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

[Line.a]

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.

Alright, but the extension we applied that was valid until August 9th was applied for a day before the IEC expired, the inland and OWP was sent a couple days before the IEC expired. I apologize if I make it look confusing, I just don't wanna end up being in trouble knowing if we should have extended our stay again when the extension ran out. That's all!

 

[hockeyfan]

Alright, but the extension we applied that was valid until August 9th was applied for a day before the IEC expired, the inland and OWP was sent a couple days before the IEC expired. I apologize if I make it look confusing, I just don't wanna end up being in trouble knowing if we should have extended our stay again when the extension ran out. That's all!

Line A,

No offense, I think everyone has said you are not out of status. Just curious why you keep asking? If you are extremely worried I would contact an immigration lawyer and ask. Get a consultant, do something to ease your troubled mind on this matter.

Best of luck,

 

[Line.a]

Line A,

No offense, I think everyone has said you are not out of status. Just curious why you keep asking? If you are extremely worried I would contact an immigration lawyer and ask. Get a consultant, do something to ease your troubled mind on this matter.

Best of luck,

I just can't get my head around it, i am sorry! I am worried about the fact we may have needed to extend it once again after it ran out, that is all. So getting different opinions were handy I thought, I don't mean to bug you with it! Can't afford it, we can't even afford if we need to extend it, sad to say

 

[hockeyfan]

I just can't get my head around it, i am sorry! I am worried about the fact we may have needed to extend it once again after it ran out, that is all. So getting different opinions were handy I thought, I don't mean to bug you with it! Can't afford it, we can't even afford if we need to extend it, sad to say

Honestly, I wouldn't worry about it anymore, it's too late to question as to what you did wrong. But I personally think you are fine. You applied to extend your status online, got it extended before your status ran out. Than you applied for PR within Canada along with an OWP right? This application for an OWP gives you implied status. Then you didn't extend your visitor status online anymore after the OWP. You still had valid status within Canada the whole time throughout the process. If anything, you have a double safety net as you applied twice to renew status / get new status with a new application, while you are waiting in Canada you are valid because of the OWP application.

 

[Ponga]

Hey Line A...wanna sell the extra safety net that hockeyfan says that you have?

 

[Line.a]

Honestly, I wouldn't worry about it anymore, it's too late to question as to what you did wrong. But I personally think you are fine. You applied to extend your status online, got it extended before your status ran out. Than you applied for PR within Canada along with an OWP right? This application for an OWP gives you implied status. Then you didn't extend your visitor status online anymore after the OWP. You still had valid status within Canada the whole time throughout the process. If anything, you have a double safety net as you applied twice to renew status / get new status with a new application, while you are waiting in Canada you are valid because of the OWP application.

I wish I would have the attitude to not worry about it and think its fine, I am just an all worried type of person and it keeps running in circles.. It's frustrating and I can see why it bugs people! I am gonna try my hardest not to mention it again, and just go along and see what happens! Thank you for your input!!

 

[Line.a]

Hey Line A...wanna sell the extra safety net that hockeyfan says that you have?

I'd give it to you if possible lol, you seem to need it as well

 

[charliem]

Doesn't qualified sponsor mean 'approved sponsor'?

If so, staying in Canada without legal status applies only after one's sponsor has been approved (AIP). It is then that one does not worry about extending a visitor visa or some other visa in order to remain.

 

[hockeyfan]

I wish I would have the attitude to not worry about it and think its fine, I am just an all worried type of person and it keeps running in circles.. It's frustrating and I can see why it bugs people! I am gonna try my hardest not to mention it again, and just go along and see what happens! Thank you for your input!!

Yeah, I understand, it's the whole process of applying for PR!! You're going to go stir-crazy if you keep questioning yourself though, but I think you are fine. There must be some free consultants or something around you? I think you could look online and find some.

And also, from my understanding of this whole inland process, applicant's can still be out of status and become a PR as long as there are no other things like criminality or fraud or something that would prevent them from becoming a PR. It may be a longer process, but it should be all good. Please read the operational manual and you can find out for yourselves!

 

[hockeyfan]

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.

This is correct, however, once you get AIP and receive your OWP, you now have valid status. It closes the loop and you are no longer out of status.

 

[Ponga]

Doesn't qualified sponsor mean 'approved sponsor'?

