Thanks for the near `Heart-a-Stroke' today CIC!

[Ponga]

So, I decided to call CIC to get clarification on a couple of the forms that I need to submit in my Inland application for Common-Law sponsorship (which is nearly complete). I've spoken with them on two previous occasions and have found their phone support to be helpful and understanding. However, the person that I spoke with today said something that nearly made my knees buckle.

I'm an American that is applying for PR via my Canadian citizen/partner under Common-Law Sponsorship . I have been in Canada beyond my visitor status (hence the Inland application as opposed to the expeditious Outland application). This is really the only reason why I chose the Inland route...to be able to stay with my partner in Canada until the application has been processed and, ultimately approved.

When I mentioned to the CIC agent that I was applying Inland because of my current [lack of] status, he said:
"You can only file an Inland application BEFORE your status expires".

Wha?!?!?! Huh?!?!?!
When I replied, in a rather shaky tone, that I was told that this Inland application is in place for those like myself that are in this situation and while it doesn't restore my status, it does allow me to stay here, thanks to the CIC administrative decision to no longer deny applicants based solely on immigration status.

He placed me on hold for about 10 minutes...and I was sure he was tracing the phone call...ok, probably not.

He returned to the line and said:
"The way I read the information in the instruction guide [IMM5289ETOC] you need to have valid status BEFORE you complete and send the application".

"Uh...pardon me", I mumbled. To say that I was shocked would be like calling Moby Dick a minnow.

This is what I can only assume that he was referencing (from the instruction guide):
Maintaining legal status

---
Spouses and common‑law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are no longer required to have legal immigration status provided that they have an eligible sponsor. All other eligibility requirements continue to apply.
---

He also informed me that my application for an OWP (I referenced IMM5710E, BECAUSE of my status) would be a waste of my time, due to my status issue. When I replied that I thought the AIP would allow the OWP to be issued, he emphatically proclaimed that it would NOT...due to my status.


Am I missing something here, or was he just not quite up to speed on his information about these two matters?


I don't smoke; never have, but...I *almost* want to start right now!

 

[Line.a]

I had a great confusion about this as well. We sent our inland app off just a day before my IEC visa expired, I quickly went online and applied to change my status from worker to visitor and paid the fees that very day before it expired, cause I wasn't sure if I could be out of status or not.

But the thing you pasted makes sense that as long as you have an eligible sponsor, so why would he tell you you'd need to have status beforehand?

I would contact Screech or Rob_TO about this, he frequents in the 2012 forum and I am sure they would be much more of a help than myself! But in my opinion and the way we understand it, is that you can still be out of status. Could be wrong, I hope you sort it out!

 

[Line.a]

And don't smoke. It's a nasty habit that will only make you worry more, trust me! Everything is going to be fine, you called and asked about it. I hope some seniors are able to guide you! Fingers crossed!!

 

[Ponga]

Thanks.

I think the part that he didn't understand was the word HAVE, not MAINTAIN in that excerpt.

As far as the OWP goes, it's really not that critical (but would be nice to have). I currently work remotely (telecommute) so I'm not needing the ability to work in Canada.

 

[Line.a]

Thanks.

I think the part that he didn't understand was the word HAVE, not MAINTAIN in that excerpt.

As far as the OWP goes, it's really not that critical (but would be nice to have). I currently work remotely (telecommute) so I'm not needing the ability to work in Canada.

I think if you include an OWP along with your inland app and have that pending it will automatically give you implied status. That's the way I understand it. If only CIC would inform us all about it as we apply so we don't have to stress, figuring out how to apply it the way they want it to be! They don't make it easy haha!

 

[scylla]

I think if you include an OWP along with your inland app and have that pending it will automatically give you implied status. That's the way I understand it. If only CIC would inform us all about it as we apply so we don't have to stress, figuring out how to apply it the way they want it to be! They don't make it easy haha!

