Inland Sponsorship but out of status- HELP!!!

[mmusial15]

My husband and I applied for family class sponsorship for permanent residency July 25, 2016. I held a temporary resident permit at that time which expired on Nov 7, 2016. I was advised by the call center that no extension was needed as I held implied status. I was also told I couldn't apply for a work permit until I had the first approval letter for PR received. I called the call center on Mar 8, 2017 and asked if there was any way that I could obtain a work permit even though first approval letter had not been received and was advised that yes, since I had a permanent residency application pending I could file for an open work permit. I was advised that I was out of status and needed to get that application in soon. I asked if I needed to send a restoration with that fee as well and was advised no, due to my implied status with my PR application. I sent in the forms and money per our conversation. I just received notice that I did need to send the restoration money, and that I am out of status and past the restoration period (90 days). I sent in the paperwork six days late, and without restoration. I contacted the call center today and explained the situation and past conversations and questioned what to do now. I was advised that I am out of status and past restoration, no matter what it cannot be restored. He advised me I am illegal. Yes my application is pending for PR, but I have no status in Canada. According to him, I have zero options available to me. I was advised to just wait until the sponsorship was reviewed and wait for that approval letter, and go from there (because at that time I can try to "restore" my status). He said he didn't believe they would come to send me back to the US; they had better things to do with their time, but he couldn't really say how this will unfold. I am scared and freaking out by being unsure what I can do here....hoping someone has some answers or suggestions that will help!

 

[profiler]

My husband and I applied for family class sponsorship for permanent residency July 25, 2016. I held a temporary resident permit at that time which expired on Nov 7, 2016. I was advised by the call center that no extension was needed as I held implied status. I was also told I couldn't apply for a work permit until I had the first approval letter for PR received. I called the call center on Mar 8, 2017 and asked if there was any way that I could obtain a work permit even though first approval letter had not been received and was advised that yes, since I had a permanent residency application pending I could file for an open work permit. I was advised that I was out of status and needed to get that application in soon. I asked if I needed to send a restoration with that fee as well and was advised no, due to my implied status with my PR application. I sent in the forms and money per our conversation. I just received notice that I did need to send the restoration money, and that I am out of status and past the restoration period (90 days). I sent in the paperwork six days late, and without restoration. I contacted the call center today and explained the situation and past conversations and questioned what to do now. I was advised that I am out of status and past restoration, no matter what it cannot be restored. He advised me I am illegal. Yes my application is pending for PR, but I have no status in Canada. According to him, I have zero options available to me. I was advised to just wait until the sponsorship was reviewed and wait for that approval letter, and go from there (because at that time I can try to "restore" my status). He said he didn't believe they would come to send me back to the US; they had better things to do with their time, but he couldn't really say how this will unfold. I am scared and freaking out by being unsure what I can do here....hoping someone has some answers or suggestions that will help!

It's unlikely that they will attempt to deport you. Assuming the application for PR was inland (you said work permit), you will still be processed until "Public Policy", while being out of status. If they did come, or issued you paperwork requesting an interview, the CBSA would just ask CIC to "expedite" your PR application's AIP stage. Once you reach AIP ("eligible to apply for PR"), you can be granted the OWP and therefore restore your status.

There are many in your situation. So, try not to lose sleep over it. With that inland PR application in play, there is an extremely low risk that they would even action it. And as I said, even if they did, you would tell them you have this application in. They would contact CIC and request them to speed it up. They would defer any action.

 

[mmusial15]

Yes, we did apply inland. I have been going through eligibility stuff, etc. I was advised it usually doesn't take this long to do the sponsorship part, but they were working on it and then had to deal with some of my stuff and are back to looking at my husband. The representative couldn't divulge what all was going on, just said it is processing and I needed to wait. He didn't want to scare me, but that is what is going on with the application. He just kept telling me I was illegal and I was out of status. Even went so far as to advise me not to refer to myself as having implied status because I don't have even that. I just need to wait until I got the first stage letter and go from there to try and correct my mistake. That it is simply just black and white, no matter who made the error. Needless to say, I hung up more scared than before I called.

 

[profiler]

Yes, we did apply inland. I have been going through eligibility stuff, etc. I was advised it usually doesn't take this long to do the sponsorship part, but they were working on it and then had to deal with some of my stuff and are back to looking at my husband. The representative couldn't divulge what all was going on, just said it is processing and I needed to wait. He didn't want to scare me, but that is what is going on with the application. He just kept telling me I was illegal and I was out of status. Even went so far as to advise me not to refer to myself as having implied status because I don't have even that. I just need to wait until I got the first stage letter and go from there to try and correct my mistake. That it is simply just black and white, no matter who made the error. Needless to say, I hung up more scared than before I called.

