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Is legal status now required for In-Canada Spousal or Common-Law sponsorship?

ROOPsy

Full Member
Sep 12, 2014
32
1
Hello All

What does this statement mean actually? Will it impact the Implied Status? I have recently applied but recieved no AOR and my status going to expire in February 2015. Will it impact the implied status?

Thank you
 

Ponga

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Oct 22, 2013
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ROOPsy said:
Hello All

What does this statement mean actually? Will it impact the Implied Status? I have recently applied but recieved no AOR and my status going to expire in February 2015. Will it impact the implied status?

Thank you
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.
 

beholder69

Hero Member
Oct 9, 2011
489
20
ROOPsy said:
Hello All

What does this statement mean actually? Will it impact the Implied Status? I have recently applied but recieved no AOR and my status going to expire in February 2015. Will it impact the implied status?

Thank you
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
 

zardoz

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Feb 2, 2013
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Canada
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ROOPsy said:
Hello All

What does this statement mean actually? Will it impact the Implied Status? I have recently applied but recieved no AOR and my status going to expire in February 2015. Will it impact the implied status?

Thank you
It's not relevant. If you don't have legal status to start with, you can't extend it under "implied status".
 

ROOPsy

Full Member
Sep 12, 2014
32
1
Thank you..
I believe it is for the persons who will apply or applied after August 1st with an expired status.
 

Ponga

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Oct 22, 2013
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ROOPsy said:
Thank you..
I believe it is for the persons who will apply or applied after August 1st with an expired status.
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.
 

Ponga

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Oct 22, 2013
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zardoz said:
It's not relevant. If you don't have legal status to start with, you can't extend it under "implied status".
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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Aug 28, 2013
354
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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.
 

Ponga

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Oct 22, 2013
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automaton82 said:
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.
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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Aug 28, 2013
354
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App. Filed.......
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28-01-2014
Med's Done....
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Interview........
AIP 30-04-2015 // DM 06-05-2015
LANDED..........
19-05-2015 // PR card 28-08-2015
Ponga 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.
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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Jun 18, 2014
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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.
 

Smsm81

Hero Member
Oct 24, 2012
298
7
automaton82 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.
That's indeed a good point... still nobody,except CIC, knows when they will start using it!
 

thegorchess

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Jun 18, 2014
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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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May 30, 2013
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Mississauga, Ontario
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Vegreville (now sent to CPC-M)
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14-08-2013
Doc's Request.
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AOR Received.
26-09-2013 (didn't get email-called CIC)
Med's Request
Sent With
Med's Done....
03-06-2013
Interview........
DM 02-02-2014
thegorchess said:
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.
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