Simple Spouse Form Questions

[ZebraJCH]

Super simple. You guys should know what to do with these.

For the Generic Application Form for Canada it has a question that inconveniences me a bit.

10|Current country of residence
Country: Canada
Status: Visitor
Other:
From: 2012-08-15
To: ? ? ?

You see, I am currently under implied status and I am applying in-land. It is taking the extension people quite some time to get back to me. The .pdf file refuses to allow me to put in a date indicating my stay's original expiration date, so this makes me wonder how I handle this situation.

Also, in the Spouse/Common-Law Questionnaire it asks me a similar question on how long I have been living with my spouse. 'From' is easy to answer but 'To' is rough as I am applying in-land. I'm not sure how to handle this either.

Finally, if I put in an 'extend to...' until March on my extension way back at the start of October and it theoretically gets accepted near the end of December, do I get to stay beyond March or is it still simply March?

Any help would be useful here.

 

[tuyen]

The .pdf file refuses to allow me to put in a date indicating my stay's original expiration date, so this makes me wonder how I handle this situation.

Also, in the Spouse/Common-Law Questionnaire it asks me a similar question on how long I have been living with my spouse. 'From' is easy to answer but 'To' is rough as I am applying in-land. I'm not sure how to handle this either.

If there's something you can't type into the form, write it by hand after you've printed it.

For the "To: " portion of the date, write "present" by hand.

Finally, if I put in an 'extend to...' until March on my extension way back at the start of October and it theoretically gets accepted near the end of December, do I get to stay beyond March or is it still simply March

You don't need to extend anything. As soon as you submit your inland application, you're automatically allowed to stay until they give you a yes/no answer for your spousal application, regardless of how long it takes.

 

[Creampop]

I to would print it out blank and write in present. The above is only true if an application for a work/study permit is submitted at the same time....

http://www.cic.gc.ca/english/resources/manuals/ip/ip06-eng.pdf section 5.6

Inland applications for permanent residence
In situations where an applicant who has visitor status submits an application for permanent
residence to Vegreville and at the same time submits an application for a work permit (pursuant to
R207(b)), the visitor may be considered to have requested an extension of their TR status (in
accordance with R183(5)). They are considered to have implied status as a visitor, until a
decision is made on their WP application.
When no application for a work or study permit is received with the application for permanent
residence, the applicant is obliged to apply to extend their visitor status.

section 5.7

Work or study permit refusals
If a visitor in Canada applies for and is refused a work or study permit, their visitor status is not
affected. Upon receiving notice of the WP or SP refusal, the visitor must submit a separate
application to extend their TR status as a visitor before the expiry date of their temporary resident
status, if they wish to remain in Canada.

 

[ZebraJCH]

This is good, but there is a situation that I am concerned about.

Lets say I send out my spousal sponsorship application with the work permit request.

Time goes on and I slip past my stay date, but I have implied status so I don't need to worry about anything.

If that work permit is denied and my stay date is behind (as I am assuming that the stay date does not get nudged forward if the work permit request is simply sent out), what happens then? I can't exactly extend my stay now because I'm past that date. That comfort of a work permit giving implied status is only valid if I know for sure it will be granted.

I don't want to think, "I don't need to extend my visitor status now, I already sent in an open work permit request" and then it's denied and I have to leave because my implied status is gone and I'm past my stay date.

Can I get some clarification on this?

 

[ZebraJCH]

I hate to do this but I'm going to go ahead and bump this thread.

It has only been half a day, however the thread is being launched pretty far down the list and I'm starting to get the standard issue, 'whoa suddenly anxious what will I ever do' feeling.

 

[tuyen]

I don't want to think, "I don't need to extend my visitor status now, I already sent in an open work permit request" and then it's denied and I have to leave because my implied status is gone and I'm past my stay date.

Your implied status comes from the spousal sponsorship, and not from the work permit request.

So as long as you send in your spousal sponsorship application BEFORE your visitor visa expires, you'll be allowed to stay in Canada until you get a yes/no decision on your application.

 

[ZebraJCH]

Thanks for your reply.

However, I'm still a bit confused as Creampop's post indicates that me having implied status until a decision is made is only true if a work or study permit is also filed in at the same time.

So if this is true, the implied status comes from the spousal sponsorship application needing a decision and still is in effect despite, in this hypothetical situation, the open work permit is denied.

However, this bit right here...

'If a visitor in Canada applies for and is refused a work or study permit, their visitor status is not
affected. Upon receiving notice of the WP or SP refusal, the visitor must submit a separate
application to extend their TR status as a visitor before the expiry date of their temporary resident
status, if they wish to remain in Canada.'

...throws me off as it suggests to me that any implied status is lost and states that I must extend that status before the expiry date.

Pretty confusing stuff and feels like I'm being told two different, opposing things.

 

[CANUSA31]

Hi Zebra,

I'm in the same situation as you. My fiance and I are applying common law family sponsorship In-land via Vegreville. My fiance is on a post grad work permit that expires June 18th 2013.

