JULY 2019 *Inland* Spousal Sponsorship

[Cagedanomaly]

I have a question. My husband is part of the common wealth so we didn't need to have a visitor visa for him to come over here. The 6 months of allowed time will be up at the end of October. We have submitted our PR paperwork and it was received on August 2nd, and we've obviously not heard anything back yet. I'm just wondering what exactly I have to fill out to allow him to stay as they make a decision.

Online it says the following for getting an inland visitor visa extension....

You can apply for a visitor visa from inside Canada if you meet all the conditions below:

• you’re already in Canada
• you hold a valid study or work permit
• you want to leave and return to Canada in the near future
• your existing visitor visa is expired or was valid for only one entry

The confusion is over the word ALL. We don't have a valid study or work permit. Obviously he doesn't want to leave and return, he wants to stay, and we didn't have a visitor visa in the first place. I'm not sure what I'm supposed to do at this point. Anyone know?

 

[ragnhild]

I have a question. My husband is part of the common wealth so we didn't need to have a visitor visa for him to come over here. The 6 months of allowed time will be up at the end of October. We have submitted our PR paperwork and it was received on August 2nd, and we've obviously not heard anything back yet. I'm just wondering what exactly I have to fill out to allow him to stay as they make a decision.

Online it says the following for getting an inland visitor visa extension....

You can apply for a visitor visa from inside Canada if you meet all the conditions below:

• you’re already in Canada
• you hold a valid study or work permit
• you want to leave and return to Canada in the near future
• your existing visitor visa is expired or was valid for only one entry

The confusion is over the word ALL. We don't have a valid study or work permit. Obviously he doesn't want to leave and return, he wants to stay, and we didn't have a visitor visa in the first place. I'm not sure what I'm supposed to do at this point. Anyone know?

Hi, it is my understanding that applying for PR does not give you authorization to stay in Canada (unlike in Britain or US). Unfortunately your only option is to wait outside Canada until the work permit is issued. You may try to consult an immigration lawyer nevertheless.

 

[JamesBarnes]

Hi @Cagedanomaly !

My husband and I are in a similar situation! We're an inland application (August 2019) and I'm from the UK so I'm here on the 6 months visa exempt stay.

Firstly, you don't mention if you have included an Open Work Permit Application in your sponsorship application. If you have, this would grant you the implied status your husband would need to remain in Canada. That being said, others have advised me on the forum that this is somewhat of a risky move. The reason being is that if your application is returned for whatever reason (such as being incomplete) your husband would lose his implied status from the OWP application. You need to be in status to be eligible for the OWP so a returned application would mean he'd be out of status and unable to send the application back with the OWP unless you applied for a restoration of status first.

That, obviously, isn't a great situation to be in! The advice given to me by senior members of this forum is that us visa exempt folks should apply for a visitor visa extension to grant us the implied status until we (hopefully!) receive the OWP.

If you haven't applied for an OWP with your application then I would advise applying to extend your stay anyway. You can ask for as long as you need (I've seen others ask for and be granted 12 months) and it means you can breathe a little easier knowing that your husband has correct status in Canada until your PR application is complete. I have also been assured that it is rare for an inland visitor extension to be denied when a PR application is already in progress so that's another positive!

Finally do not, as you were advised by ragnhild, have your husband leave the country. An inland application means you must remain in Canada while the application is being processed (you can leave for short periods but it is inadvisable and at your own risk and there is no guaranteed re-entry). If your husband returns to his home country your current inland application would be cancelled and your only option would be to apply outland or start the whole inland process all over again if he returns for another six months.

I hope this is helpful and made sense!

TJ

 

[journey21]

Hi @Cagedanomaly !

My husband and I are in a similar situation! We're an inland application (August 2019) and I'm from the UK so I'm here on the 6 months visa exempt stay.

Firstly, you don't mention if you have included an Open Work Permit Application in your sponsorship application. If you have, this would grant you the implied status your husband would need to remain in Canada. That being said, others have advised me on the forum that this is somewhat of a risky move. The reason being is that if your application is returned for whatever reason (such as being incomplete) your husband would lose his implied status from the OWP application. You need to be in status to be eligible for the OWP so a returned application would mean he'd be out of status and unable to send the application back with the OWP unless you applied for a restoration of status first.

That, obviously, isn't a great situation to be in! The advice given to me by senior members of this forum is that us visa exempt folks should apply for a visitor visa extension to grant us the implied status until we (hopefully!) receive the OWP.

If you haven't applied for an OWP with your application then I would advise applying to extend your stay anyway. You can ask for as long as you need (I've seen others ask for and be granted 12 months) and it means you can breathe a little easier knowing that your husband has correct status in Canada until your PR application is complete. I have also been assured that it is rare for an inland visitor extension to be denied when a PR application is already in progress so that's another positive!

Finally do not, as you were advised by ragnhild, have your husband leave the country. An inland application means you must remain in Canada while the application is being processed (you can leave for short periods but it is inadvisable and at your own risk and there is no guaranteed re-entry). If your husband returns to his home country your current inland application would be cancelled and your only option would be to apply outland or start the whole inland process all over again if he returns for another six months.

I hope this is helpful and made sense!

TJ

This is entirely accurate and I can vouch for the info.
I went through exactly the same process.
Stick to the info above for those who are unsure of their next steps, pertaining to Inland Spousal PR/OWP application.

 

[K1w1]

Hello all application received July 15th Recieved AOR August 21st! Also applied for a work permit if am correct time frame is 3-4 months? Let the waiting game begin! Welcome a baby boy in June he so he is keeping me busy while we wait!Good luck everyone !

