VioletBlue, Ponga, Mekima, please help!!

[Pata]

I've been reading this forum since I started my Immigration process and it has been very helpful, now I have some questions and I need some help...

Me and my husband applied for an Inland sponsorship on April 2014, just 3 months after I became out of status.

We never received anything from CIC until September 11th 2015 when they sent me an email requesting medical forms, CSQ and police clearances. We were very shocked because as I said, that was the first communication we ever got from CIC. Then we went into the online services and saw that they actually started processing our application on July 8th and they've sent correspondence to me on April 8th and to my husband on July 20th.

In order to get the police clearances from my country, I needed to get my birth certificate which was sent to me but got retained by CBSA.
I got a call from them asking me what was my status in Canada and if i was supposed to receive a package. I was very honest and said that I was out of status but waiting for an inland sponsorship to be approved. The officer told me that she was going to call CIC to verify the information and if she did so, then CBSA would release my package, which they already did.

Now, my question is...

Now that CBSA knows that i'm in Canada and i'm out of status, what are my chances to get my sponsorship application approved before being removed?

If I already received the request for medicals, does that mean that my application is in 2nd stage? How long does it take to get to DM?

If I receive medical request, does that mean that I got AIP and SA? or how does it work?

Thank you for all your help!

 

[Ponga]

The medical and police checks are part of the second stage, so it's certainly possible (or even likely) that you have AIP...which would be another reason why CBSA is not too concerned...for now. I suspect that CBSA is taking a `wait and see' approach, before starting any kind of removal action.

Even though the Administrative Deferral of Removal policy, that CBSA had, expired in November 2011, they're still adhering to it (I think) for most Inland applicants.

The fact that they released your birth certificate, so that you could comply with CIC's request to obtain your PCC, is a good sign, IMHO.




Good luck!

 

[Pata]

Thank you for your early reply Ponga!

I just have another question.... If I got AIP, does that gives me the chance to apply for an OWP which will grant me Implied Status?
This way I guess i'll be more safe from being removed...

Do you know how long does it take to get COPR once CIC receives medical exams and police clearances??

Thanks again!

 

[Ponga]

It's probably not worth applying for the OWP, since you might get lucky and get DM before it would arrive. However...if you have the $255, you can apply now (if you really have AIP) and you might see the OWP in about a month...maybe?

AFAIK, since you are out of status, even the OWP would not put you back in status (or even give you implied status). You'll [technically] be out of status until you land as a PR, but an OWP would give you the right to work. I've been told that it's a sort of pseudo status, which is confusing to say the least.

The AIP is what is most important, since that proves to CBSA that you are now qualified to apply for PR (even though you already have). They now know that you have an eligible sponsor and that your relationship with your sponsor has been approved (which is what AIP really is).

There's really no telling how long after medical and PCCs have been received before you would get a DM.

 

[Pata]

Thanks again!

I checked the Inland Sponsorship manual that CIC provides which was updated on May 2015 and it says that the Administrative deferral can still be granted.

I guess is just a matter of time for me... hopefully I won't have any further issues.

Thank you for your answers... Throughout my process i've been reading this forum and your contributions are always helpful.

THANK YOU!

 

[Ponga]

Yes, but the Inland Sponsorship Guide now shows that legal status is required. Prior to September 2014, that language was not in the guide.

No idea what, if anything, that really means for a person without status that has not yet applied.


You're welcome!