Status maintain

[Ressie Timbang]

And lastly...do I need to keep my status as a skilled worker until I file my papers?...as I'm in common law relationship now.? So I can stay legally here in canada?.... or being in CL now makes me OK for my status?

 

[Rob_TO]

And lastly...do I need to keep my status as a skilled worker until I file my papers?...as I'm in common law relationship now.? So I can stay legally here in canada?.... or being in CL now makes me OK for my status?

According to your other post you won't be in a common-law relationship until Aug 2014. You need to live together 1 full year with partner, before you are common-law.

And that does not give you any status. You still need to maintain your own visitor, work or study visa to legally stay in Canada.

 

[civic]

Or by filing PR application, s/he will be able to remain in Canada legally without immigration status. That is clearly stated on CIC website for spousal inland applicants. I don't know some people on this forum seemingly try to lead people to believe that an inland spousal sponsorship won't be enough for them to stay here until a final decision is rendered. Nothing can be obvious than that!

 

[steerpike]

Or by filing PR application, s/he will be able to remain in Canada legally without immigration status. That is clearly stated on CIC website for spousal inland applicants. I don't know some people on this forum seemingly try to lead people to believe that an inland spousal sponsorship won't be enough for them to stay here until a final decision is rendered. Nothing can be obvious than that!

Incorrect. CIC states they will still proces the application even if if the person is out of status. That does not mean the person automaticall has status or isn't illegal. CIC doesn't seem to care. But CBSA does indeed care and they can deport anyone who is out of status, including people who are in the middle of the sponsorship process.

It is best to keep your status if possible. So apply for any extensions you need. If you happen to lose status it may not be the end of the world, but it should be a last resort.

 

[civic]

Incorrect. CIC states they will still proces the application even if if the person is out of status. That does not mean the person automaticall has status or isn't illegal. CIC doesn't seem to care. But CBSA does indeed care and they can deport anyone who is out of status, including people who are in the middle of the sponsorship process.

It is best to keep your status if possible. So apply for any extensions you need. If you happen to lose status it may not be the end of the world, but it should be a last resort.

It's just different ways people interpret the law. Is there anyone here that was kicked out in the middle of PR process because the visa was expired? Besides, what will CIC call agents gain by misleading people they can stay just by filing inland spousal sponsorship? While I understand CIC and CBSA and two different agencies. They are both working together to implement government policies and their work (and words) should be in harmony. People here predict too much, mostly predictions that can be confirmed by official sources, and so you're just trying to make things look difficult but in reality nobody can tell for sure.

 

[Carlaganda23]

Incorrect. CIC states they will still proces the application even if if the person is out of status. That does not mean the person automaticall has status or isn't illegal. CIC doesn't seem to care. But CBSA does indeed care and they can deport anyone who is out of status, including people who are in the middle of the sponsorship process.

It is best to keep your status if possible. So apply for any extensions you need. If you happen to lose status it may not be the end of the world, but it should be a last resort.

You are right. I totally agree. If there's any way you can maintain the status till the end of the process it is great but then there are applicants who lose their status for some reasons like refusal of restoration on their study, work, visitors visa.

It happens to many applicants here, I just talked to Marvel here on this forum yesterday. Her husband was failed refugee claimant, they submitted their application last December 2013. Her husband had an interview by the CBSA for PRRA. Luckily, CIC expedite the processing for their Approval in Principle for 60 days and they just received it yesterday.

It's true that CBSA can deport you but they will give you 2 months to get approve for Stage 1, that time they will contact CIC about the Sponsorship and expedite the processing for 60 days.

 

[Ponga]

It's just different ways people interpret the law. Is there anyone here that was kicked out in the middle of PR process because the visa was expired? Besides, what will CIC call agents gain by misleading people they can stay just by filing inland spousal sponsorship? While I understand CIC and CBSA and two different agencies. They are both working together to implement government policies and their work (and words) should be in harmony. People here predict too much, mostly predictions that can be confirmed by official sources, and so you're just trying to make things look difficult but in reality nobody can tell for sure.

