Visitor status refused while waiting on OWP/PR

[tintgirl]

I have a lengthy issue that has reached another melting point today and would like help or input from anyone who might possibly know what to do here.

I came to Canada to be with my (then boyfriend) in February 2013, we submitted a conjugal sponsorship application with an open work permit (In Canada) in August 2013 before my status was to expire, and did all of this on the advice of the CIC call center reps. I finally heard back in January 2015 that it was refused because they don't allow conjugal sponsorships while in Canada. I had come back from a visit to the U.S.A. in August of 2014, so my status was to expire in the first week of February. It was not possible to get a new background check back that fast so I applied (as advised again by the CIC call center) for an extension of my visitor status so that I could get all the documents and resubmit my sponsorship, this time as a Common Law Partner because we had been living together by that time, for two years sharing a home, bank account, everything. It took me until April 25th to get the application and all the documents together (including the declaration of common law partnership), and they signed for it, receiving it on April 28th.

Today I receive an email from the CIC saying that my application for a visitor permit is refused. They listed 5 reasons:

1) Reason for original entry and reason for requested extension
2) Ties to country of permanent residence, including: employment, study, family ties, status...
3) Financial means for the extended stay and return home
4) Travel and identity documents
5) Probability to leave Canada at the end of authorized stay.

It goes on to say that I no longer have a legal status in Canada, and should leave immediately.

I submitted it saying that it was to keep my status legal so that I could finish gathering information to submit my Sponsorship application, so I don't understand the refusal of the visitor permit. I submitted my Sponsorship and OWP a month ago. I called the CIC 3 times today and got three different answers on what to do now. The first lady told me I needed to leave immediately that I have no status in Canada and cannot stay. The second lady told me that I was alright to stay even after being refused the visitor permit because the OWP gave me implied status, and I should wait to see the result of that. The final lady I spoke to was in between the first two saying that she thought it best I leave the country because I no longer had a status, and that I could stay to see what my OWP result would be, but because I currently have no status due to being refused, the implied status from that is cancelled and I would likely be denied. But she wasn't 100% because this was an unusual circumstance.

So...what do I do? My common law partner is disabled, he has improved so much since I came to stay with him and I'm afraid if I'm forced out he will go back downhill and stop making all the progress he has made, losing his job, his health will slip... I don't want him to go backwards. We just want to stay together.


Does anyone have any advice for me at all? I'm so confused and I don't know what to do.


Thank you for reading, I know it was a lenghty post....

 

[susana]

Hello,

You don't need to leave Canada but unfortunatelly, you submited your sponsorhip applicantion and the OWP after your status as a visitor ended and you won't benefit for the open work permit pilot program.

You do not have implied status as your visitor status ended in February and you submitted an owp application after your status expired.

The biggest problem you have, is that you cannot take a chance and leave Canada because your application is Inland, if you leave and not allowed to re-enter, your application will be lost.

Regards ,

 

[tintgirl]

That is better than I have heard all day but still disheartening... I was hoping to get a job and help support us, but at least I can stay?

I submitted the extension in February, as per the CIC rep's advice, then filed my PR and OWP when I was able to get my background check, was the rep incorrect and this didn't help my status?

They won't refuse my children from coming to visit me this summer will they? I know that is an odd question probably, they are young 8-16, their father is bringing them up for the summer so I won't be crossing any borders. Usually I visit them and with my status in limbo we decided they should come up here for this summer's visit. Is that in jeopardy as well?

 

[susana]

You are. Not elegible for an open work permit and yes you can stay here with him until a decision is made. Do not cross the border.
The representative was not incorrect as he did not know you will be refused.
You could submit the application for PR without the police clearance and send after, unfortunately you were not told about it.

 

[tintgirl]

I really wish I'd have known that. I asked if I could use the one I had from the previous application and he said no. When I said that it'd take up to 16 weeks to get a new one, he said I needed to file that extension.

I could have had my work permit and PR submitted in January...

Thank you for your information. I guess I'll continue to sit and wait like I have for the past two and a half years, this time around not leaving.

If anyone has any other input or suggestions, please feel free. Feeling rather deflated at the moment, and am now worried my PR might be rejected because I don't have a 'legal status' at the moment.

Thanks again.

 

[canadianwoman]

Very sorry to hear of this situation.
However, your children should be allowed to visit. If their father is bringing them here for the summer, they have proof of ties to the USA: their school registration, their home address, the father's home and job, etc. He should bring this kind of proof with him to show they will be just visiting. Probably the border agents will not ask for it, but it is best to be prepared.

People can get PR even if they are in Canada without status.

 

[tintgirl]

Well, that's a relief. That would be a nightmare to have them turned away in a week after flying in to visit me.

