kriv said:
Pr application in process does not gives you a implied status. your lawyer can never claim or prove that "PR= applying for an extended stay", if he thinks this way then he is wrong. Stay and living are two different things. STAY means if you are in canada for a temporary period (only authorized to stay for a certain period of time). e.g a visit visa (trv) means you are requesting to travel to canada for a temporary stay (not temporary living) and on the contrary when you make a PR application it means you are requesting to live permanently in canada (and living here refers to permanent settlement/residence in a country not extended stay)
when a person is staying in canada with a visitor status or worker status he can extend his stay by making an application to extend his stay in canada. and during the process of this application if his legal status expires he is called to be with an implied status until cic decides about his extension application. Once cic approves the extension application the person again is considered to be in a visitor status (so implied status ends once the decision is made).
if someone is in canada without a status or the status is expired he may restore a legal status by applying restoration of status.
I was referred to this by my lawyer: Pursuant to Sections 5.3, 12, Appendix F, and Appendix H of Citizenship and Immigration Canada (CIC) Operational Manual, Inland Processing (IP-8), Spouse or Common-law Partner in Canada Class, under the spousal policy, many clients can benefit from an administrative deferral of removal (“ADR”) if there is evidence that they have a pending spousal application by the time they are deemed removal-ready by the Canada Border Services Agency (“CBSA”). In general, the date that the Case Processing Centre (“CPC”) has locked in the application is the proof that an application has been made. For cases where a client attests that they have made an application that has not been locked in, clients may present a copy of their application as well as a copy of their fees receipt to show that an application has been made in the event that they are requested to do so. Accordingly, the enclosed copy of your application together with your UPS Tracking Receipt should serve as sufficient proof of a pending spousal application, should you ever be requested or otherwise required to demonstrate such in the future.
More particularly, the spousal policy, outlined in more detail below, helps to fulfill the s. 3(d) objective of the Immigration and Refugee Protection Act, 2002, as amended (“IRPA”), to see that families are reunited in Canada.
The current Regulations require that to be eligible for the spouse or common-law partner in Canada class, the applicant have temporary legal status in Canada. However, under the spousal policy, persons who are otherwise eligible for consideration under this class (and who are not inadmissible for reasons other than “lack of status”) including those who have applied for consideration on H&C grounds and submitted a sponsorship, may have this requirement waived.
This does not mean however that there is no longer any requirement to have legal status in Canada. Persons who wish to study or work in Canada must still seek to obtain and maintain the required permits.
Other than for lack of status, applicants must not be in any other violation of the IRPA, Regulations or otherwise be subject to a removal order.
Many applicants will benefit from a regulatory stay of removal because they have requested a pre-removal risk assessment (“PRRA”) or will receive an administrative deferral of removal under the public policy. Many applicants will receive a step-one decision on their case before any further action is taken towards removal from Canada.
Applicants may have temporary resident status when the application for permanent residence is received but may no longer have temporary resident status when the application for permanent residence reaches the initial decision phase.
Clients may still qualify for restoration of status; however, under the spousal policy, for the purposes of processing applications for permanent residence to a positive decision for permanent residence, it is no longer necessary to contact the client or their representative to find out if they intend to apply for restoration of status. Nor is it necessary to interrupt the processing of the application for permanent residence pending receipt from the client of the application for restoration.
However, for those clients who are refused at step one for their application for permanent residence, they will still have to apply for restoration of status to maintain their temporary resident status in Canada.
The CBSA has agreed to grant a temporary ADR to applicants who qualify under this public policy. The deferral will not be granted to applicants who:
· Are inadmissible for security (A34), human or international rights violations (A35), serious criminality and criminality (A36), or organized criminality (A37);
· Are excluded by the Refugee Protection Division under Article F of the Geneva Convention;
· Have charges pending or in those cases where charges have been laid but dropped by the
· Crown, if these charges were dropped to effect a removal order;
· Have already benefited from an administrative deferral of removal emanating from an H&C spousal application;
· Have a warrant outstanding for removal;
· Have previously hindered or delayed removal; and
· Have been previously deported from Canada and have not obtained permission to return.
