INLAND APPLICATIONS 2013

[Line.a]

I extended my stay as a visitor just before my IEC visa ran out, and for some unknown reason they only gave me 3 months stay so knowing that it will take longer for me to get my OWP I'd have to extend it once again.. Now that won't be an issue would it?

 

[computergeek]

I extended my stay as a visitor just before my IEC visa ran out, and for some unknown reason they only gave me 3 months stay so knowing that it will take longer for me to get my OWP I'd have to extend it once again.. Now that won't be an issue would it?

Technically as long as your OWP application is pending you still have status in Canada ("implied status"). You can renew your visitor status, but legally it isn't required.

 

[computergeek]

@ computergeek
Thank u very much for the assurance. Geek, the call centre told me that my background checks were active, what do they mean by this? And why would they commence these checks before sponsor approval, or before I'm eligible?

Sadly, all I can do is speculate at this point: CIC has the ability to process your application in whatever way they deem fit. Nothing says they cannot do your security checks BEFORE they issue AIP, though normally AIP is primarily about the sponsor and the relationship according to my understanding of the manuals.

Have you requested your electronic case notes? They might give you more insight into what's really going on.

 

[minime#]

Ya Facebook is the ultimate time waster for sure, just makes me feel like a stalker. I know it's a bad thing to say, but I envy a lot of people who tells about oh ya I just graduated or they work and progress.. And I'm stuck on my own shell for a long time! I guess I'm just really negatively affected discovering that our applications will take longer lol

Omg I thought I was d only one.....Hopefully around August things will get moving again

 

[LaylaLala]

Same here! It's so frustrating. But all we can do is wait.

Omg I thought I was d only one.....Hopefully around August things will get moving again

 

[Line.a]

Technically as long as your OWP application is pending you still have status in Canada ("implied status"). You can renew your visitor status, but legally it isn't required.

Ok that sounds good. I haven't yet received my OWP and I thought it was kind of odd they gave me 3 months visiting only so they aren't going to deny it this time now that I have a PR application in process, right?

 

[computergeek]

Ok that sounds good. I haven't yet received my OWP and I thought it was kind of odd they gave me 3 months visiting only so they aren't going to deny it this time now that I have a PR application in process, right?

There's no guarantee they will renew it, but I don't see why they would refuse it - you are in status anyway (because of the pending OWP application) so there's no point to refusing it.

 

[Line.a]

There's no guarantee they will renew it, but I don't see why they would refuse it - you are in status anyway (because of the pending OWP application) so there's no point to refusing it.

Well I guess it'll be heartless of them to do as well because that means my whole inland application will be gone am I right? Just worried because I have been gone back and forth between Canada and my home country and even had a friendly warning once, so deeply inside I'm worried about it. Especially because when I last renewed it they only gave me 3 months!

 

[computergeek]

Well I guess it'll be heartless of them to do as well because that means my whole inland application will be gone am I right? Just worried because I have been gone back and forth between Canada and my home country and even had a friendly warning once, so deeply inside I'm worried about it. Especially because when I last renewed it they only gave me 3 months!

In this case, you are wrong. First, by virtue of the pending OWP application you have implied status and can remain in Canada until a decision is made on that application. In addition, it is the public policy of CIC (and CBSA) not to remove spouse/partner-in-Canada class applicants unless there is some basis other than lack of status.

People who are in Canada without status can be sponsored via the inland process.

If the applicant leaves Canada and is refused re-entry, then the application will fail because it is a statutory requirement of the spouse/partner-in-Canada class that the applicant must be living in Canada with the sponsor.

 

[Line.a]

Thank you so much, I really appreciate hearing this! So this means I won't need to extend it since its running out just over a month from now? This is great news. I had trouble understanding all these rules, so I couldn't thank you enough.

 

[computergeek]

Thank you so much, I really appreciate hearing this! So this means I won't need to extend it since its running out just over a month from now? This is great news. I had trouble understanding all these rules, so I couldn't thank you enough.

Assuming you have a temporary status application (like an OWP) pending with your PR application, then yes, you remain in status.

You'll be fine.

 

[Line.a]

Assuming you have a temporary status application (like an OWP) pending with your PR application, then yes, you remain in status.