So, your rep screwed up. OWP should have been sent together with the package -- that grants you implied status. The PR application does not imply any status until it's completed.

However, at this point, it's unlikely they will action anything. And if they do, just tell them you have a PR app in play. Give them the number, and they will get CIC to hurry up.

FWIW: I applied to sponsor my wife March 2 2016. I did not hear ANYTHING from CIC until March 21 2017 regarding that application. Others from March are starting to hear now. You may find it useful to troll in the 2016 inland thread: http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-inland-applications-2016-timeline-and-updates-t389295.0.html .

 

[scylla]

You don't have implied status. You are out of status in Canada.

You can't go back in time obviously, but what you should have done is included the open work permit application with your original application package. This would have given you implied status and would have also allowed you to benefit from the open work permit pilot (you would have had an OWP approximately four months after applying).

Anyway - what's done is done. Nothing you can really do at this point since it's too late to apply for restoration. As explained above, if you remain in Canada without status, your application should have no issues being processed - it could just take a bit longer. And yes - once you have first stage approval, you will qualify for an OWP.

So really nothing you can do but wait.

 

[scylla]

So, your rep screwed up. OWP should have been sent together with the package -- that grants you implied status. The PR application does not imply any status until it's completed.

I think "rep" refers to the CIC call centre person. I think OP filed the application without an immigration consultant or lawyer.

 

[mmusial15]

Exactly, representative within the call centre is what I was referring to. I was advised by them initially that I could not apply for an open work permit until I had my first approval letter for PR received, which is why I did not sent OWP with PR inland application. If I had known, I wouldn't be in this situation. Unfortunately, yes I cannot rewind time. I just worry about what to do next. The call centre representative made it sound like its taking a little longer than normal to go through the sponsorship part of the application, and that it should have already been completed by now. (but as he said, but I don't want to scare you- just you will have to wait and unsure how long that will be).

So, I wait and hope no deportation officers come knocking on my door.

 

[scylla]

Don't worry - the chances someone is going to come knocking at your door are pretty much nil.

The part that sucks for you about this situation is the much longer wait for an open work permit. For future reference, the call centre cannot be relied upon to answer even the most basic questions. Sad but true.

 

[ADRIANMR]

Exactly, representative within the call centre is what I was referring to. I was advised by them initially that I could not apply for an open work permit until I had my first approval letter for PR received, which is why I did not sent OWP with PR inland application. If I had known, I wouldn't be in this situation. Unfortunately, yes I cannot rewind time. I just worry about what to do next. The call centre representative made it sound like its taking a little longer than normal to go through the sponsorship part of the application, and that it should have already been completed by now. (but as he said, but I don't want to scare you- just you will have to wait and unsure how long that will be).

So, I wait and hope no deportation officers come knocking on my door.

So what a the end of the history any news ?

 

[Prettyjhazz]

So what a the end of the history any news ?

Following as my husband was out of status too

 

[GIE34]

Following as my husband was out of status too

Just want to share my experience. I was out of status for more 10 yrs. I cam e here under live-in caregiver program, though I finished the 2 yrs wasn't able to pass my application of permanent residence, until I became out of status.
I got married 2010, and around 2014 we hired a lawyer to help us with the papers, but it didn't push thru. I feel he can't really help that much coz the first thing he told me have to have my medical , which is not correct, so we cancelled it, there goes the initial payment of $1500 non refundable, at least I don't get to paid the whole 5 grand.
So by March 2017, I sent them my inland application was returned due to lack of documents.
By Sept 2017, I send my application, got AOR by Dec, asking for police clearance.
April 2018,got a medical examination request.
Sept 21, they send me email asking for a valid copy of my passport.
Sept 25 , I got my AIP, SA approval
Oct 9 received landing invitation
Oct 16, was landed in Etobicoke.
So for those who are out status don't worry,as long as the relationship is genuine no worries. And no CBSA will come knocking out on your door, just stay away from trouble.

