Is my partner on implied status?

[juhanjuhanjuhan]

We have an ongoing inland common-law application. Way back 2020, me(sponsor) and my common-law partner(principal applicant) submitted a permanent residency application for him under the common-law family class sponsorship. He came here with a visitor visa and overstayed and lost status. We still submitted the application through inland sponsorship nevertheless but that being said, he has been out of status and we haven't applied for restoration or extension.

So my question is, how can we restore his status and is he on implied status right now since there is an ongoing application?

Any answers would help. Thank you!

 

[Ponga]

We have an ongoing inland common-law application. Way back 2020, me(sponsor) and my common-law partner(principal applicant) submitted a permanent residency application for him under the common-law family class sponsorship. He came here with a visitor visa and overstayed and lost status. We still submitted the application through inland sponsorship nevertheless but that being said, he has been out of status and we haven't applied for restoration or extension.

So my question is, how can we restore his status and is he on implied status right now since there is an ongoing application?

Any answers would help. Thank you!

You cannot apply for Restoration of Status (ROS) if he lost his status more than 89 days ago, which I suspect he has, based on your information.

He is NOT on Maintained Status (formerly known as Implied Status) because the Inland application does not give him that status. He is in Canada without any legal status. While the Public Policy that allows a person to apply (via a SCPLC/Inland application) without the need for legal status, it's not an absolute guarantee. Having said that, I suspect the majority of applicant's are allowed to remain until/unless the PR application is denied.

 

[scylla]

We have an ongoing inland common-law application. Way back 2020, me(sponsor) and my common-law partner(principal applicant) submitted a permanent residency application for him under the common-law family class sponsorship. He came here with a visitor visa and overstayed and lost status. We still submitted the application through inland sponsorship nevertheless but that being said, he has been out of status and we haven't applied for restoration or extension.

So my question is, how can we restore his status and is he on implied status right now since there is an ongoing application?

Any answers would help. Thank you!

- He does not have implied status. He is out of status in Canada.
- It's too late to apply to restore his status.
- Once he has AIP, he can apply for an open work permit. Assuming this happens and the work permit is approved, that will give him valid status in Canada again.
- Alternatively he may get his application approved and become a PR first.

 

[YVR123]

He is out of status. Unless you included OWP application with his inland sponsorship application, he doesn't have implied status.

You may want to check or order GCMS note because most of the inland 2020 application would be near approval or decision made.

 

[YVR123]

Just read a few of your previous posts. Did you apply for his OWP after AIP back in Aug 2022? Once he got his OWP, then he will have a legal status as worker.
Since your application is transferred to Etociboke, it may take much longer to process.

 

[canuck78]

He is out of status. Unless you included OWP application with his inland sponsorship application, he doesn't have implied status.

You may want to check or order GCMS note because most of the inland 2020 application would be near approval or decision made.

He still wouldn’t have implied status on the scenario. He may be able to secure an OWP after receiving AIP but that’s still not implied status because he was still out of status before.

 

[Ponga]

He still wouldn’t have implied status on the scenario. He may be able to secure an OWP after receiving AIP but that’s still not implied status because he was still out of status before.

It is confusing that a person would then have an OWP, authorizing them to work in Canada, but not have legal status?


Also just found this and question the accuracy:
https://www.canadavisa.com/inland-spousal-common-law-partner-sponsorship.html

What is Inland sponsorship?
Inland sponsorship allows Canadians and permanent residents to sponsor their loved one, provided the couple is legally living (cohabiting) together in Canada.

To apply under Inland sponsorship, the foreign spouse or common-law partner must also have valid temporary status in Canada, either as a worker, student, or visitor. During the processing of an Inland sponsorship application the sponsored person will be able to continue to live, work or study in Canada.

What happened to the Public Policy that waives the requirement for an Inland applicant to apply without legal status? Or is this erroneous information?

 

[canuck78]

It is confusing that a person would then have an OWP, authorizing them to work in Canada, but not have legal status?


Also just found this and question the accuracy:
https://www.canadavisa.com/inland-spousal-common-law-partner-sponsorship.html

What is Inland sponsorship?
Inland sponsorship allows Canadians and permanent residents to sponsor their loved one, provided the couple is legally living (cohabiting) together in Canada.

To apply under Inland sponsorship, the foreign spouse or common-law partner must also have valid temporary status in Canada, either as a worker, student, or visitor. During the processing of an Inland sponsorship application the sponsored person will be able to continue to live, work or study in Canada.

What happened to the Public Policy that waives the requirement for an Inland applicant to apply without legal status? Or is this erroneous information?