Is there nothing else I can do to restore my status? Or to ensure I will get my OWP, or was I never going to get it because of the advice of the CIC rep? I wanted to do this as best I could following the governments advice and steps but...they just don't seem to be helping me at all with this, quite the opposite actually.

These past two and a half years, while so nice to be with my partner, have been a roller coaster, and I still can't see an end to it.

 

[Amalthea]

I'm sure CIC also never told you that you can apply *Outland* from inside Canada... Outland applications for US citizens are taking 6-8 months right now, from start to finish.

So sorry for what you're going through. CIC's call centre also told my friend she and her bf in Canada could apply Conjugal, she withdrew her application last month and they are now getting married and re-applying Outland Spousal.

You've been through so much, I'm so sorry! The misinformation is rampant. This forum is truly full of the most knowledgeable, helpful folks. They will not lead you astray. The advice here is better than any advice from a lawyer, imo.

Stay strong!

 

[Rob_TO]

This is a very unique situation. To summarize:
- Have valid visitor status until first week of Feb 2015
- applied for visitor extension sometime before that status expired. So you were on valid implied status after Feb 2015.
- applied for PR/OWP inland April 25th, while on valid implied status.
- received rejection of visitor status extension in May

Logically since you were on valid (implied) status at time of the PR/OWP app, I would assume this would give you implied status for duration of PR/OWP processing. The big question here is what takes precedence... the visitor status extension request, or the PR/OWP application? My thinking is once you applied for PR/OWP with valid status, your previous visitor status extension request became null and void meaning that rejection shouldn't impact your current implied status via the OWP app.

However this is just my guess, not sure how CIC/CBSA will see it.

 

[tintgirl]

Thank you Amalthea, I really appreciate the support.

Rob - That's exactly what happened and what the second lady at the CIC told me in regards to my OWP saying it should be fine, the other two said no. So, it's a waiting game. I'm crossing my fingers. If I get denied for my OWP, I may try outland. I knew it was an option but I was told by CIC I would have to go to an embassy in New York and risk not being able to come back to Canada in order to do that. So I chose not to, as I didn't want to leave.

This really is an odd situation and I'm just so anxious and nervous about everything right now. I really hope things work out and will be alright.

Thank you everyone for your support and comments. I appreciate them a lot. It's helping me feel like I have some hope here.

 

[scylla]

Rob - That's exactly what happened and what the second lady at the CIC told me in regards to my OWP saying it should be fine, the other two said no. So, it's a waiting game. I'm crossing my fingers. If I get denied for my OWP, I may try outland.

If you don't qualify for the OWP under the pilot program - you won't be "denied" the OWP (i.e. you won't actually receive a denial). You just won't be approved for the OWP until you have AIP.

 

[Amalthea]

You do not have to go to the Embassy in NY for Outland.


Thats if you get called to an interview, which is extremely rare for Americans. I just got DM today and I will only be leaving Canada to flagpole at the border and land no trip to new York at all.

 

[Johninsask]

Let me say to the OP that my heart sank when I read the initial post. I think the anxiety of not knowing what's going to happen is the worst.
As it is now no one at CIC's call centre and no one who posts here knows what's going to happen.

My interpretation is that you were in status (implied status--which I'm hoping you submitted proof of) at the time you submitted your OWP application, thus meeting the key criteria for eligibility, which in turn confers additional implied status that would trump any visitor applications. I've heard Ponga mention that some folks have gotten OWPs while "out of status"--if such is happening, I should think that your case would fit into that category. If they turn your down anyway, just wait it out.

In terms of which CIC call agent your spoke to being right... I would go with my gut on that one, whichever one sounded the most competent (answered questions quickly and confidently).

 

[susana]

Please read the following information,

Extensions:
If the extension is granted: the date of issue shown on the document represents the date a decision was made. Observations in the remarks box of the document indicates that the holder maintained their status as per R183(6).

If the extension is refused: the client will be considered in status until the day the decision is made on their application.

If the extension is rejected (incomplete): the client will be considered in status until the TR document expires.

Note: If a second application for extension is submitted after the first application and:

A decision was rendered on the first application:

if accepted, then the "new status" applies.

if refused or rejected, and original permit was still valid when 2nd application was sent, then client maintains their "implied status" until a decision is rendered on the 2nd application.

if refused or rejected, and original permit was expired when 2nd application was sent, then client loses their "implied status" and is considered out of status. (The 2nd application would be missing restoration fees & returned to client for being incomplete.) THIS IS YOUR CASE! AS YOU SUBMITTED AN APPLICATION AFTER YOUR STATUS EXPIRED, YOU DO NOT HAVE IMPLIED STATUS.

I hope you have a better understanding, because you applied for the sponsorship and owp while on implied status and your original permit was expired, your visitor extension was refused you lost you implied status and you dont qualify for the pilot program.