Spousal immigration confusion

[hiral zala]

Hello,

I'm in a very confused situation and need some clarity on what is really going on and where everything stands. I hope someone can help me.

I've had a visitor visa of canada from 2015 and we applied for my sponsorship and we applied for my spousal sponsorship in April 2016 while i was already on a visit to canada.

We intended to file an outland application (for the freedom of traveling outside of the country and to have it processed faster) and i was traveling to US quite regularly. Just recently it came to my attention that one of the query letter said INLAND SCLP, and i learned that my application was sent to the PO Box that is assigned for inland application. On my husband's status checker on cic website, it is implied that the application is outland as it shows the links as below....

The following tables will help you understand the status of your application.
Application to Sponsor a Member of the Family Class Living Outside Canada
Application to Sponsor a Member of the Family Class Living Outside Canada for Sponsors Living in the Province of Quebec

This suggests to me that it should be an outland application, does it not?

If its an inland application, should i not be stopped from traveling in and out of Canada for all these months?

The status on my application is still saying "we have received your application for permenant residence on april 7, 2016"
They have sent me couple queries which we resolved, shouldnt there be a change in the status as its been more than seven months since we applied?

I applied for extension of my visitor visa as my visa were expiring on sep 30, 2016. They rejected my extension and at that time i learned that my application might actually be considered Inland and i applied for online work permit. Is there anyway to clear what is CIC considering my file as so i can stay on legal side of the law while i'm in Canada.

Any idea on the latest Inland application that was approved? (so i can plan for things accordingly).


Any help would be very much appreciated.

Thank you.

 

[Ponga]

The Inland and Outland package is slightly different, so it takes a bit more than simply mailing your application to the wrong address. Having said that, CIC has mistakenly thought that an Outland package was in fact Inland in the past.

Regarding travelling...it's not that an Inland application prevents you from leaving Canada [temporarily, since an Inland applicant must reside in Canada with his/her sponsor], it's that if re-entry is denied by CBSA, the application is in jeopardy.


Since your extension was denied, you are now in Canada without status. If you applied for the OWP after the denial of your extension, and it is an Inland application after all, the OWP will likely be refused, because you have lost your status.

You may have no choice but to apply for Restoration of Status now, and explain this `mess' to CIC.

Or...you can leave and try to return. If CBSA allows you to re-enter, you will have new legal status.


Good luck!

 

[hiral zala]

Hello Ponga and thank you for your response!

I have applied for OWP (on sep 29, 2016) before my actual visa status expired (sep 30, 2016), refusal extension came on 28 sep, 2016. I feel that still keeps my status legal, and also i have 90 days to apply for restoration of my status for visiting visa and by then the OWP response should come, so i'll apply for restoration if the OWP is denied and still be in the legal side.

does that sound like a right plan?

I have visa of USA as well, the other option is leaving the country for a month or so and try to enter back.

I would still like to know if there is a way where i can find out how CIC is treating my file (inland v. outland), why there is no change in status beside "we have received your application on april 7, 2016" and couple more.

 

[profiler]

Hello Ponga and thank you for your response!

I have applied for OWP (on sep 29, 2016) before my actual visa status expired (sep 30, 2016), refusal extension came on 28 sep, 2016. I feel that still keeps my status legal, and also i have 90 days to apply for restoration of my status for visiting visa and by then the OWP response should come, so i'll apply for restoration if the OWP is denied and still be in the legal side.

does that sound like a right plan?

I have visa of USA as well, the other option is leaving the country for a month or so and try to enter back.

I would still like to know if there is a way where i can find out how CIC is treating my file (inland v. outland), why there is no change in status beside "we have received your application on april 7, 2016" and couple more.

No, the OWP will take 4 months for a decision. If you want to know how the CIC is treating your case, you can try a Case Specific Enquiry (https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx ), Calling the call centre (888-242-2100), or ordering your GCMS notes (will take 30 days for the request).

 

[Ponga]

Hello Ponga and thank you for your response!

I have applied for OWP (on sep 29, 2016) before my actual visa status expired (sep 30, 2016), refusal extension came on 28 sep, 2016. I feel that still keeps my status legal, and also i have 90 days to apply for restoration of my status for visiting visa and by then the OWP response should come, so i'll apply for restoration if the OWP is denied and still be in the legal side.

does that sound like a right plan?

If you in fact submitted the Outland application, the OWP will not be approved, as it is only available to an Inland applicant.

You need to find out from CIC which application they `think' you submitted, ASAP. If it IS Outland, you no longer have legal status.

 

[hiral zala]

Just spoken with CIC on the phone, thank you for directing me to that direction.

Application is considered inland, and the lady said that my wife will automatically have a legal status as the application is "inland".

Is that correct? Just want to make sure.

 

[profiler]

Just spoken with CIC on the phone, thank you for directing me to that direction.

Application is considered inland, and the lady said that my wife will automatically have a legal status as the application is "inland".

Is that correct? Just want to make sure.

The only thing that gives her legal status in Canada until the application is approved is either a valid Work or Visitor permit.

 

[hiral zala]

That'd be ironic,

lets say if the OWP is rejected and she is out of status for her visiting visa, then she has to leave the country as she'd be illegally staying in the country otherwise.

BUT, if she leaves the country then my INLAND application will be considered abandoned.

does this make sense? or i'm assuming it wrong?

Thank you in advance.

 

[scylla]

That'd be ironic,

lets say if the OWP is rejected and she is out of status for her visiting visa, then she has to leave the country as she'd be illegally staying in the country otherwise.

BUT, if she leaves the country then my INLAND application will be considered abandoned.

does this make sense? or i'm assuming it wrong?

Thank you in advance.

Yes - that more or less right. As explained by others, the OWP application is what will give her legal status in Canada - not the inland application.

 

[profiler]

That'd be ironic,

lets say if the OWP is rejected and she is out of status for her visiting visa, then she has to leave the country as she'd be illegally staying in the country otherwise.

BUT, if she leaves the country then my INLAND application will be considered abandoned.

does this make sense? or i'm assuming it wrong?

Thank you in advance.

If the application is inland and the application was not returned or refused, and she filed for the OWP, it's almost guaranteed that it will be sent to her.