Is legal status now required for In-Canada Spousal or Common-Law sponsorship?
- Thread starter Ponga
- Start date
ROOPsy said:
That's the $64k question. The change was made sometime after 01 August of this year, since the previous version of the guide (dated 2014-08-01) did not reflect the change.
Since someone at CIC had to actually make that change to the Inland Guide, somebody at CIC knows what's going on.
ROOPsy said:
Since you are currently in status and if you've sent an OWP with your application, then I don't see why you wouldn't have implied status
It's not relevant. If you don't have legal status to start with, you can't extend it under "implied status".ROOPsy said:
ROOPsy said:
I would think that it would apply to those, without status, that applied after October 22nd.
Granted, the guide language was certainly changed sometime between August 1 (previous modification date for the guide) and October 23rd, but it wasn't posted publicly until October 23rd.
zardoz said:
Hmmm...makes me wonder if CIC will still recognize implied status, since a person would technically not be out of status, right?
They will also need to update ip08 (or issue yet another Operational Bulletin) to remove the section that outlines the now defunct Public Policy.
automaton82
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Is it now necessary to stay in-status while having a PR application with an OWP in process?
My spouse's work permit expires soon, but I had no intentions of getting an extension, because this was the law for inland (she was in-status when we applied last year, and remains so until it expires). I'm not sure what I'm supposed to do now, if anything.
My spouse's work permit expires soon, but I had no intentions of getting an extension, because this was the law for inland (she was in-status when we applied last year, and remains so until it expires). I'm not sure what I'm supposed to do now, if anything.
automaton82 said:
The change to the Inland Guide last week went from:
BEFORE:
-----
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 no longer required to have legal immigration status provided that they have an eligible sponsor. All other eligibility requirements continue to apply.
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 expires.
To...AFTER:
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 expires.
-----
Implied status wasn't mentioned, but who knows if this change will impact that as well.
automaton82
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Ponga said:
The bottom text remains the same, about the permit. We did apply (OWP w/ application).
The change in the top text both say "who wish to apply." We've already applied, so I guess it's only for new applications.
thegorchess
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I am nervous. CIC is notorious for not grandfathering people. I am going to call, but I doubt that I will be able to trust the call center. From what I hear those people are uninformed.
thegorchess
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I called. The woman at the Call Center said she never heard of these changes and nothing will be changing in terms of processing. That is kinda hard to believe since she didn't even know there was a change. So it was a tad reassuring.
ACS
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thegorchess said:
I usually try to call at least 3 times with the same question...amazing how many different answers you can get.
To me it seems like the Call Center is the last one informed of changes, and not really kept up to-date. I think they are only trained on basic questions, and when you ask them anything out of the ordinary, they don't know what to say. And even basic questions, I believe they are mainly trained on how to deflect the questions...lol