INLAND APPLICATIONS 2014

[dr_anich]

Hello everyone!

I'm in a bit of a bind here, so I hope somebody can help me. I am married to a Canadian Citizen and I have a child who is also canadian. I came to Canada on a Tourist Visa March 2013 and submitted my PR application July 2013. I got my letter yesterday saying I am eligible for Permanent Residency and that I need to undergo a medical. That's all good. However, my husband earlier this year got a job offer back in Manila (where we are from) and decided to take it - which means he is scheduled to go back to Manila within a month . Will this affect my application? Can I go back to Manila and continue my application from there? Would it be possible to stay in Manila for a couple of months and come back to complete my application? I'm so confused! Pls help!

 

[Ponga]

Hello everyone!

I'm in a bit of a bind here, so I hope somebody can help me. I am married to a Canadian Citizen and I have a child who is also canadian. I came to Canada on a Tourist Visa March 2013 and submitted my PR application July 2013. I got my letter yesterday saying I am eligible for Permanent Residency and that I need to undergo a medical. That's all good. However, my husband earlier this year got a job offer back in Manila (where we are from) and decided to take it - which means he is scheduled to go back to Manila within a month . Will this affect my application? Can I go back to Manila and continue my application from there? Would it be possible to stay in Manila for a couple of months and come back to complete my application? I'm so confused! Pls help!

If you submitted an Inland application, you must remain in Canada until you complete the PR process.

 

[sophieee]

If you submitted an Inland application, you must remain in Canada until you complete the PR process.

Just in theory, if they leave the country after doing the medical, ask someone to forward their letters, and they are able to come back for the landing interview with a visitor visa - strictly in theory - wouldn't she be able to land and became a PR? Can she apply for visitor visa from outside Canada while her PR is in process?


dr_anich, do you know exactly which day was your application received? I'm just curious about the processing time. Thanks.

 

[lounge]

Hi All just a quick question, applying for OWP with Inland PR will cost how much apart from $1040.
Thanks all, i really appreciate

 

[omariewk1]

$155 for the OWP

 

[computergeek]

Some here apparently do not agree that there is such a statutory requirement at all. Plus CIC would know of the overstay, since the applicant would have to show where s/he had been living in the application. At the very least that could lead CIC to send the application to LA or NY (for an American) and they would not benefit from the faster processing time of CPC-O.

I can see a couple of ways that CIC could reasonably reach this conclusion.

Probably the best is described OP 18 (a/k/a ENF 2 "Evaluating Inadmissibility"). See section 10. By remaining in Canada without status, a foreign national has contravened IRPA and/or IRPR, which makes them inadmissible. Someone who is inadmissible is not eligible to become a permanent resident (though the TRP process can be used to overcome inadmissibility).

In addition, I can see an argument for some foreign nationals based on IRPR Section 11:

11. (1) An application for a permanent resident visa — other than an application for a permanent resident visa made under Part 8 — must be made to the immigration office that serves
(a) the country where the applicant is residing, if the applicant has been lawfully admitted to that country for a period of at least one year; or
(b) the applicant's country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.

The interpretation of this is covered (extensively) in OP 1 Section 5.17. What's interesting is that it says the family of the applicant need not have legal status. But it does say the applicant has legal status.

So a US applicant is barred from applying if they are in Canada unlawfully because they must apply to CPC-O, yet are barred from applying to CPC-O by this same section. There is (as far as I could find) any case law on this point, however, but this seems to be a "plain language" interpretation of what the regulations say.

Bottom line: I'm sure applicants "get away" with this because nobody at CIC notices. But that doesn't mean it isn't a potential source of problems. We see PRs that are in violation of the residency obligation get back into Canada all the time - they're lucky that they don't get caught, but nobody argues that they won't.

 

[Ponga]

Great detective work computergeek.

The $64k question is whether or not the lack of status will prevent an Outland applicant (in Canada, obviously) from being approved for PR. To me, it seems odd that if the legal status is not required, there would be similar language in the Outland guide, to match what is listed in the Inland guide.

 

[angelpot11]

Yes. Further, if his work permit is not one of the non-extendable type (IEC, PGWP) then his OWP application would provide him with implied status and he may continue working (as far as CIC is concerned. Some employers are not comfortable with implied status).

Hi Computergreek,

Thank you so much for your help, Just want to ask what you mean by non extendable type of WP what is IEC PGWP? thank you my husband work in pizza restaurant by the way is it exrendable? thanks again.

Angelpot11

 

[shaqhal]

hello everyone...

from the timeline, it looks like the last AOR was may 22nd, has anyone that has had their app in missisauga for three months without getting AOR been able to see their app online in ecas?

 

[Simkr]

my application was received on march 12, 2014..still awaiting update

 

[Monkeyfish]

I see the CIC website has updated its processing times/family sponsorship to "Working on applications from July 11, 2013"! hahaaa, it sure takes a while. Sigh. :

 

[computergeek]

I see the CIC website has updated its processing times/family sponsorship to "Working on applications from July 11, 2013"! hahaaa, it sure takes a while. Sigh. :

Two years ago (2012) the processing time for AIP was ~11 months (it had varied from 11-12 months for almost a year). By the end of that summer the processing time for AIP was under 6 months. So those times can change quickly, especially once they have the new process flowing. But every time there's been a significant processing change like this we see an initial backup.

So don't give up hope. You might find that by September they're working on March 2014 applications... it's difficult to tell.

 

[qbncouple]

Quote from: computergeek on June 06, 2014, 11:24:59 pm


Thanks so much for your response Computergeek!!! Apreciate the help!!!! you guys make this forum amazing!!

thanks again!!!

 

[lounge]

Hi All,
Parents of principal applicant not able to attend the wedding taking place in Canada,due to financial constraint,can that pose any red flag on inland application?
Thanks All

 

[computergeek]

Parents of principal applicant not able to attend the wedding taking place in Canada,due to financial constraint,can that pose any red flag on inland application?

Not particularly, no. It doesn't strengthen the claims of legitimacy, but people have all sorts of reasons for not attending the weddings of a child.

When my spouse and I married, neither of our families even knew about it, let alone attended it. But we have plenty of other evidence that our relationship was genuine.