panicking about spouse application - help?

[bradie]

Hi everyone, first time poster here.
My wife is Canadian and I'm from the UK. I've been here in Canada since October 2013, we originally had planned to mail out our application then and there but we've had a lot of trouble obtaining documents. In a panic, we sent off for a request for an extended stay in February of this year with a letter explaining our intentions to apply for spousal sponsorship from within Canada. They mailed it back, completely ignoring that letter but saying we need to send the correct fees and try again.
By this point we'd gotten all the documents and applications together for the spousal sponsorship and so, under the belief we were doing it right, we sent off the work permit request, sponsorship of spouse and the request for an extended stay all together in one envelope.
We did this in June but I'm really worried we've done it wrong and I could be overstaying what I'm allowed to. I believe it's a 13 month wait before they even look at the application in Mississauga, which from when I posted, will be August 2015.

Have we done it correctly or are we in big trouble?

 

[Ponga]

Hi Bradie,

Welcome to your new favorite website...honestly.

Ok...the bad news is...you really should have submitted an Outland application (which you could have done even though you are in Canada), as it would have been substantially faster than the Inland route.

A bit more bad news...If your visitor status expired in April (if you were given the standard 6 month stay) and your extension request was denied (sounds like it was, since you were told to `try again') that would mean that you are now out of status. You needed to include a Restoration of Status, before the 90-day grace period expired. If you were still in status on the day in June that you mailed everything in, you WILL be covered under implied status, since you did include the OWP (the Extension request is redundant, because of the OWP). It all depends on what your status was on that day.

This also means that the OWP that you included with your Inland application will NOT give you implied status. However, this doesn't necessarily mean that you will be removed from Canada. Many people [here] are of the belief that as long as you have submitted an Inland application, CBSA will not begin removal pending your first stage approval (AIP), which you should see ~ next Summer-ish? Maybe?

Sit tight and wait for a more experienced member to comment, but in the interim...try to relax.

Good luck!

 

[bradie]

oh thank you for responding. Yes the letter they sent back with the request for an extended stay said I had the 90 days which lead to the beginning of July, and they received the application by signed delivery around the 4th of June.

 

[Ponga]

Great; that means you will benefit from implied status.

Normally, I would suggest withdrawing the Inland application and re-applying via an Outland application, but since you have a bit of a tricky situation regarding status...I'm not sure that I'd recommend that. If your extension is approved soon, you might consider it though.

 

[bradie]

Will they have actually opened and looked at the application I sent? The extended stay request is paper clipped to the spousal sponsorship request. I'm worried I should have sent it to Vegreville instead of Mississauga as well.
The implied status is good news though, once again thanks for your help

 

[canuck_in_uk]

Will they have actually opened and looked at the application I sent? The extended stay request is paper clipped to the spousal sponsorship request. I'm worried I should have sent it to Vegreville instead of Mississauga as well.
The implied status is good news though, once again thanks for your help

Did you submit both a visitor extension app and an OWP app with the inland PR app?

Did you actually request Restoration and pay the additional fee?

If you did, on which application did you make the Restoration request?

 

[Ponga]

Did you submit both a visitor extension app and an OWP app with the inland PR app?

Did you actually request Restoration and pay the additional fee?

If you did, on which application did you make the Restoration request?

It doesn't appear that the OP filed a Restoration request, but did include the OWP and visitor extension with the Inland application (after getting the 90 day notice from CIC).

He's still `good', right?

 

[canuck_in_uk]

It doesn't appear that the OP filed a Restoration request, but did include the OWP and visitor extension with the Inland application (after getting the 90 day notice from CIC).

He's still `good', right?

No, not good. Implied Status is only given when a person either already has current status or applies for restoration within the 90 day window. If OP did not include a Restoration request along with the additional $200 fee, then he is out of status and has been since April.