If so, staying in Canada without legal status applies only after one's sponsor has been approved (AIP). It is then that one does not worry about extending a visitor visa or some other visa in order to remain.

I was focusing on the word `eligible'.

My sponsor is more than eligible, so until she is deemed `denied', I was under the impression that this administrative decision from CIC would cover people out of status, from when the application was mailed, or at the very least when AOR was sent. Granted it does not change a persons status, but does allow them to remain until AIP.

 

[Ponga]

Oh good grief...

I just called CIC again and spoke with someone else that basically negated what I was told earlier today.

I told the gentleman that I was given some `disturbing' information earlier today, that contradicted most of what I had gathered, regarding my PR application.
My hope was to hear that the previous information was incorrect...which, it seems to have been.

He said that...
I can apply Inland an remain here while the application is being processed.

I can apply for an OWP which if approved, will be issued with AIP (even though it will not restore my status).

And, even though it is possible that my/our application could be sent to Etobicoke, resulting in a much longer delay for AIP, it's not likely unless there's a doubt in the relationship. He assured me that being out of status does not necessarily mean that our file will be going...East of Alberta.

*whew*

Lesson for the day:
Think twice before calling CIC. Or, at the very least, call back until you get the answer that you WANT. ???

 

[jomz]

Ponga I can only advise you that often times call centre will give you wrong information, so it is best to know and research on your own to know what the immigration laws are. Based on your post, you came to Canada from a visa exempt country (USA) and at the border you were told you can stay up to 6 months. Before the 6 months expired did you apply to extend your stay? If the answer is no, well you may be in a world of trouble. If you overstayed your initial visit without first applying for an extension and if your Family sponsorship was not applied for prior to the 6 month period expiring, you are now in Canada illegally.

Visitors can extend their stay for longer than six months, but you are expected to advise CIC of the extension about 30 days before your "temporary resident visa" expires. Since you have no visa, that would mean let them know at the five month mark that you plan to stay longer than six months. You would fill out form IMM-1249, which is the Apllication to Change my Conditions, Extend My Stay, or Remain in Canada.
http://www.cic.gc.ca/english/information...

If your currently overstay is less than 90 days you can apply to restore your visitor status.

If you have now been in Canada for more than 90 days since the initial six months without first extending your status as per above, you cannot restore your status and you will need to leave Canada.

If the above is the case, I think that you may want to discuss the situation with an immigration lawyer. If you are overstaying, you could face deportation.

 

[Ponga]

P
If you have now been in Canada for more than 90 days since the initial six months without first extending your status as per above, you cannot restore your status and you will need to leave Canada.

If the above is the case, I think that you may want to discuss the situation with an immigration lawyer. If you are overstaying, you could face deportation.

Thank you for your reply, but I believe that my Inland application means that I do NOT need to leave Canada, as per the revised policy from Feb 2008:
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GOOD NEWS FOR OUT OF STATUS SPOUSES AND COMMON LAW PARTNERS

In a previous article, we mentioned that the new federal minister of immigration was likely to change immigration rules. It appears that the Honourable Joe Volpe, Minister of Citizenship and Immigration has not wasted much time in his new position.

Effectively immediately, spouses and common-law partners in a genuine relationship with a Canadian citizen or permanent resident, regardless of status, are able to apply for permanent residence.

Under the previous laws, those who were married to Canadians were only able to apply if they had valid immigration status in Canada. As of today, that has changed and those who are in hiding and married to Canadians or residents can come out and formally apply for permanent residence. This is really good news and a step in the right direction.
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As I stated in the original post, I have consulted with an immigration attorney when I/we first started this whole process and was told that I should apply Inland, if I wanted to remain during the approval process. This was confirmed by several other experts, not the least of which has been the very kind members in this very forum. The ONLY person that said anything to the contrary, was the first person that I spoke with this afternoon.

I do concur that calling CIC is a bit of a crap shoot in getting a straight answer.

 

[jomz]

You are quite correct. I think the only thing that can happen is a delay in processing because you will more than likely need a landing interview and will not require to go to the border for the landing.

There seems to be a lot of confusion with respect to the laws and they do seem unclear in many instances. I've read previously that there was a lady who received a letter from the VO saying she cannot be sponsored for whatever reason, in the end she sent pages of the CIC operational procedures to that VO to show them that they do not know their own procedures. She was granted an administrative review of her file, and the review determined that the officer was wrong, and shortly thereafter she was granted a PR status.