Inland spousal sponsorship - does she need to renew visitor visa?

[chatsubo20]

When we applied for the inland spousal sponsorship, we believed that she would have the right to stay indefinitely in Canada while the application was being processed. But now I've read a few threads about getting a visitor visa extension during the process, or submitting a OWP ... so I've got some doubts.

Does my wife need to extend her visitor visa while we wait, and is there the possibility of them denying the extension?

Thanks all!

Ian

 

[Ponga]

Since your wife did not include an OWP (or a study permit) application with her Inland sponsorship application, she will not benefit from `implied status'.
It's too late to submit either one now, as she will have to wait for AIP (first stage approval) before she can do so.

While she doesn't need legal status to have applied for sponsorship, if she loses her status she may be removed from Canada (which would kill her Inland application). Many people believe that CBSA will not take action to remove a person with an Inland application, but CIC's website states that a person without status "can be removed at any time...".

My suggestion would be to apply to extend her status...for your own peace of mind.

 

[chatsubo20]

Thanks for the reply, Ponga!

We will definitely extend her visitor visa, though I did read elsewhere : As long as you are not "removal ready" or eligible for removal for a basis other than "lack of status", the public policy is that the filing of an inland application stays further removal processing until CIC has made a decision on the application.

 

[Ponga]

That sounds like the CBSA Administrative Deferral of Removal policy, that apparently ended in November of 2011. Many people still believe that CBSA still honours that policy, but...who knows for sure.


AFAIK, if CBSA is alerted that a person is in Canada without status, with a pending Inland application, they will (at their discretion) contact CIC and request that they expedite the application to AIP status, within 60 days. If CIC does not (or the applicant is denied AIP), they would then enforce removal action.

Submitting either an OWP or a Study Permit WITH an Inland application, is what offers the protection of implied status. Submitting an Inland application alone, does not.

 

[chatsubo20]

I have also read that you cannot apply for an OWP at the same time as sponsorship, since January 2014.

 

[Ponga]

I have also read that you cannot apply for an OWP at the same time as sponsorship, since January 2014.

That is not true.

It was rumored to be true, after CIC switched processing centers from Vegreville to Mississauga (for Inland applications). Since OWP's are still processed in Vegreville, many members `assumed' that they could no longer send an OWP with their Inland application. It was later discovered that this is still acceptable by CIC and that they would internally route the OWP back to Vegreville.

If a person does NOT submit OWP with the Inland application, they must now wait until they have AIP to then submit the OWP application.

 

[chatsubo20]

That's very interesting. I just wish we had applied outland, but since she was already living with me in Canada at the time (July 2014), we assumed inland was the right way to go. And now we'll have to play the waiting game ...

We'll apply to extend her visitor visa, and I suspect that should be no problem, given the inland PR application which is pending.

Any thoughts on whether it's worth cancelling the inland, and going outland instead?

 

[MissRepresentation]

I just wish we had applied outland, but since she was already living with me in Canada at the time (July 2014), we assumed inland was the right way to go.

Any thoughts on whether it's worth cancelling the inland, and going outland instead?

We were in the exact same situation and applied at the same time as you did (July). I applied for a visitor extension at the time and just received a 1-year extension today. A couple of days ago we emailed CIC to withdraw the inland application and we'll be submitting an outland app once my police certificates come through.

 

[Ponga]

That's very interesting. I just wish we had applied outland, but since she was already living with me in Canada at the time (July 2014), we assumed inland was the right way to go. And now we'll have to play the waiting game ...

We'll apply to extend her visitor visa, and I suspect that should be no problem, given the inland PR application which is pending.

Any thoughts on whether it's worth cancelling the inland, and going outland instead?

You're not alone. MANY people choose Inland if they have their spouse/partner with them in Canada, because it is NOT clear that an Outland application is an option for them! In hindsight, it's not too difficult to find this information, but when you're `in the heat of applying' it's about as cryptic as it can be!

If you only applied 2 months ago, and if your wife/partner is from a visa-exempt country with a faster processing time than Inland...you should seriously consider withdrawing your application NOW and re-submitting an Outland package. Yes...it will be a pain and you will likely need to pay all of the fees again, while you wait for a refund (which takes up to 16 weeks). You may be able to use the same receipt, which would be ideal, but you'd need to call CIC and find out if that's an option for you.

As an example, an American (without any red flags, or `issues' in their application) is completing the entire process in under 6 months. This is never a guarantee as occasionally the application IS sent to either LA or NY (and not processed in Ottawa, where the vast majority are processed), which would lead to a much longer wait for PR.


There have been a few recent members that have done this, so it's not that crazy to even consider!

Good luck!

 

[chatsubo20]

MissRepresentation, thanks for sharing your experience! I'm very tempted to do the same thing as you ... I think we'd want to have the visa extension in hand before we cancel the inland one though.

Do you think you'll get your application fee back?

 

[chatsubo20]

Ponga, thanks a lot for all your feedback!

My wife is from Taiwan (they use the HK office) - stage 2 processing is 8 months, and stage 1 is very fast (47 days I think).

I think my only concern would be the medical check - we did an up-front one already and I'm not sure if we can re-use that one or not. She's pregnant now and we wouldn't be able to get a chest x-ray if we had to do it again.

 

[MissRepresentation]

Do you think you'll get your application fee back?

Who knows. I phoned the call centre before withdrawing to ask about this and got nothing as the agent kept saying "it depends on your individual situation". Yeah, well, I'm explaining my individual situation to you and you're still unable to help! We know that the $75 sponsorship fee is definitely gone. I got this in writing from CIC:

The CPC will review your request and let you know if it has been accepted. Please note that if a final decision has been made, the withdrawal request will not be accepted and you will have to respect your sponsorship obligations.

If your withdrawal request is accepted, a refund should be issued within 16 weeks.

The amount of the refund will depend on the processing stage of your application:

If the processing of your application has not yet started, you will be refunded the total amount.
If the processing of your application has started, but we have not made a decision on your eligibility to sponsor, you will be refunded the Right of Permanent Residence Fee (RPRF) and all processing fees, but not the $75 sponsorship fee.
If the processing of your application has started and we have already made a decision on your eligibility to sponsor, only the RPRF will be refunded.


Once we're ready to send the new application I'll call them to see if we can still use the same receipt, but I highly doubt it.

I hope this helps!

 

[MissRepresentation]

My wife is from Taiwan (they use the HK office) - stage 2 processing is 8 months, and stage 1 is very fast (47 days I think).

In this case I think going outland would be a better option. My visa office is Paris which also has an 8-month processing time timeline.

 

[chatsubo20]

Are you not worried they'll call you for an interview? Of course, Paris is a lot closer than HK

 

[Ponga]

Ponga, thanks a lot for all your feedback!

My wife is from Taiwan (they use the HK office) - stage 2 processing is 8 months, and stage 1 is very fast (47 days I think).

I think my only concern would be the medical check - we did an up-front one already and I'm not sure if we can re-use that one or not. She's pregnant now and we wouldn't be able to get a chest x-ray if we had to do it again.

Her medical is valid for 1 year.