Congrats on the arrival of your little one!
From what I've read, the OWP waiting time varies a lot. Some people got theirs a week after AOR, some a month, and some a few months. If you've paid the correct fee it shouldn't take 3-4 months.

 

[red1973]

Good day All!

I'm needing your help/advise please.

My Canadian husband applied for my Inland Spousal PR + OWP June 4, 2019 but it was returned last week of June due to missing document. My visitor's visa extension expired June 10, 2019.

We the thought that applying for PR will give an implied status we resent the application July 5, 2019 was received July 9, 2019 and we got AOR: August 20,2019.

My questions now:

1) Is it correct that I'm not qualified for OWP becuase I am out of status? If, so what will happen to the payment we made?

2) Will I be requested to leave the country by any chance for not having legal status and have the PR application cancelled?

Appreciate any help you can give... Wish you all the best on your applications.

 

[K1w1]

Hi @Cagedanomaly !

My husband and I are in a similar situation! We're an inland application (August 2019) and I'm from the UK so I'm here on the 6 months visa exempt stay.

Firstly, you don't mention if you have included an Open Work Permit Application in your sponsorship application. If you have, this would grant you the implied status your husband would need to remain in Canada. That being said, others have advised me on the forum that this is somewhat of a risky move. The reason being is that if your application is returned for whatever reason (such as being incomplete) your husband would lose his implied status from the OWP application. You need to be in status to be eligible for the OWP so a returned application would mean he'd be out of status and unable to send the application back with the OWP unless you applied for a restoration of status first.

That, obviously, isn't a great situation to be in! The advice given to me by senior members of this forum is that us visa exempt folks should apply for a visitor visa extension to grant us the implied status until we (hopefully!) receive the OWP.

If you haven't applied for an OWP with your application then I would advise applying to extend your stay anyway. You can ask for as long as you need (I've seen others ask for and be granted 12 months) and it means you can breathe a little easier knowing that your husband has correct status in Canada until your PR application is complete. I have also been assured that it is rare for an inland visitor extension to be denied when a PR application is already in progress so that's another positive!

Finally do not, as you were advised by ragnhild, have your husband leave the country. An inland application means you must remain in Canada while the application is being processed (you can leave for short periods but it is inadvisable and at your own risk and there is no guaranteed re-entry). If your husband returns to his home country your current inland application would be cancelled and your only option would be to apply outland or start the whole inland process all over again if he returns for another six months.

I hope this is helpful and made sense!

TJ

I have a question. My husband is part of the common wealth so we didn't need to have a visitor visa for him to come over here. The 6 months of allowed time will be up at the end of October. We have submitted our PR paperwork and it was received on August 2nd, and we've obviously not heard anything back yet. I'm just wondering what exactly I have to fill out to allow him to stay as they make a decision.

Online it says the following for getting an inland visitor visa extension....

You can apply for a visitor visa from inside Canada if you meet all the conditions below:

• you’re already in Canada
• you hold a valid study or work permit
• you want to leave and return to Canada in the near future
• your existing visitor visa is expired or was valid for only one entry

The confusion is over the word ALL. We don't have a valid study or work permit. Obviously he doesn't want to leave and return, he wants to stay, and we didn't have a visitor visa in the first place. I'm not sure what I'm supposed to do at this point. Anyone know?

@JamesBarnes is correct, from what I've read and discussed with others. Your implied status only begins once you receive AOR.

 

[opaque]

Inland Sponsorship + Work Permit
Application Mailed: July 22, 2019
Application Received (Mississauga): July 23, 2019
AOR Issued: August 28, 2019

 

[Bungali88]

Good day All!

I'm needing your help/advise please.

My Canadian husband applied for my Inland Spousal PR + OWP June 4, 2019 but it was returned last week of June due to missing document. My visitor's visa extension expired June 10, 2019.

We the thought that applying for PR will give an implied status we resent the application July 5, 2019 was received July 9, 2019 and we got AOR: August 20,2019.

My questions now:

1) Is it correct that I'm not qualified for OWP becuase I am out of status? If, so what will happen to the payment we made?

2) Will I be requested to leave the country by any chance for not having legal status and have the PR application cancelled?

Appreciate any help you can give... Wish you all the best on your applications.

You need to apply for a restoration of status as a visitor straight away as any implied status ended when you're application was returned.

 

[red1973]

You need to apply for a restoration of status as a visitor straight away as any implied status ended when you're application was returned.

Thank you, will do.

 

[Donna2019]

Congrats on the arrival of your little one!
From what I've read, the OWP waiting time varies a lot. Some people got theirs a week after AOR, some a month, and some a few months. If you've paid the correct fee it shouldn't take 3-4 months.

Thank you am hoping it come through quickly! Yes we did we used a representative! She ensured that everything was in order.Keeping our fingers cross.

 

[nbhullar]

Hi everyone,

I'm sponsoring my husband (he's from the UK), and I just received the AOR email. We are wondering whether he, being the principal applicant, gets a separate AOR email as well?

Application Received: July 22, 2019
AOR Issued: August 27, 2019

Thanks!

 

[Codstop]

Application received: July 25, 2019
AOR issued: Aug 29, 2019

I'm gonna try to link it!!

 

[Bungali88]

Hi everyone,

I'm sponsoring my husband (he's from the UK), and I just received the AOR email. We are wondering whether he, being the principal applicant, gets a separate AOR email as well?

Application Received: July 22, 2019
AOR Issued: August 27, 2019

Thanks!

Sometimes they do, other times they don't. As long as one of you receives the AOR then it's OK.

 

[Visualvibes]

Hey all, I was able to link my application (July 30) to my GC account. It says status submitted. Does that mean it can still be returned? Application number starts with F.