I read about your reply somewhere here about staying here without a legal status and applied for spousal sponsorship.. what do you mean by saying as long as you have legal status in Canada when you are sponsored you have no problem with the 6 mos time line to get an open work permit.. so Rob what happened if we don't have legal status when we applied for spousal within Canada.. Is this the reason why my papers are transferred to the local office? Do I have the chance to be given work permit if my case is I overstayed and was denied for an extension and denied restoration again? Pls Rob help..I am confused.
To Robsluv
- Thread starter kessa
- Start date
RobsLuv
Champion Member
- Jul 14, 2008
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- Category........
- Visa Office......
- Buffalo
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- Original:14Mar2007; Reprocess began after appeal:26Apr2010
- Doc's Request.
- Original:9May'07; Reprocess:7May'10
- AOR Received.
- Original:28Apr'07; Reprocess:26Apr'10
- File Transfer...
- n/a
- Med's Request
- Reprocessing:7May2010
- Med's Done....
- Jun2010
- Interview........
- n/a
- Passport Req..
- 30Nov2010!!
- VISA ISSUED...
- 31Dec2010!!
- LANDED..........
- 31Jan2011
Yep. that would be the reason your file was transferred to the local office - because you don't have legal temporary status in Canada, your case has to have special processing. I guess maybe this is because CIC sees a higher likelihood of non-genuine relationships between sponsors and applicants who no longer have valid temporary status in Canada . . . in other words, someone who loses their temporary status might marry someone in order to stay in Canada, so CIC wants to look more closely at the relationship, and so they transfer the file.
Yes, you still have the chance of getting Approval in Principle and a work permit . . . but depending on which local office your file was sent to, you may have to wait longer than the normal 5-6 months it takes to get first stage approval through CPC-V. This type of thing happens all the time now, because people are misled by the Feb 2005 legislation that seems to say that applicants don't have to have legal temporary status to stay in Canada, as long as they file an inland PR ap. What it actually says is that applicants without legal temporary status can now apply for PR from within Canada (they didn't used to be able to), and even be approved for PR - if they have an eligible sponsor and a genuine relationship - but they are still responsible for maintaining legal temporary status or they cannot work or study, and they risk removal from Canada.
Now, CIC doesn't seem to be actively removing applicants without legal temporary status after they've filed inland PR aps - so in some ways, it does protect you. But they are making them wait much longer to get AIP . . . which makes you "legal" again because your work permit will be your new temporary status document.
Have your sponsor contact the Call Centre to find out the processing times for the local office your file was sent to. You shouldn't call because they will ask you all kinds of questions about where you are, what your status is, and then threaten to start removal proceedings because you have overstayed. You don't need that! Or you can tell us which local office your file went to and we might have experience and be able to tell you how long to expect.
Yes, you still have the chance of getting Approval in Principle and a work permit . . . but depending on which local office your file was sent to, you may have to wait longer than the normal 5-6 months it takes to get first stage approval through CPC-V. This type of thing happens all the time now, because people are misled by the Feb 2005 legislation that seems to say that applicants don't have to have legal temporary status to stay in Canada, as long as they file an inland PR ap. What it actually says is that applicants without legal temporary status can now apply for PR from within Canada (they didn't used to be able to), and even be approved for PR - if they have an eligible sponsor and a genuine relationship - but they are still responsible for maintaining legal temporary status or they cannot work or study, and they risk removal from Canada.
Now, CIC doesn't seem to be actively removing applicants without legal temporary status after they've filed inland PR aps - so in some ways, it does protect you. But they are making them wait much longer to get AIP . . . which makes you "legal" again because your work permit will be your new temporary status document.
Have your sponsor contact the Call Centre to find out the processing times for the local office your file was sent to. You shouldn't call because they will ask you all kinds of questions about where you are, what your status is, and then threaten to start removal proceedings because you have overstayed. You don't need that! Or you can tell us which local office your file went to and we might have experience and be able to tell you how long to expect.
Oh Rob thanks for the reply... yes,he did call and ask and he almost got a heart attack when he was told to wait for 2 years just to be approved for an sponsorship. I doubt if that call center agent is right but if it is true it makes us sad...My file was transferred to Ottawa Rob. I was just confused Rob coz I have a daughter in my country and we did not include her yet for the sponsorship but she was asked already to do medical and before that she was asked to submit some forms , NSO. BC,Police etc.. she is 21 but still in school for the next 2 years or so..I thought then all is fine but when they transferred our aps to Ottawa I am now thinking..