That's not the case if you are out of status. If you have status in Canada when you submit the inland application - then you get implied status. However if you're out of status when you submit the application - then you are still out of status after you submit the application.

 

[scylla]

Thanks.

I think the part that he didn't understand was the word HAVE, not MAINTAIN in that excerpt.

As far as the OWP goes, it's really not that critical (but would be nice to have). I currently work remotely (telecommute) so I'm not needing the ability to work in Canada.

I would apply outland if I was in your shoes (you can apply outland from Canada). Based on what I've seen here, it seems that inland applications for people who are out of status have a much higher chance of being forwarded pre-AIP to the Etobicoke office for further review. And once your file hits the Etobicoke office, it's anyone's guess how many months that will add to your process (could easily take the first stage of processing from 11 months to closer to 2 years).

 

[Ponga]

Hmmm...not quite exactly as I understood the system.

I didn't expect the OWP to restore my status, but thought that the AIP would allow me the option to work.

Thanks very much for the clarification.

 

[Ponga]

I would apply outland if I was in your shoes (you can apply outland from Canada). Based on what I've seen here, it seems that inland applications for people who are out of status have a much higher chance of being forwarded pre-AIP to the Etobicoke office for further review. And once your file hits the Etobicoke office, it's anyone's guess how many months that will add to your process (could easily take the first stage of processing from 11 months to closer to 2 years).

Aw geez...this is not how I expected my Friday to unfold.

I understand that there could be a longer processing time (even more so now), but applying outland doesn't seem to be an option, as I want to stay with my partner.

 

[Line.a]

That's not the case if you are out of status. If you have status in Canada when you submit the inland application - then you get implied status. However if you're out of status when you submit the application - then you are still out of status after you submit the application.

Thanks. So in our case because we extended my stay online just before my IEC visa ran out, I would have been fine, right? I got the extension by mail a month or so later and it ran out in August this year. We haven't done anything since then!

 

[scylla]

What I'm saying is that submitting the inland application alone doesn't restore your status. So right after you submit the inland application you will still be without status in Canada. In other words, implied status doesn't apply to your situation.

 

[scylla]

Thanks. So in our case because we extended my stay online just before my IEC visa ran out, I would have been fine, right? I got the extension by mail a month or so later and it ran out in August this year. We haven't done anything since then!

I'm not sure I understand your question. It sounds like your IEC ran out a number of months ago. However you submitted an extension of stay before your IEC visa expired. This extension expired this past August and you didn't extend your stay further before the expiry date of your extension. Is that correct?

If so, they yes - you're out of status and you will still be out of status once you submit the inland application.

 

[Ponga]

So, to clarify:

The Inland application (with a qualified sponsor) does allow someone to remain in Canada while the application is being processed, correct?
I realize it doesn't change a persons status, but does offer at least an umbrella policy, of sorts, to not be removed based on this issue only...right?


Again, the need for an OWP is really secondary, so it's not the end of the world.

Thank again,

 

[Line.a]

My IEC visa was valid until February 11th 2013
We mailed off our inland app with OWP on the February 9th 2013, but they didn't receive it until 4-5 days later since it was sent on a Friday
We extended my stay online and got an email verification they received it so we'd been on implied status from there on?
The extension was valid until August 9th

Haven't taken any action since then, since we were under the impression OWP gave us implied status!

 

[scylla]

My IEC visa was valid until February 11th 2013
We mailed off our inland app with OWP on the February 9th 2013, but they didn't receive it until 4-5 days later since it was sent on a Friday
We extended my stay online and got an email verification they received it so we'd been on implied status from there on?
The extension was valid until August 9th

Haven't taken any action since then, since we were under the impression OWP gave us implied status!

Your situation is completely different. You submitted the inland application BEFORE your status expired on August 9th. This means you have implied status.

The OP is already out of status and will be submitting the inland application AFTER the status has expired. Submitting an inland application doesn't immediately give the applicant their status back.