Also, CIC gives Implied Status when an OWP or study permit is included with the inland PR app but states that visitor status must be maintained separately (Ponga, remember the situation I PMed you about previously). So even if a Restoration request was made but it was made on the visitor extension, it is still possible that he is now out of status, as the visitor app should have gone separately to Vegreville to be processed immediately.

 

[Ponga]

Really? The OP stated that CIC gave him 90 days to re-submit the visitor extension and CIC received that, along with the Inland application and OWP before the deadline.

 

[canuck_in_uk]

Really? The OP stated that CIC gave him 90 days to re-submit the visitor extension and CIC received that, along with the Inland application and OWP before the deadline.

CIC gave 90 days to restore status. The only way to restore status is to submit an extension app with the Restoration request and the additional $200 fee.

In the OP's case, as they sent the original extension app sent in February, I'm guessing it was probably refused before his status even expired in April. He then had 90 days from the time his status expired in April to submit the app requesting Restoration. If he didn't, he's out of status.

 

[Ponga]

CIC gave 90 days to restore status. The only way to restore status is to submit an extension app with the Restoration request and the additional $200 fee.

In the OP's case, as they sent the original extension app sent in February, I'm guessing it was probably refused before his status even expired in April. He then had 90 days from the time his status expired in April to submit the app requesting Restoration. If he didn't, he's out of status.

I realize that what you're saying makes perfect sense (which is what I would have thought initially as well), but the OP stated that the extension request that was sent prior to his status expiring, was returned and that he was told to pay the correct fee and try again. Maybe, what the letter really said was to submit a ROS, but the OP missed that part. He didn't indicate that CIC told him that his only option [at that point] was a Restoration of Status application. It sounded like they were giving him an extension, before deeming him out of status.

Either way, he's committed to the Inland process now. :-\

 

[rifsim1216]

I came Canada as an international student. Currently on a 3 years of post graduation work permit. 6 months back i got married back home. Now i am eligible for P.R under CEC as i have completed 1 year of my field experience. Today i had an appointment with lawyer regarding me and my spouse(currently back home) for further procedure. i asked him 2 questions whether i should call my wife on open work permit dependent visa or i should apply P.R first.

Lawyer suggested me to apply for P.R and told to mention her as Accompanying spouse. He further told based on this application you and your spouse will get P.R. and she ill be able to join me to Canada.

whats good opinion? either to apply for open work permit , or P.R application.
really confused with all different suggestions. Hope to see your reply soon.

even my question is as i am eligible for P.R can i apply for my p.r and also apply for her open work permit from back home parallel. i mean to say parallel procedure


Thanks.

 

[scylla]

I came Canada as an international student. Currently on a 3 years of post graduation work permit. 6 months back i got married back home. Now i am eligible for P.R under CEC as i have completed 1 year of my field experience. Today i had an appointment with lawyer regarding me and my spouse(currently back home) for further procedure. i asked him 2 questions whether i should call my wife on open work permit dependent visa or i should apply P.R first.

Lawyer suggested me to apply for P.R and told to mention her as Accompanying spouse. He further told based on this application you and your spouse will get P.R. and she ill be able to join me to Canada.

whats good opinion? either to apply for open work permit , or P.R application.
really confused with all different suggestions. Hope to see your reply soon.

even my question is as i am eligible for P.R can i apply for my p.r and also apply for her open work permit from back home parallel. i mean to say parallel procedure


Thanks.

You're posting in the wrong section. Post your question to the Canadian Experience Class section of the forum.

 

[bradie]

I filled in a new form for the request for an extended stay, which had three options at the top; restore status, request extension to stay and something else... I believe we did tick restore status? I paid the additional fee but I think the error is as you said, we did not send it off to Vegreville.

I imagine I'm stuck waiting until they open that application in July/August of next year.

 

[Ponga]

So...you didn't make a copy of the completed form?

It's quite possible that when your application was received (if you've already received AOR), the person that did the cursory glance over the application package, to make sure forms were current versions, signed, etc., will have forwarded that to Vegreville for you.

Possible, but not guaranteed.