While I agree with you that these two `hands' should be communicating with each other, I can tell you that the CBSA Administrative Deferral of Removal that once allowed those that had applied for Inland sponsorship to remain, before they were deemed removal ready, ended in November of 2011. Now, it's anyone's guess as to how things work regarding those that are out of status.

 

[Ponga]

It's true that CBSA can deport you but they will give you 2 months to get approve for Stage 1, that time they will contact CIC about the Sponsorship and expedite the processing for 60 days.

This is not an automatic courtesy that is extended to all out of status applicants. They seem to offer this for those that qualify for PRRA, but if you don't qualify for PRRA...you might be out of luck!

 

[Carlaganda23]

This is not an automatic courtesy that is extended to all out of status applicants. They seem to offer this for those that qualify for PRRA, but if you don't qualify for PRRA...you might be out of luck!

Hi Ponga,

I guess it's mandatory. Most of the applicants who are removal ready has the choice to file for PRRA.

 

[QuebecOkie]

As others have said, being in a CL relationship (or a marriage) with a Canadian citizen does not give you any sort of status in Canada. Nor does filing a PR application, either inland or outland. If you file an inland application and include an OWP application, it *may* give the applicant implied status until a decision is made on stage one. This used to be the case, but after some recent changes at CIC, even the call centre representatives give mixed information as to whether this is still the case.

If it is possible to extend the work permit, or to change it to visitor status, it is best if you maintain status apart from the PR application.

 

[Ponga]

Hi Ponga,

I guess it's mandatory. Most of the applicants who are removal ready has the choice to file for PRRA.

This might be what you are referring to, which was reportedly suspended in November of 2011:

F. ADMINISTRATIVE DEFERRAL OF REMOVAL
The Canada Border Services Agency has agreed to grant a temporary administrative deferral of removal to applicants who qualify under this public policy.


Individuals should keep copies of their application forms, fee remittances and mail receipt as applicable, as proof they have filed an application. Such proof in no way guarantees the grant of a deferral of removal (where relevant) however.


Where the deferral period applies, CIC will make best efforts to process spousal sponsorship cases to a step-one decision within 60-day period. (A step-one decision occurs after CIC has received an application which contains evidence that the applicant is married or in a common-law relationship with an eligible sponsor, is living with that sponsor and that the sponsorship submitted is a valid one.). After a positive step-one decision, the R233 stay will be invoked until such time as CIC makes a final decision on whether to grant permanent residence. More details on the regulatory stay are found below.


Regulatory Stay of Removal
The regulatory stay outlined in R233 will apply to cases considered under the public policy after a positive "step one" or "approval in principle" decision has been made under the regular procedures for the Spouse or Common-law Partner class.
This regulatory stay applies to removal orders if the Minister is of the opinion under subsection 25(1) of the Act that H&C or public policy considerations exist. For cases considered under the public policy, once a positive step one decision is made under the regular procedures for the class (i.e., CIC has received an application which contains evidence that the applicant is married or in a common-law relationship with an eligible sponsor, is living with that sponsor and that the sponsorship submitted is a valid one), an R233 stay will be invoked and will remain in place until a decision on whether to grant permanent residence is made.

 

[Carlaganda23]

This might be what you are referring to, which was reportedly suspended in November of 2011:

F. ADMINISTRATIVE DEFERRAL OF REMOVAL
The Canada Border Services Agency has agreed to grant a temporary administrative deferral of removal to applicants who qualify under this public policy.


Individuals should keep copies of their application forms, fee remittances and mail receipt as applicable, as proof they have filed an application. Such proof in no way guarantees the grant of a deferral of removal (where relevant) however.


Where the deferral period applies, CIC will make best efforts to process spousal sponsorship cases to a step-one decision within 60-day period. (A step-one decision occurs after CIC has received an application which contains evidence that the applicant is married or in a common-law relationship with an eligible sponsor, is living with that sponsor and that the sponsorship submitted is a valid one.). After a positive step-one decision, the R233 stay will be invoked until such time as CIC makes a final decision on whether to grant permanent residence. More details on the regulatory stay are found below.


