INLAND APPLICATIONS 2014

[shyla36]

hi shyla how did u send ur marriage certificate? Did u include a cover page?

Hi anng. Yes, put all your details like uci, date of birth i even included my file number just to be safe. I asked them to attach to my existing file

 

[shyla36]

Where to get record of solemnization?we just submitted a marriage certificate from the registry here in Alberta

Theres no record of solemnization in alberta. We had our wedding in ontario and MArriage cert comes in 3 mos after so in lieu of that i used the record of solemn

 

[Diva Diva]

Apart from a birth certificate what else does one need to submit for a child who is canadian by birth, she's only 4months.

 

[azarme09]

Hi!

I posted this sometime ago. Might help you: http://www.canadavisa.com/canada-immigration-discussion-board/sample-letter-proof-of-urgency-marriage-certificate-ontario-t190108.0.html

Pls did anyone here submit a solemnization of marriage instead of the marriage certificate. Our marriage certificate isnt ready yet but we have the solemnization of marriage.

 

[Guapa]

Hi guys,

I know the question regarding visa extension during inland application was discussed before, but i still want to clarify few things.

We are applying INLAND with OWP (at the same time). Our application will be sent next week. My wife's visitor visa expires at the beginning of November (Nov 9th). Our lawyer says its not necessary to extend visa. She said that even if we don't submit OWP, visa extension is still not needed. Roll Eyes

I just want to know where i can find information that states that if you submit OWP, you have implied status. (links from a good sourse would be great).

Another question, if you have "implied status" via OWP and dont get visa extension, is there a chance to have issues with CBSA. We are not planning to travel outside Canada.

For example, if you apply for visa extension and it's denied, can she still stay in Canada during the inland application process?

Thank you very much for your help.

 

[Alurra71]

Hi guys,

I know the question regarding visa extension during inland application was discussed before, but i still want to clarify few things.

We are applying INLAND with OWP (at the same time). Our application will be sent next week. My wife's visitor visa expires at the beginning of November (Nov 9th). Our lawyer says its not necessary to extend visa. She said that even if we don't submit OWP, visa extension is still not needed. Roll Eyes

I just want to know where i can find information that states that if you submit OWP, you have implied status. (links from a good sourse would be great).

Another question, if you have "implied status" via OWP and dont get visa extension, is there a chance to have issues with CBSA. We are not planning to travel outside Canada.

For example, if you apply for visa extension and it's denied, can she still stay in Canada during the inland application process?

Thank you very much for your help.

As long as you include the OWP application WITH the sponsorship application files you will benefit from implied status. The implied status comes because of the OWP application itself. You are applying to change/extend the conditions of your current stay and until a decision is made on that you benefit from the implied status that you currently hold. So long as you have a current status then you have implied status until the OWP is either accepted or denied. Did that help clear it up for you at all?

If you apply for an extension OTHER THAN the OWP and it is denied then NO, she can not legally stay in Canada. If you apply for a different extension and it is denied it is usually stated on the denial letter that you have 30 days to leave Canada. If you do not leave on your own it could turn into a deportation order and get messy with CBSA.

If you have no plans to leave Canada at all while you wait for your sponsorship approvals and such, then just include the OWP and she will have implied status when her current visa runs out.

Best of luck to you!

 

[Smsm81]

Hi guys,

I know the question regarding visa extension during inland application was discussed before, but i still want to clarify few things.

We are applying INLAND with OWP (at the same time). Our application will be sent next week. My wife's visitor visa expires at the beginning of November (Nov 9th). Our lawyer says its not necessary to extend visa. She said that even if we don't submit OWP, visa extension is still not needed. Roll Eyes

I just want to know where i can find information that states that if you submit OWP, you have implied status. (links from a good sourse would be great).

Another question, if you have "implied status" via OWP and dont get visa extension, is there a chance to have issues with CBSA. We are not planning to travel outside Canada.

For example, if you apply for visa extension and it's denied, can she still stay in Canada during the inland application process?

Thank you very much for your help.

1- Fire your lawyer
2- Send OWP wit the application
3- After receiving AOR apply for visa extension... if it was refused she can still be in Canada legally as you already sent OWP with the application.