You'll be fine.

Puts my mind at ease, thank you very much for making that clear

 

[Jamesdavid3]

But what proof does he have that he can still stay in Canada? he has only been granted 3 Months and at the end of the 3 months he would have to leave...

They stamp your passport with the date you have to leave, so what happens if you just still stay here??

I think if you re-enter Canada and they notice you didn't leave on the exact date I imagine they wouldn't be happy due to technically your staying in Canada Illegally?

I know the main issue with Implied Status, is that they don't give you any letters or proof, if only EVERYONE was sent a letter then that's clear evidence you can just continue and stay in Canada

 

[computergeek]

But what proof does he have that he can still stay in Canada? he has only been granted 3 Months and at the end of the 3 months he would have to leave...

The pending application is considered to be sufficient proof. IRPR is clear on this point - as long as you have a pending application, you are treated as if your application was granted until such time as they make a decision.

They stamp your passport with the date you have to leave, so what happens if you just still stay here??

Honestly? Nothing. I've spoken with many people who remain in Canada without status. It's not an ideal life, but people still do it all the time.

Canada does not have exit controls. They can infer that you have left from passenger manifests on airlines and what-not, but you can cross the Canada/US border without any records of it

I think if you re-enter Canada and they notice you didn't leave on the exact date I imagine they wouldn't be happy due to technically your staying in Canada Illegally?

Actually, that's not the case at all. IF you overstay, the simplest way to resolve it is to LEAVE. If you are not under a removal order, the overstay is considered to be resolved and you can be considered for temporary status once again.

If your overstay is less than 90 days, you can ask for "restoration of status". If granted, it means you didn't overstay in the first place. But it's $200 to apply for restoration of status so many people don't do it.

If you are refused, they serve you with a departure order. You have 30 days to leave; after that point your departure order becomes a deportation order. Once you are subject to a deportation order you are banned from returning to Canada for life. Of course there's a process of having the lifetime ban lifted.

I know the main issue with Implied Status, is that they don't give you any letters or proof, if only EVERYONE was sent a letter then that's clear evidence you can just continue and stay in Canada

In the past, I have used the fee receipt as evidence. But CIC doesn't view AOR as necessary on such applications because they should be processed in a short period of time.

CIC and CBSA can see you have an application pending. In my own PR application, the officer that approved it could see every application I had pending, which at the time included a work permit renewal, a TRP and a JR application (leave granted) for a prior refusal - I know this because the officer commented on it.

In the end I never did get that work permit. But I was covered by implied status while the application was pending.

 

[LaylaLala]

Nailed it once again! Out of curiosity, how is it that you know so much about Immigration Computergeek? You don't have to answer really, I'm just amazed by your knowledge on the topic. Thank you for all the help!

The pending application is considered to be sufficient proof. IRPR is clear on this point - as long as you have a pending application, you are treated as if your application was granted until such time as they make a decision.

Honestly? Nothing. I've spoken with many people who remain in Canada without status. It's not an ideal life, but people still do it all the time.

Canada does not have exit controls. They can infer that you have left from passenger manifests on airlines and what-not, but you can cross the Canada/US border without any records of it

Actually, that's not the case at all. IF you overstay, the simplest way to resolve it is to LEAVE. If you are not under a removal order, the overstay is considered to be resolved and you can be considered for temporary status once again.

If your overstay is less than 90 days, you can ask for "restoration of status". If granted, it means you didn't overstay in the first place. But it's $200 to apply for restoration of status so many people don't do it.

If you are refused, they serve you with a departure order. You have 30 days to leave; after that point your departure order becomes a deportation order. Once you are subject to a deportation order you are banned from returning to Canada for life. Of course there's a process of having the lifetime ban lifted.


In the past, I have used the fee receipt as evidence. But CIC doesn't view AOR as necessary on such applications because they should be processed in a short period of time.

CIC and CBSA can see you have an application pending. In my own PR application, the officer that approved it could see every application I had pending, which at the time included a work permit renewal, a TRP and a JR application (leave granted) for a prior refusal - I know this because the officer commented on it.

In the end I never did get that work permit. But I was covered by implied status while the application was pending.