Regulatory Stay of Removal
The regulatory stay outlined in R233 will apply to cases considered under the public policy after a positive "step one" or "approval in principle" decision has been made under the regular procedures for the Spouse or Common-law Partner class.
This regulatory stay applies to removal orders if the Minister is of the opinion under subsection 25(1) of the Act that H&C or public policy considerations exist. For cases considered under the public policy, once a positive step one decision is made under the regular procedures for the class (i.e., CIC has received an application which contains evidence that the applicant is married or in a common-law relationship with an eligible sponsor, is living with that sponsor and that the sponsorship submitted is a valid one), an R233 stay will be invoked and will remain in place until a decision on whether to grant permanent residence is made.

+1 for you Ponga! Yup this is what I meant...
Thank you for clarifying this one for me but I do believe CBSA will make an effort to contact CIC, just like the case of Marvel. Her husband didn't file for PRRA yet but they received a reply from CIC for stage 1 Approval. They sent their application last December 2013 and received an AIP April 16,2013. That was sooo quick!!!

 

[steerpike]

It's true that CBSA can deport you but they will give you 2 months to get approve for Stage 1, that time they will contact CIC about the Sponsorship and expedite the processing for 60 days.

So getting reported is a great way to knock 8 months off your wait time? LOL.

The advice that should be given on this forum for inland applicants should be: maintain your legal status if at all possible. Its that simple.

Look, you can smoke marijuana on the streets in Vancouver and the cops won't arrest you. That's not the same as marijuana is legal. Don't confuse failure to enforce with legal status.

 

[ashleycass30]

This might be what you are referring to, which was reportedly suspended in November of 2011:

F. ADMINISTRATIVE DEFERRAL OF REMOVAL
The Canada Border Services Agency has agreed to grant a temporary administrative deferral of removal to applicants who qualify under this public policy.


Individuals should keep copies of their application forms, fee remittances and mail receipt as applicable, as proof they have filed an application. Such proof in no way guarantees the grant of a deferral of removal (where relevant) however.


Where the deferral period applies, CIC will make best efforts to process spousal sponsorship cases to a step-one decision within 60-day period. (A step-one decision occurs after CIC has received an application which contains evidence that the applicant is married or in a common-law relationship with an eligible sponsor, is living with that sponsor and that the sponsorship submitted is a valid one.). After a positive step-one decision, the R233 stay will be invoked until such time as CIC makes a final decision on whether to grant permanent residence. More details on the regulatory stay are found below.


Regulatory Stay of Removal
The regulatory stay outlined in R233 will apply to cases considered under the public policy after a positive "step one" or "approval in principle" decision has been made under the regular procedures for the Spouse or Common-law Partner class.
This regulatory stay applies to removal orders if the Minister is of the opinion under subsection 25(1) of the Act that H&C or public policy considerations exist. For cases considered under the public policy, once a positive step one decision is made under the regular procedures for the class (i.e., CIC has received an application which contains evidence that the applicant is married or in a common-law relationship with an eligible sponsor, is living with that sponsor and that the sponsorship submitted is a valid one), an R233 stay will be invoked and will remain in place until a decision on whether to grant permanent residence is made.

+1 also from me PONGA!!!

i have read that in the cic website under IP08, i am not yet done reading it because its 74 pages if i am not mistaken...

 

[Carlaganda23]

So getting reported is a great way to knock 8 months off your wait time? LOL.

The advice that should be given on this forum for inland applicants should be: maintain your legal status if at all possible. Its that simple.

Look, you can smoke marijuana on the streets in Vancouver and the cops won't arrest you. That's not the same as marijuana is legal. Don't confuse failure to enforce with legal status.

Hi steer pike,

I can understand what you meant but there's certain circumstances that your status isn't restorable anymore and your last resort is to continue filing an Inland Sponsorship because you don't want to be away with your partner.

It happens.... But it's better for you to maintain a legal status if you can. I'm not saying 8 months before the CBSA will knock at your door. There are applicants here that had their application approved after 4 months from filing it's because the man is removal ready. It's a case to case basis.