 

[Catems]

My husband and I applied for family class sponsorship for permanent residency July 25, 2016. I held a temporary resident permit at that time which expired on Nov 7, 2016. I was advised by the call center that no extension was needed as I held implied status. I was also told I couldn't apply for a work permit until I had the first approval letter for PR received. I called the call center on Mar 8, 2017 and asked if there was any way that I could obtain a work permit even though first approval letter had not been received and was advised that yes, since I had a permanent residency application pending I could file for an open work permit. I was advised that I was out of status and needed to get that application in soon. I asked if I needed to send a restoration with that fee as well and was advised no, due to my implied status with my PR application. I sent in the forms and money per our conversation. I just received notice that I did need to send the restoration money, and that I am out of status and past the restoration period (90 days). I sent in the paperwork six days late, and without restoration. I contacted the call center today and explained the situation and past conversations and questioned what to do now. I was advised that I am out of status and past restoration, no matter what it cannot be restored. He advised me I am illegal. Yes my application is pending for PR, but I have no status in Canada. According to him, I have zero options available to me. I was advised to just wait until the sponsorship was reviewed and wait for that approval letter, and go from there (because at that time I can try to "restore" my status). He said he didn't believe they would come to send me back to the US; they had better things to do with their time, but he couldn't really say how this will unfold. I am scared and freaking out by being unsure what I can do here....hoping someone has some answers or suggestions that will help!

How’s your application now?

 

[Calm2019]

Just want to share my experience. I was out of status for more 10 yrs. I cam e here under live-in caregiver program, though I finished the 2 yrs wasn't able to pass my application of permanent residence, until I became out of status.
I got married 2010, and around 2014 we hired a lawyer to help us with the papers, but it didn't push thru. I feel he can't really help that much coz the first thing he told me have to have my medical , which is not correct, so we cancelled it, there goes the initial payment of $1500 non refundable, at least I don't get to paid the whole 5 grand.
So by March 2017, I sent them my inland application was returned due to lack of documents.
By Sept 2017, I send my application, got AOR by Dec, asking for police clearance.
April 2018,got a medical examination request.
Sept 21, they send me email asking for a valid copy of my passport.
Sept 25 , I got my AIP, SA approval
Oct 9 received landing invitation
Oct 16, was landed in Etobicoke.
So for those who are out status don't worry,as long as the relationship is genuine no worries. And no CBSA will come knocking out on your door, just stay away from trouble.

Thanks for sharing your story and experience really good to know that success and approval of spousal sponsorship application isn’t possible even for us whose been out of status for a while or even longer for some(We really prayed) for the success no matter how long it could take the most important thing is not to be saparated from our family it’s a devastating experience.

But with regards to CBSA until now I was thinking how come there are some people caught by them and it doesn’t really matter how long or short the person overstayed maybe they really picked randomly, I really don’t know how.

Just really hoping that PR will be very soon for them.

Again thanks for your story such an inspiration!

 

[ijustwantmypassport]

Me and my spouse applied for Inland on October 2019, his expiration date was on December 4th 2019. We had gotten our application returned twice, first for our marriage certificate and secondly for our additional family information, they needed his parents information. We sent it out December 3rd and they received it on December 5th. When we got our application the second time, they had already gone through our application and check marked our Background, General Application, etc.

We did not include OWP because we wanted to apply online once we received our AOR, we are wondering what will happen since he is out of status. Thank you

 

[Qui10]

Just want to share my experience. I was out of status for more 10 yrs. I cam e here under live-in caregiver program, though I finished the 2 yrs wasn't able to pass my application of permanent residence, until I became out of status.
I got married 2010, and around 2014 we hired a lawyer to help us with the papers, but it didn't push thru. I feel he can't really help that much coz the first thing he told me have to have my medical , which is not correct, so we cancelled it, there goes the initial payment of $1500 non refundable, at least I don't get to paid the whole 5 grand.
So by March 2017, I sent them my inland application was returned due to lack of documents.
By Sept 2017, I send my application, got AOR by Dec, asking for police clearance.
April 2018,got a medical examination request.
Sept 21, they send me email asking for a valid copy of my passport.
Sept 25 , I got my AIP, SA approval
Oct 9 received landing invitation
Oct 16, was landed in Etobicoke.
So for those who are out status don't worry,as long as the relationship is genuine no worries. And no CBSA will come knocking out on your door, just stay away from trouble.

Hi Gie,
I checked the requirements and saw "police clearance." i cant get nbi clearance because my passport expired and consulate not rewing my expired passport wihtout valid status.... how u able to got your nbi without valid passport? pls reply i need help.