 

[Ponga]

Repeat step 1
Skip step 3

The lawyer either has inside information that CBSA does not care about status with an Inland application, or...she's sadly mistaken.

 

[computergeek]

If you apply for an extension OTHER THAN the OWP and it is denied then NO, she can not legally stay in Canada. If you apply for a different extension and it is denied it is usually stated on the denial letter that you have 30 days to leave Canada. If you do not leave on your own it could turn into a deportation order and get messy with CBSA.

Note that this statement is at odds with both public policy and normal CBSA processing (CBSA enforces removal orders). See IP-08 Appendix H. http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf

From prior cases, normally CIC does not send a departure order with a refused application. A departure order is a legal order - enforced by CBSA but issued by CIC or CBSA - advising a foreign national that they must leave Canada within 30 days. Failure to do so means the order becomes a deportation order.

If you are given a departure order seek legal counsel. Not a "consultant" and not someone on a public forum. Fortunately, legal status in Canada is not a requirement for the spouse/partner in Canada class application, so that's why an attorney will say things like "it doesn't matter". It is best to maintain legal status, but for inland it isn't required (and I've seen Outland cases where the applicant was in Canada unlawfully, but CIC didn't figure that out so it didn't cause a problem - definitely NOT a recommended course of action!)

 

[Smsm81]

Note that this statement is at odds with both public policy and normal CBSA processing (CBSA enforces removal orders). See IP-08 Appendix H. http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf

From prior cases, normally CIC does not send a departure order with a refused application. A departure order is a legal order - enforced by CBSA but issued by CIC or CBSA - advising a foreign national that they must leave Canada within 30 days. Failure to do so means the order becomes a deportation order.

If you are given a departure order seek legal counsel. Not a "consultant" and not someone on a public forum. Fortunately, legal status in Canada is not a requirement for the spouse/partner in Canada class application, so that's why an attorney will say things like "it doesn't matter". It is best to maintain legal status, but for inland it isn't required (and I've seen Outland cases where the applicant was in Canada unlawfully, but CIC didn't figure that out so it didn't cause a problem - definitely NOT a recommended course of action!)

Fortunately, legal status in Canada is not a requirement for the spouse/partner in Canada class... That might not be true nowadays with the new update on CIC website http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

Maintaining legal status

Spouses and common law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are required to have legal immigration status in order to qualify under the Spouse or Common-law partner in Canada class.

Important information. Applicants who wish to be able to continue to work and study in Canada must submit an application for extension before the work or study permit

 

[Ponga]

Fortunately, legal status in Canada is not a requirement for the spouse/partner in Canada class... That might not be true nowadays with the new update on CIC website http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

Maintaining legal status

Spouses and common law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are required to have legal immigration status in order to qualify under the Spouse or Common-law partner in Canada class.

Important information. Applicants who wish to be able to continue to work and study in Canada must submit an application for extension before the work or study permit

Wow! I see that the webpage referenced above was updated this month. Either CIC has changed the requirement, or it's a mistake.

Hmmm...this could be a game changer for those that have not yet applied if they are out of status.

 

[Smsm81]

Wow! I see that the webpage referenced above was updated this month. Either CIC has changed the requirement, or it's a mistake.

Hmmm...this could be a game changer for those that have not yet applied if they are out of status.

It could even affect on those who applied and were out of status, retroactively .

 

[Ponga]

It could even affect on those who applied and were out of status, retroactively .

I would think that a person that has received AOR prior to this update would still benefit from the previous policy (that was in place since Feb 2005).

 

[Carlaganda23]

I would think that a person that has received AOR prior to this update would still benefit from the previous policy (that was in place since Feb 2005).

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

What do u think about that? It definitely oppose the statement in the guidelines. They're confusing

 

[Carlaganda23]

I would think that a person that has received AOR prior to this update would still benefit from the previous policy (that was in place since Feb 2005).

I wouldn't think, they changed it, if it's amendment since 2005. They can't do anything after the law has been passed. It is their guidelines in Immigration and refugee Protection Act and whatever decision they will have, they will follow the guidelines and procedure that has been amended already, I would think...