Spousal sponsorship

[bk2001050]

Also just for all those applying under this spousal category, be advised there was a leaked classified document which some lawyer obtain using right to information act. It shows exactly how CIC officers asses marriage applications. Its a three page document, just google it. They have excellent Public Relations so they buried the story which is why no one here has mentioned it. If you are applying I would read it to see exactly how they determine the bona fides of a relationship and organize the application accordingly. Also just thought I would mention that CIC doesnt seem to like chinese people lol as it says in the document and some of the stuff is pretty racist and offensive towards genuine couples.

 

[Johny Bravo]

If you lived with her for 12 months or more continuously then this would apply to you as she would be your common law partner and should have been added to the app.

If she was just your gf then you did nothing wrong by not including her.

Thank you for your response.
No we haven't been living together. I've met her during that one year she was here and we were just dating.

 

[Thy]

54 days is the current average, not the maximum.

:'( aww I'll try to keep my hopes up. Anyone know is there is a "high season" for applications? Do CIC receive more applications during summertime because it is the wedding season? Or it doesn't change anything?

 

[ImABule]

Thank you for your response.
No we haven't been living together. I've met her during that one year she was here and we were just dating.

Then once you marry her you are free to sponsor her.

 

[vladikim]

Hi guys! Do you know how soon can We start checking ecas since the time application has been sent?

 

[bk2001050]

The majority of `opinions' here, is that you could not continue to work after your PGWP had expired. Where did you see concrete evidence that you could have?

You must now wait for the OWP to work for a new employer.

This is not true at all. If you have applied under spousal category and if CIC has acknowledged that your application for permanent residence has been received on on or before the date your work permit officially expired, you have IMPLIED status. This means that it implies that you can continue to work or study or do whatever it is you are currently entitled to do as long as you want until a decision is made on your PR application as long as it is inland. Refer to R183(5) of the IRPA act. Or simple click on this link http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-183.html
However implied status is a complicated issue i.e there is not a lot of legislation regarding this. You should definitely contact service canada and ask them if they have deactivated your SIN number, and if they have show them a letter from CIC and your application saying you have requested to extend stay as a permanent resident.

 

[canuck_in_uk]

This is not true at all. If you have applied under spousal category and if CIC has acknowledged that your application for permanent residence has been received on on or before the date your work permit officially expired, you have IMPLIED status. This means that it implies that you can continue to work or study or do whatever it is you are currently entitled to do as long as you want until a decision is made on your PR application as long as it is inland.

Wrong. Submitting a PR application has NOTHING to do with Implied Status and AOR does not grant any form of status. Implied Status is only granted when a person applies to extend their temporary residency prior to their current status expiring. If an inland applicant submits an OWP along with their PR app, it is the OWP app that will give them Implied Status. However, those here on IEC and PGWP cannot continuing working on Implied Status.

 

[bk2001050]

An OWP or Open Work Permit does not give you implied status but rather full status. It means you have full legal status to work here. As far as applying to 'extend their current residency prior to their current status expiring' it can be easily argued in a federal court that applying for PR inland means that the candidate has successfully applied to extend their current status beyond the expiry date.
Tell me something, if you had a study permit and within the last 15 days of its expiry you complete school and apply for an open work permit which takes a 45 days to process for example, does that mean you are out of status for 30 days and can be deported anytime until you receive a decision on your work permit application? In that scenario implied status is granted to many people I have known here then why not to people that have applied for PR inland before current status expiry date?

 

[canuck_in_uk]

An OWP or Open Work Permit does not give you implied status but rather full status. It means you have full legal status to work here. As far as applying to 'extend their current residency prior to their current status expiring' it can be easily argued in a federal court that applying for PR inland means that the candidate has successfully applied to extend their current status beyond the expiry date.

You are misunderstanding Implied Status. If a person applies for inland PR with an OWP app while here on valid status and then their current status expires, they will be on Implied Status because of the OWP app. The PR app has nothing to do with it.

It can't be argued in court that applying inland counts as extending one's status. The rules are very clear in stating that Implied Status is only given when a person applies to extend their temporary resident status (visitor, student, worker).

 

[Maggiemalhotra]

Hi everyone ,

Need expert advices, I'm june'15 applicant. Recently my notes showed my eligibility to be passed but when I link my application to the online CIC site eligibility still shows : review in progress. What could be reason please , anyone ?

 

[scylla]

This is not true at all. If you have applied under spousal category and if CIC has acknowledged that your application for permanent residence has been received on on or before the date your work permit officially expired, you have IMPLIED status. This means that it implies that you can continue to work or study or do whatever it is you are currently entitled to do as long as you want until a decision is made on your PR application as long as it is inland. Refer to R183(5) of the IRPA act. Or simple click on this link http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-183.html
However implied status is a complicated issue i.e there is not a lot of legislation regarding this. You should definitely contact service canada and ask them if they have deactivated your SIN number, and if they have show them a letter from CIC and your application saying you have requested to extend stay as a permanent resident.

The spousal PR application alone doesn't give you implied status. Unfortunately you seem to have a few misconceptions about how all of this works.

 

[tucosword]

I applied to sponsor my wife(American) in mid-june 2016, couple weeks ago I got the SA and it was forwarded to Ottawa for further processing.
Today my wife receives an email asking her to send to Ottawa proof that her sponsor(me) resides in Canada(so pay stubs, T4, utility bills etc
No problem, I'l get those to her to send to Ottawa.

but I am a little surprised..
1) why wouldn't this be checked before SA?
2) why not just ask me...

lol... we were expecting them to wonder about stuff from her end and not the scrutiny on me...
*chuckle*

 

[Ponga]

An OWP or Open Work Permit does not give you implied status but rather full status. It means you have full legal status to work here. As far as applying to 'extend their current residency prior to their current status expiring' it can be easily argued in a federal court that applying for PR inland means that the candidate has successfully applied to extend their current status beyond the expiry date.
Tell me something, if you had a study permit and within the last 15 days of its expiry you complete school and apply for an open work permit which takes a 45 days to process for example, does that mean you are out of status for 30 days and can be deported anytime until you receive a decision on your work permit application? In that scenario implied status is granted to many people I have known here then why not to people that have applied for PR inland before current status expiry date?

And I will be the third person here to say that you are wrong.
Applying for PR is NOT extending their current status. They are applying for something entirely different, right?

A person that loses status has 90 days to apply for Restoration of Status, so your "out of status for 30 days and can be deported anytime" is also not true.

 

[Neenvin]

Hi everyone
I am currently sponsoring my husband and his application was trasferred to manila VO last week. My concern is, I didn't change my lastname on my passport and my ontario ID (similar to driver license) only. I changed my lastname for my health card, SIN card and bank card. I also stated on the application that I currently use my last name and my husband's lastname.
Would that affect my husband's application or make our relationship not genuine?
If I change my lastname on my passport and Ontario ID while in process, would that delay the application? And also should I email manila VO or call cic about the change?

 

[dpard]

Hi All,

Can anyone share their PR landing experience in Canada? My wife will be landing end of this month and I was wondering what does she need to bring along (besides the passport and Confirmation of Permanent Residence (COPR) of course).

Also, I have heard that since she's coming to Canada for the first time, the amount of Jwellary she can bring with her is unlimited. Is this correct?

Any assistance/advise will be greatly appreciated.

Thanks