Visitors Visa / Sponsorship question

[Canadagirl85]

Hello

I am hoping someone can answer this question for me. My wife's work visa expired dec 31 we submitted her visitors visa dec 21 it was received in alberta dec 22. I was told to submit a visitors visa a long with our sponsorship for PR application. We have not submitted the PR application yet we are waiting on a few more letters from friends/my family and im waiting to get paid friday to pay the fee ( money was tight around christmas). We plan to submit this application by the end of this month. I was wondering now that her status has expired we can not submit this application until we hear aback about her visitors visa?On the document checklist it says we need to have "indication of status in Canada" Or can we still submit it and they will see that we already submitted the visitors visa. We want to send this as soon as possible but we also dont want any issues... anyone know about this... I really would like to send this whole application friday...

thanks for all your help

 

[RobsLuv]

Are you submitting an inland or an outland PR application? Did you include proof of her eligibility to apply for PR with the extension application.

I can tell you, for sure, that because her extension application was received by CPC-V prior to the expiration of her status, she has "implied status" to remain in Canada until they make a decision on it. In the meantime, how you proceed from here depends on what type of PR application you're submitting.

 

[Canadagirl85]

we are doing inland. I sent a letter stating that im sponsoring her and that i will be fully supporting a long with a letter from my company stating my position and my salary. We also sent in a copy of marriage certificate. So if she has implied status can we send in our application this friday. Will it be an issue if the stamp on her pastport is expired ( dec 31 2010). Should we maybe send proof that we submitted her visitors visa before the 31th?

 

[RobsLuv]

Yes, you should submit proof that you already sent the extension request to CPC-V and that it was received prior to expiration of her status. I would also suggest that you submit another extension application with the inland PR ap asking to change her conditions to an open work permit - that way, as soon as she receives first stage approval, they'll issue a new work permit.

It's too bad that you didn't post this question a few weeks ago. You might have found out soon enough that you could include an extension application WITH the inland PR application asking to extend her work visa based on the spousal PR application - and that might have been reason enough to push your submission of the whole thing forward so that it would all be received by CPC-V before her status expired. Had the PR ap and the work permit extension application been received before her work permit expired, she'd have had "implied status" to continue working under her original work permit (unless it was a working holiday visa) until a decision was made on the first stage of assessment of her PR application. Unfortunately, without the PR ap going forward at the same time, she was only authorized to apply to extend as a visitor - and now that the work visa has expired, she has no option to renew it. She will have to wait until first stage approval of the inland ap (8-9 months) for them to issue instructions on how to apply for an OWP . . . unless you include a "change of conditions" ap requesting an OWP with the inland PR ap now. At least that way they issue the OWP automatically when she reaches AIP - instead of you having to submit an application for one after the fact. It speeds things up a bit.

 

[Canadagirl85]

Hey

Rob ya I was on another message board that is not as active as this one I did post this question there and got no responses... so her work visa was a work and travel visa from Germany I read in her documents she can not extend it. So that I understand your post. When we ship our application we should also ship a OWP application as well. Basically what this will do is will allow her to obtain a work visa 8-9 months from now once we get to the first stage of approval. In the mean time she has implied status until they approve our visitor’s visa application. So there should not be any issues if we send both of our applications this Friday ( Sponsorship/OWP) even though she is out of status?... Basically because we have proof that we sent in the request for change of status before dec 31 , is that correct?

Thank you so much again for your help and responding so quick I really love this message board!