Spousal Sponsorship in-land Applications 2017 timeline and updates

[Nlkko]

Thank you

You shouldn't be paying for GCMS. It's free via the Privacy Act.

Request it here: https://atip-aiprp.apps.gc.ca/atip/welcome.do

Choose Privacy Act instead of Personal Information Act.

 

[melissaj]

You shouldn't be paying for GCMS. It's free via the Privacy Act.

Request it here: https://atip-aiprp.apps.gc.ca/atip/welcome.do

Choose Privacy Act instead of Personal Information Act.

I paid for mine. Never knew it was free. Anyways it worked out for me. If ordering the GCMS notes helped with my application then its the best $18.00 I ever spent...lol.

 

[ersar]

If her permit expired she has "lack of status" which means she doesn't have a valid permit or visa. However, she can still be granted PR. She is technically not allowed to stay, but there is a public policy which basically says that it is in the public interest to assess all foreign nationals regardless of status. This means that even though your wife has lack of status, her PR can still be processed AS LONG AS you guys meet all other requirements in your application (including that your wife has a valid passport).

HOWEVER, this comes with some limitations including forfeiting the right to appeal should the application be refused, longer processing times than an oversea application, and the requirement that your wife stay Canada until the application is finalized (she cannot travel).

Still, the fact that your wife can still be processed for and granted PR does not mean that she has a valid status. Temporary resident permit (student, work, visit) is a separate thing.

At this point you have 3 paths, I think.

1. Your wife stays>keep processing your PR application>make sure you meet all other requirements>your wife stays put in Canada and can't work or study>If all else is complete and approved, your wife gets the PR

2. You do what the lawyer said>remove your application>your wife leaves the country>your wife applies overseas>you will be separated during this time>she comes back to Canada.

3. You remove your application> your wife leaves the country>your wife gets a new proper temporary resident permit (visit, work, study) (this is because more than 90 days passed)>your wife comes back in>you guys apply inland again. (This one might be a bit more complicated depending on your wife's country)

I recommend you read this policy, I found it very useful.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html?wbdisable=true#8

https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/ip/ip08-eng.pdf (same info, complete document)


About your wife's permit:

2. Temporary Resident Permits
What happens when a person falls out of status and the ninety days have elapsed? At this point, it is advisable for the individual to exit Canada. That said, as a last resort the law allows for the submission of an application for a Temporary Resident Permit if compelling reasons why they should be allowed to remain in Canada can be established and the risk to Canadians is minimal, among other factors.


Discuss your options with your wife, the pros and cons. I hope you find a solution and I wish you the best.

th

Who wants to send his out of status wife home? I suggest you read ip8 to understand the public policy considerations. My understanding is that she need not withdraw her application as it will be considered on public policy grounds and she will be sent a letter that she is now eligible to apply for PR and can apply for a work permit at that point if she needs to. Her a second opinion before taking word from one lawyer because their advise is not entirely wrong and if your wife is on the wrong side of the law or something triggers the need to find out her immigration status, her application does not guarantee her right to remain in the country so let's not trash everything but be careful on what to digest and what to seek further advise on.

I don’t think you wife needs to leave the country. I’m without status since september and won’t get OWP until AIP get approved and it takes around of 10 month so I’ll be out of status for almost a year. I’ve seen people here that was out of status for 5 years. The only thing is that she won’t be able yo have a drivers license or health care for that waiting period! I would not leave as CIC is aware that she is out of status!

Hope this helps!

but you applied for OWP with your PR application I suppose you have implied status

 

[ersar]

Who wants to send his out of status wife home? I suggest you read ip8 to understand the public policy considerations. My understanding is that she need not withdraw her application as it will be considered on public policy grounds and she will be sent a letter that she is now eligible to apply for PR and can apply for a work permit at that point if she needs to. Her a second opinion before taking word from one lawyer because their advise is not entirely wrong and if your wife is on the wrong side of the law or something triggers the need to find out her immigration status, her application does not guarantee her right to remain in the country so let's not trash everything but be careful on what to digest and what to seek further advise on.

thanks for the advise. even if he gets her letter of PR eligibility since she is overstayed probably she can't apply for work permit anymore but ip8 may apply at least until the decision is made

 

[ersar]

Hope this helps![/QUOTE]

Hey, I would say do not rush and send your wife out of Canada and withdraw your application. Talk to different Immigration Lawyers (Lawyers and not consultants there is a huge difference ) as i have seen a lot of people who were out of status from a long time have applied for PR and are still staying in Canada until their case gets processes. I would say do not over complicate things and talk to an experienced Immigration Lawyer, i am pretty sure your wife can stay here until the processing.

thanks for the advise

 

[futurepr]

Today I received a letter from MIDI with the payment confirmation of the CSQ. Does somebody know how long will take to receive after that?

 

[arvinderps]

Application recieved 29jan.. I called CIC.. they have retured my application.. they sent back on 13 march.. but i have not recieved it yet.. how long that take usually?

 

[pops62]

Hi guys,

I am May 2017 in land applicant and I just checked my ecas and I realize it says they started to process My application on March 9th,2018, that was last week. On my sponsors ecas it was saying in process now its saying application received. Anyone has this experience?

 

[Jz7881]

Hi guys,

I am May 2017 in land applicant and I just checked my ecas and I realize it says they started to process My application on March 9th,2018, that was last week. On my sponsors ecas it was saying in process now its saying application received. Anyone has this experience?

I did applicant july 2017 receieved sep.crimanal ckeck jan 2018 its says onncic page receving

 

[SunnyK17]

Today I received a letter from MIDI with the payment confirmation of the CSQ. Does somebody know how long will take to receive after that?

About 2 weeks

 

[Cldinha]

th




but you applied for OWP with your PR application I suppose you have implied status

Implies sta

th




but you applied for OWP with your PR application I suppose you have implied status

As per the definition on the cic website we are only on implied status if you apply for your OWP extension before your current one expires:

“Implied status
If a visitor, student or foreign worker applies to extend their status, before that status expires, they can legally remain in Canada until a decision is made on the application. In this situation, the person has implied status”

So in this case I’m out of status as when I applied my permit was already expired!!

 

[Tin tin]

thanks for the advise. even if he gets her letter of PR eligibility since she is overstayed probably she can't apply for work permit anymore but ip8 may apply at least until the decision is made

Yes she can. It will be stated in that AIP letter. Every applicant out of status may apply for a work permit upon being approved in principal.

 

[gabrielasqs]

@futurepr 2 weeks

 

[EGH]

Do they requested the Criminal Records from Canada or just outside the country?

Just for Canada.

 

[Amsadek4u]

Hi guys,

I am May 2017 in land applicant and I just checked my ecas and I realize it says they started to process My application on March 9th,2018, that was last week. On my sponsors ecas it was saying in process now its saying application received. Anyone has this experience?

They are working on your application and you should have AIP, SA and DM soonest. It’s a good sign