one-year pilot OWP for spouses and common-law partners

[beholder69]

But even if they did and this person does in fact have implied status, why would the lawyer have said that they were not eligible?

Because the lawyer probably never sent the extension and they know the person is now out of status!

Yep, that's the most likely scenario TBH

 

[MapleLeafMan]

and i'd imagine need you to sign a document? or is the attorney able to sign your name to documents without your consent or notifying you?

So this is not included in the $1040 that we paid? My lawyer has probably told me on 4-5 different occasion that I have implied status and not to worry

 

[rhcohen2014]

So this is not included in the $1040 that we paid? My lawyer has probably told me on 4-5 different occasion that I have implied status and not to worry

nope. the PR application is $1040. the application to extend your stay is $100, and a completely separate application. the fee may have gone up to $150 for 2015.

either your attorney is an idiot or they are clearly lying to save face.

i would ask your attorney exactly WHY they assume you have implied status, and ask them to show you specifically where CIC states sending in ONLY a pr application gives a person implied status.

 

[canuck_in_uk]

So this is not included in the $1040 that we paid? My lawyer has probably told me on 4-5 different occasion that I have implied status and not to worry

The OWP fee is $155 and is IN ADDITION to the $1040 PR fees. Also, your lawyer could not have submitted the app on your behalf, as you would have had to sign it.

 

[MapleLeafMan]

nope. the PR application is $1040. the application to extend your stay is $100, and a completely separate application. the fee may have gone up to $150 for 2015.

either your attorney is an idiot or they are clearly lying to save face.

i would ask your attorney exactly WHY they assume you have implied status, and ask them to show you specifically where CIC states sending in ONLY a pr application gives a person implied status.

This is unbelievable. What do I do now? I have already been anxious an paranoid about this whole process and this just makes it worse.

 

[rhcohen2014]

This is unbelievable. What do I do now? I have already been anxious an paranoid about this whole process and this just makes it worse.

a) fire your attorney
b) demand a refund
c) report the attorney to whichever association that handles licensing.

when did your status expire and where are you from?

 

[MapleLeafMan]

a) fire your attorney
b) demand a refund
c) report the attorney to whichever association that handles licensing.

when did your status expire and where are you from?

But what is this likely to mean to my file? I'm from sweden and 6 month visitor status expired in late May.

"Applicants who have already submitted an application for permanent residence under the SCLPC class but have not yet applied for an open work permit should complete an Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker (PDF, KB) (PDF, 442.24 KB) form [IMM 5710], include the appropriate fee, indicating that they are applying for an open work permit, and submit it to the Case Processing Centre in Vegreville, at the following address:"

Wouldn't that sorta indicate that sending in a PR without work permit is ok? Or is the key here to have appied to extend the stay instead?

 

[MapleLeafMan]

I just can't believe this. One would think that applying for a PR would per definition be an application to extend your stay? Cause that is exactly what it is, in applying to extend my stay permanently, right?

 

[Ponga]

But what is this likely to mean to my file? I'm from sweden and 6 month visitor status expired in late May.

"Applicants who have already submitted an application for permanent residence under the SCLPC class but have not yet applied for an open work permit should complete an Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker (PDF, KB) (PDF, 442.24 KB) form [IMM 5710], include the appropriate fee, indicating that they are applying for an open work permit, and submit it to the Case Processing Centre in Vegreville, at the following address:"

Wouldn't that sorta indicate that sending in a PR without work permit is ok? Or is the key here to have appied to extend the stay instead?

The key is to have valid status on the day that CIC receives the Inland application.

If an OWP is included, the status changes to implied after the current [legal] status expires.

Those that applied Inland but did not include the OWP can submit one under the pilot program, but ONLY if they have status when CIC receives the OWP.

You have been out of status since late August of last year, so it's too late to apply for Restoration of Status.


All you can do is wait and keep under CBSA's radar because a person in Canada without status can be removed from Canada, which would terminate your application. If you've had no prior dealings with CBSA, your chances of being `left alone' while your application is being processed would seem to be good, but that still doesn't guarantee anything.

If all of this really is true, in that your lawyer didn't mention any of this to you, they should be MORE than fired!

Good luck!

 

[Ponga]

I just can't believe this. One would think that applying for a PR would per definition be an application to extend your stay? Cause that is exactly what it is, in applying to extend my stay permanently, right?

You're not the first person to have made that assumption, nor will you be the last I'm sure.

Sadly, that's not how it works...but that's how it should work, IMHO.

 

[queenpies]

Wait, have you been out of status for over 90 days already or what? Can you do the restoration thing?

 

[MapleLeafMan]

The key is to have valid status on the day that CIC receives the Inland application.

If an OWP is included, the status changes to implied after the current [legal] status expires.

Those that applied Inland but did not include the OWP can submit one under the pilot program, but ONLY if they have status when CIC receives the OWP.

You have been out of status since late August of last year, so it's too late to apply for Restoration of Status.


All you can do is wait and keep under CBSA's radar because a person in Canada without status can be removed from Canada, which would terminate your application. If you've had no prior dealings with CBSA, your chances of being `left alone' while your application is being processed would seem to be good, but that still doesn't guarantee anything.

If all of this really is true, in that your lawyer didn't mention any of this to you, they should be MORE than fired!

Good luck!

Edit

 

[MapleLeafMan]

The key is to have valid status on the day that CIC receives the Inland application.

If an OWP is included, the status changes to implied after the current [legal] status expires.

Those that applied Inland but did not include the OWP can submit one under the pilot program, but ONLY if they have status when CIC receives the OWP.

You have been out of status since late August of last year, so it's too late to apply for Restoration of Status.


All you can do is wait and keep under CBSA's radar because a person in Canada without status can be removed from Canada, which would terminate your application. If you've had no prior dealings with CBSA, your chances of being `left alone' while your application is being processed would seem to be good, but that still doesn't guarantee anything.

If all of this really is true, in that your lawyer didn't mention any of this to you, they should be MORE than fired!

Good luck!

Like I said, she has kept telling me that I have implied status. I probably have 4-5 emails from her where she says that I have implied status, the latest one sent today. This is one of the best immigration law firms in the country.

 

[Ponga]

I said, she has kept telling me that I have implied status. I probably have 4-5 emails from her where she says that I have implied status, the latest one sent today. This is one of the best immigration law firms in the country.

Which makes this story even scarier!

Please ask her HOW YOU HAVE IMPLIED STATUS, WITH JUST AN INLAND APPLICATION and post her answer here.

 

[MapleLeafMan]

Which makes this story even scarier!

Please ask her HOW YOU HAVE IMPLIED STATUS, WITH JUST AN INLAND APPLICATION and post her answer here.

If cbsa doesn't try to remove before the initial assessment is done and I get temporary residency, will I be fine?
Or will I fail already in the initial assessment since I do not have implied status?