That is why inland sponsorship without status usually has to wait until they have AIP to apply for anything like a health card or OWP. Don’t know if OWP is guarantee after AIP either it may only approved in some circumstances. Often faster to wait until you receive PR because there are no guarantees the OWP or health card will be received first.

 

[YVR123]

That is why inland sponsorship without status usually has to wait until they have AIP to apply for anything like a health card or OWP. Don’t know if OWP is guarantee after AIP either it may only approved in some circumstances. Often faster to wait until you receive PR because there are no guarantees the OWP or health card will be received first.

Weird part of OP's situation is that she was adviced to apply OWP for her spouse after AIP (since he was out of status) back in Aug. And it doesn't look like she did.
So he is out of status now and seeing the application transfer to Etociboke may not be a good sign. It may take much longer to process. (vs normal cases when after AIP, final decision is usually made soon after)

The question also is did he actually got AIP. (vs some ppl confused SP with AIP)

 

[Ponga]

That is why inland sponsorship without status usually has to wait until they have AIP to apply for anything like a health card or OWP. Don’t know if OWP is guarantee after AIP either it may only approved in some circumstances. Often faster to wait until you receive PR because there are no guarantees the OWP or health card will be received first.

I believe that the OWP was all but guaranteed after AIP, with or without status. If I recall, all Inland applicants needed to reach AIP before being eligible for the OWP. The difference was, for those with status, the OWP application that was submitted with the Inland sponsorship application (in the same envelope) gave them Implied Status/Maintained Status, whereas an out of status applicant had no such benefit and had to wait for AIP. They even had to write in bold red ink, across the top of the OWP application, `process after AIP' (or similar), since it would otherwise not be approved before reaching AIP.

 

[Ponga]

Weird part of OP's situation is that she was adviced to apply OWP for her spouse after AIP (since he was out of status) back in Aug. And it doesn't look like she did.
So he is out of status now and seeing the application transfer to Etociboke may not be a good sign. It may take much longer to process. (vs normal cases when after AIP, final decision is usually made soon after)

The question also is did he actually got AIP. (vs some ppl confused SP with AIP)

The first stage approval is indeed approval of the sponsor. That is what makes/made an applicant eligible to then apply, even though they already have. That old flowchart from ip-08 (as of late 2015?) showed how things worked, then. Since the flowchart is no longer part of ip-08, who knows what happens now. If you want to see it, just for fun, look here (page 44):
http://overseastudent.ca/migratetocanada/IMMGuide/CICManual/ip/ip08-eng.pdf

 

[juhanjuhanjuhan]

- He does not have implied status. He is out of status in Canada.
- It's too late to apply to restore his status.
- Once he has AIP, he can apply for an open work permit. Assuming this happens and the work permit is approved, that will give him valid status in Canada again.
- Alternatively he may get his application approved and become a PR first.

Thank you for all your reply. We have not applied for OWP and in my understanding my partner is out of status right now. I'm approved as a sponsor and for his side, he is done with his medicals and biometrics, eligibility is in progress and criminality hasn't started.

Also, from Etobicoke, the application now got transferred to Niagara visa office after we reached out to MP for help. Does anybody of you know if this is a good sign or the visa office has a track record similar to Etobicoke being slow?

 

[Ponga]

Thank you for all your reply. We have not applied for OWP and in my understanding my partner is out of status right now. I'm approved as a sponsor and for his side, he is done with his medicals and biometrics, eligibility is in progress and criminality hasn't started.

Also, from Etobicoke, the application now got transferred to Niagara visa office after we reached out to MP for help. Does anybody of you know if this is a good sign or the visa office has a track record similar to Etobicoke being slow?

Yes, your partner is still out of status, but since you have been approved as the sponsor, along with the additional information that you've shared, I'd say that you're getting close to the end! The Etobicoke office has always been the `dungeon' of all offices, so hopefully the shift to the Niagara office is indeed another positive sign of movement!

 

[juhanjuhanjuhan]

Also to clarify, I think there's no AIP yet. And we have not attempted to submit an OWP.

Sponsor Eligibility: Approved

Principal Applicant
Medical: Passed
Biometric: Done
Eligibility: In Process
Background Check: Hasn't started

The application used to be in Etobicoke office since October 21, 2021. Last January 29, 2023, the file got move to Niagara Visa Office.

I think my question right now is if the file being transferred to Niagara at least a good sign? Thanks lots!

 

[juhanjuhanjuhan]

Yes, your partner is still out of status, but since you have been approved as the sponsor, along with the additional information that you've shared, I'd say that you're getting close to the end! The Etobicoke office has always been the `dungeon' of all offices, so hopefully the shift to the Niagara office is indeed another positive sign of movement!

Thank you so much for your kind words! We're praying hard for good news this year so we can travel together and visit his Grandma in Portugal <3