was not even allowed to work, so obviously that would mean no income and make no difference on my tax return. I was very wrong about this. But I understand it now.. to RevCan, it looked like I married a tax evader!

 

[AchankengCrawford]

Sorry, but this is never true if you are a legal temporary resident of Canada. If you are without status in Canada then this is your only option.

A temporary resident of Canada is a "visitor" and may apply through their home visa office. I've done it, as have many other people - I was living in Canada legally on a work permit, but my application was processed as an Outland application. I lived in Canada the entire time the application was in process (we could have done it either way, but at the time the Inland process was 19 months and the Outland process 13 months.)

Sorry about the misinformation folks. I honestly though you had to apply inland if you were in Canada, but I'm gad there are people here much more informed than I to clean up after me!

 

[thatgirl123]

Thatgirl is correct, Exactly what she stated just happened to me last week. My CCTB has been put on hold until I file a tax return for my husband. I stated I was married when I did my taxes, entered his name, but since he has no SIN# yet, I entered zeros for him. I had no idea he even had to file a return.. to me, it was like he was a visitor, not a resident yet, besides he was not even allowed to work, so obviously that would mean no income and make no difference on my tax return. I was very wrong about this. But I understand it now.. to RevCan, it looked like I married a tax evader!

You wouldn't believe how long it takes to sort this out! Its a nightmare! SO far, they have yet to release my March, April and now May CCTB because of the calculation dates! I sent in the form immediately when I found out what happened....... that was March 21 and they are still dealing with it. They have to actually do a reassement of my taxes to determine if I am still eligible for the tax benefit ( which of course I am....because his world income is ZERO) but because its a busy time of year for Rev Can its taking a long time.

 

[dawlex]

You wouldn't believe how long it takes to sort this out! Its a nightmare! SO far, they have yet to release my March, April and now May CCTB because of the calculation dates! I sent in the form immediately when I found out what happened....... that was March 21 and they are still dealing with it. They have to actually do a reassement of my taxes to determine if I am still eligible for the tax benefit ( which of course I am....because his world income is ZERO) but because its a busy time of year for Rev Can its taking a long time.

ugh... not looking forward to THIS... RevCan told me basically the same thing.. my spouse has to file a tax return... call centre told me we r supposed to go to a Service Canada and apply for a temp SIN# (which they are going to reject) then send the rejection to RevCan requesting a temporary tax number (TTN) once we get that, file a zero income tax return for him.. then they will sort it out at their end (and yes, re-assess mine too) Did u get a letter from RevCan stating u now owe them for Jan, Feb, and March.... i just did. (mine was stopped in April.. so urs probably says just Jan and Feb)

 

[thatgirl123]

ugh... not looking forward to THIS... RevCan told me basically the same thing.. my spouse has to file a tax return... call centre told me we r supposed to go to a Service Canada and apply for a temp SIN# (which they are going to reject) then send the rejection to RevCan requesting a temporary tax number (TTN) once we get that, file a zero income tax return for him.. then they will sort it out at their end (and yes, re-assess mine too) Did u get a letter from RevCan stating u now owe them for Jan, Feb, and March.... i just did. (mine was stopped in April.. so urs probably says just Jan and Feb)

yup! but in my case they went back to Sept because that is when we got married. They also stopped GST and trillium as well........... so be prepared!! Luckily my husband actually had a temp SIN because he was here on a work program - although that visa expired the SIN remains the same for all the years he worked in Canada. If your husband ever had a work permit here in Canada, he will also still have the same SIN, so you may be able to cut some time down if that is the case. The world income form can be printed right off the Rev Can website, and then I just got him to sign his zero return and mail it in with a long letter explaining the disaster. I also requested that an agent call me with any questions etc, which she did and was very nice and helpful. Got everything sorted out, and if all goes well..... I just MIGHT get CCTB back in May!

 

[CANUSA31]

^ Hey guys (dawlex, thatgirl), I've been trying to follow your guys situation but am getting kinda confused. Would you be able to sum it up for me basically. I'm just wondering if the pain your going through might affect me at all...

My situation: Common law (engaged), inland app, I'm on a post grad work visa that expires June 18th, 2013, will have to stop working unless I get AIP and OWP granted before then. I hope this helps you in letting me know if what you guys had to go through will affect me at all.

Thanks for the time and help!

 

[thatgirl123]

^ Hey guys (dawlex, thatgirl), I've been trying to follow your guys situation but am getting kinda confused. Would you be able to sum it up for me basically. I'm just wondering if the pain your going through might affect me at all...

My situation: Common law (engaged), inland app, I'm on a post grad work visa that expires June 18th, 2013, will have to stop working unless I get AIP and OWP granted before then. I hope this helps you in letting me know if what you guys had to go through will affect me at all.

Thanks for the time and help!

Basically these scenarios only cause problem for the sponsor; when your spouse states they are married/common law on their taxes, they must also file a tax return for you (even if you had no income) and also a world income form. If this isn't doesn't done, it causes a lot of problem with the tax return and for those people who have children, it causes the system to recognize any CCTB ( child tax benefit) and any other Gov credits since the date of marriage ( or in your case common law..if you already meet that criteria) to be seen as an over-payment and they send you a huge bill, plus, all future tax credit for the family is stopped until this information is updated. Even if you had ZERO income the form and a return must still be submitted. In order to submit a tax return you need a temporary SIN number - if you do not already have one, you have to obtain one from Revenue Canada. They need to know ALL income inside or outside of Canada for the year prior to you entering Canada.

This information can then be used to recalculate other things as well - so it is just a good idea for everyone to do it correctly the first time to avoid any potential problems. It will have no effect on your Immigration file - but it is a part of the immigration experience and is important to be aware of. I hope this info helps. For more information, you could visit the Revenue Canada website, also, the forms are all there to print and complete.

 

[Nigea]

Hi
I had the same problem with CCTB after getting married in Nov. even though I sent a letter stating the money he had made working in St. Vincent for each of the past 3 years. They stopped payment for about 3 months and took my income tax refund money also. When we received his ITN and contacted CCTB with it they started my benefits and back pay. What I don't understand is why my benefits have been cut slightly(because they calculated his St. Vincent income with it). That was money made before he ever came to Canada and before we were married. His world income from Canadian sources was 0, but they wanted to know his income in St. Vincent (calculated in Can$)

 

[Lorelei]

Correct me if I'm wrong,my head is buzzing from all this forms .

If I go out of status and AIP is not made until that date,I am in implied status because OWP is still in proces?

In generic app form for canada there is a part about dependants,not realy clear about that,do I have to put all my family members(mom,dad,brother) or is it just for childern(we don't have any children).