We are sending off our application as son as the Option C printout gets mailed to our house. And we plan on applying for an extension of the work permit/new open work permit once we receive our AOR.

Regardless of if we receive an extension on the work permit, I believe my fiance is good to stay in Canada under Implied Status of the PR application and waiting for a decision on that. So if they decline the WP, I believe we're still in good standing.

Not sure if this helps you at all, but thought I would share my process so far.

 

[ZebraJCH]

Hey. Thanks for your response.

I'm glad you're in a stable spot then, at least mentally.

Yeah, these kinds of moments really make you feel like if you don't completely understand it, you're quickly going to run into an inevitable problem. We appreciate the input. However, if anyone else feels like validating any of this information being received, we would be extremely thankful. There's more than one way to interpret this stuff and I want to be in the safe zone here and able to rest assured because this still bugs me.

Upon receiving notice of the WP or SP refusal, the visitor must submit a separate application to extend their TR status

which in a way means that the application itself does not carry any implied status, especially since Creampop directly stated that the implied status only works if I send along a permit request. I'd like to firmly grasp this scenario as it will be coming up for me pretty quickly and I would like to be ready for it, or at least have peace of mind.

 

[tuyen]

which in a way means that the application itself does not carry any implied status, especially since Creampop directly stated that the implied status only works if I send along a permit request.

What she quoted was the regulation specific to work visas. If she meant to say that implied status comes ONLY from a work permit request, then she was wrong. Implied status, as defined by CIC, is given to the applicant when they apply for an extension of their temporary stay. So when you're applying for a spousal sponsorship, that's exactly what you're doing - you're applying for an extension.

I'd like to firmly grasp this scenario as it will be coming up for me pretty quickly and I would like to be ready for it, or at least have peace of mind.

From the CIC Operations Manual which deals with Temporary Residents:

24. Implied status
A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

And here's the exact law which is referenced there:

Regulation 183:
(5) If a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until
(a) the day on which a decision is made, if the application is refused; or
(b) the end of the new period authorized for their stay, if the application is allowed.

 

[ZebraJCH]

Thanks a ton. That answers quite a bit.

When the application is accepted, is it the standard thing where my date 'bumped up' so that when I get to the usual time to extend, I have to extend, or do I simply not have to extend again at all, all the way up until that PR card gets in my hands?

Basically I'm asking how extended is the extension after receiving a positive response on the Spousal Sponsorship application.

NOTE TO FUTURE SELF AND OTHERS: BELOW APPLIES TO IN-LAND

 

[tuyen]

Basically I'm asking how extended is the extension after receiving a positive response on the Spousal Sponsorship application.

As soon as you submit your application for spousal sponsorship, you're automatically allowed to stay in Canada until you receive a final yes/no decision on the application (assuming your sponsor passes the Stage 1 approval process). You don't have to file any more extensions.

If your sponsor is approved for Stage 1 AND you're approved in Stage 2 as the applicant, then you don't have to worry about any more extensions because the approval of the spousal sponsorship lets you stay in Canada permanently (subject to the new two-year cohabitation requirement that was introduced in October of 2012).

 

[ZebraJCH]

Looking at the checklist again now that we're approaching the time to send this thing off in a few weeks, I noticed that there is a bit of information about fees. We never really got too concerned about it because it was so far away but it is asking for things in a rather odd manner. We have the money, but I'm having trouble understanding how much they are requesting.

Principal applicant - x $550
Dependent child who is 22 years of age or older or who is married or in a common-law relationship, regardless of age - x $550
Dependent child who is under 22 years of age and single - x $150

Looking at this stuff, I am the principal applicant, so that is $550.

I am also married, as I am being sponsored by my spouse. But would this apply since I am already the principal applicant or do I only get one of these things? If it does, that is another $550.

Not under 22 or single so I don't have to worry about that one. Basically, this sucker is telling me I need to pay either $550 or $1100 at this stage of the game. As a 22 year old married to my spouse who is sponsoring me, do both apply or does only one? Either way, we're financially capable here.

Right of Permanent Residence fee is another $490 on top of that so we're potentially looking at either $1590 or $1040.

I would greatly appreciate some understanding thrown in.

 

[tuyen]

Right of Permanent Residence fee is another $490 on top of that so we're potentially looking at either $1590 or $1040.

I would greatly appreciate some understanding thrown in.

If it's just you and your spouse with no kids, it's $1040 total.

You pay $75 for the sponsor's application, $475 for the spouse's application (for a combined total of $550), and another $490 for the spouse's PR.

Total of $1040.

 

[ZebraJCH]

Thanks. That '1' of theirs at the top doesn't really clarify much.

Good news for me. I'd like to take this opportunity to ask another question.

When people tie themselves to credit cards (i.e. getting a spare card for a spouse) or things of that nature, wouldn't it be suspicious to people in immigration if those things were done recently before applying for spousal sponsorship?