Inland Spousal Sponsorship stuck in background check

[Aromatic_emu]

Hello all!
We applied for spousal sponsorship on September 2021. Our application was automatically sent to the Mississauga processing center. We did medicals and bio metrics on February 2022. We got settlement services letter in July 2022. We got approval in principle in August 2022 and the sponsor was approved in September 2022. We were advised at that time to just wait for PR so we didn't request an open work permit. By January 2023 things weren't moving so we applied for it. In January we also ordered notes through ATIP and confirmed that officers were satisfied that our relationship was genuine. So all that kept being worked on was the background check. Eligibility, medicals and criminality were passed. By June 2023 our MP told us for the very first time that our application was being treated as "non routine" and that timelines no longer applied. Similarly, we got a letter saying that the open work application was being sent to the Etobicoke processing center (no reason given). I just request notes again from IRCC and CBSA. Wondering if anyone has had similar experiences and what we can expect?

 

[scylla]

Hello all!
We applied for spousal sponsorship on September 2021. Our application was automatically sent to the Mississauga processing center. We did medicals and bio metrics on February 2022. We got settlement services letter in July 2022. We got approval in principle in August 2022 and the sponsor was approved in September 2022. We were advised at that time to just wait for PR so we didn't request an open work permit. By January 2023 things weren't moving so we applied for it. In January we also ordered notes through ATIP and confirmed that officers were satisfied that our relationship was genuine. So all that kept being worked on was the background check. Eligibility, medicals and criminality were passed. By June 2023 our MP told us for the very first time that our application was being treated as "non routine" and that timelines no longer applied. Similarly, we got a letter saying that the open work application was being sent to the Etobicoke processing center (no reason given). I just request notes again from IRCC and CBSA. Wondering if anyone has had similar experiences and what we can expect?

I would read through the posts in the Etobicoke thread and post your questions there: https://www.canadavisa.com/canada-immigration-discussion-board/threads/spousal-application-transferred-to-etobicoke.574667/page-148

Good luck.

 

[Aromatic_emu]

I would read through the posts in the Etobicoke thread and post your questions there: https://www.canadavisa.com/canada-immigration-discussion-board/threads/spousal-application-transferred-to-etobicoke.574667/page-148

Good luck.

Thanks! I have read the whole thread but no one mentions non routine applications, or having two applications in two different offices.... So we are a little confused.

 

[scylla]

Thanks! I have read the whole thread but no one mentions non routine applications, or having two applications in two different offices.... So we are a little confused.

Basically anything that goes to Etobicoke is non-routine.

I would post there all the same.

I'm assuming you've kept your status valid in Canada since submittng the spousal sponsorship application either through extending your visitor status or having separate student visa or work permit status.

 

[Aromatic_emu]

Basically anything that goes to Etobicoke is non-routine.

I would post there all the same.

I'm assuming you've kept your status valid in Canada since submittng the spousal sponsorship application either through extending your visitor status or having separate student visa or work permit status.

I was out of status when we started the process, but i currently have implied status given the sponsorship process.

 

[scylla]

I was out of status when we started the process, but i currently have implied status given the sponsorship process.

You don't, actually. You are still out of status.

That would explain why your application is non-routine.

Submitting the spousal sponsorship application does not give you status or implied status in Canada.

 

[Aromatic_emu]

You don't, actually. You are still out of status.

That would explain why your application is non-routine.

Submitting the spousal sponsorship application does not give you status or implied status in Canada.

That's interesting. Every lawyer we have talked to has alluded to this.... Plus we know a number of people who are out of status whose application hasn't been flagged as "non-routine"‍

 

[scylla]

That's interesting. Every lawyer we have talked to has alluded to this.... Plus we know a number of people who are out of status whose application hasn't been flagged as "non-routine"‍♀

I'm not sure what the lawyer alluded to. The implied status? If so, that was incorrect. You are definitely still out of status. The sponsorship application itself gives you no status in Canada at all. What would give you status / implied status is the OWP application. However to have implied status, the OWP application must have been submitted while you still had valid status in Canada. In your case, the OWP was submitted after you had lost status so you remain out of status in Canada to this day.

There are certainly people who are out of status and who get their applications processed without the application becoming non-routine. However being out of status increases the chances of longer processing times / non-routine.

Anyway, see what your notes say when you get them. Hopefully you hear something soon.

 

[Aromatic_emu]

Thanks for that. Yes, waiting for the notes. Last time i got them, there seemed to be no "red flags". Sigh...

 

[WaitingUSAtoCAN]

See my signature for my timeline, after reading yours I will apply for the open work permit having just received AIP on Application #2. I am also out of status. But my application from October 2021 is a bit different then yours. The background check on that one took 7 months. I haven't spoke to any MPs regarding my situation.

I read somewhere that if you get the OWP approved then it comes with temporary status and with the AIP you can apply for OWP out of status is there anyone who can confirm this?

Being that yourself/partner have been out of status all this time I assume that you/they haven't traveled out of the country?

 

[Aromatic_emu]

Once you get the OWP you are "legally" in the country, and have status as a worker while your PR is finalized, i am told. We, however, have been recommended to not leave the country until the PR is sorted because numerous people encounter that CBSA officers can deny them entry even with an OWP.

 

[WaitingUSAtoCAN]

Once you get the OWP you are "legally" in the country, and have status as a worker while your PR is finalized, i am told. We, however, have been recommended to not leave the country until the PR is sorted because numerous people encounter that CBSA officers can deny them entry even with an OWP.

With all that said and some considerations and some historical bad encounters with CBSA officers at the border I wouldn't rely on the OWP for restoration of status post AIP. I guess it would be the same as when you apply for restoration of status it doesn't protect a person from the flag of having overstayed previously.

 

[Aromatic_emu]

Yep. Therefore why it is recommended that one doesn't leave the country until you have a PR card.