Waiting on Sponsor App - Visitor Status Extension Needed?

[Amiel]

Hello Everyone,

My husband and I are currently waiting for the first stage of our sponsorship application to be processed. My husband is living with me in Canada and his extended visitor visa had expired last month. Before sending in our application I talked with various people on the CIC help line who advised me that upon receiving the application we would not require extending his visitors visa. Is this true or should we have sent in a request to extend his visitors status again? If so, will we have any problems having it activated again after a month of it being expired?

With the sponsorship application I also included a work visa application and cover letter to request an open work permit. I was told that we could request both at the same time. Using the processing times on the CIC website I assumed that the open work visa would be processed in roughly the same time as regular work visa would....while browsing the forums here though, I came across a comment that made note of it being processed the same time as stage 1 of the sponsorship application (7-8 months). Can anyone confirm/deny this?

I'm mostly afraid of my husband having to continue being out of work for another 4 months or so and making sure we take all the necessary steps needed (having a valid status within Canada). We would like to have the freedom of traveling outside of the country or visiting his family without having to wait a year + on paperwork if this is possible.

All paperwork was sent out on May 25th, I haven't heard anything back in regards to if it was received (other than courier confirmation) and am unable to check the status online. A bit scary!

Thank you for your help!

 

[K1203]

What type of application have you made? If you have made an inland spousal application, once CIC have acknowledged receipt you no longer need visitor extensions whilst you are awaiting processing.

Unfortunately in terms of the open work permit it is a waiting game for first stage approval which is normally about 6-8 months.

If you have made the application inland it is not advisable to leave Canada, whilst it does not tell you anywhere you cannot travel it is a risk if for any reason your husband is denied entry on return to the border the application is null and void.

I have read many differing views on this subject, I am from the UK at first stage approval and have had to return due to family illness and am over here at the moment. I am hopeful as I am from a visa exempt country that everything will be ok but it isn't guaranteed. What nationality is your husband?

 

[iarblue]

Can i ask where it says you do not need to stay in status while you are doing an inland process?

 

[Amiel]

What type of application have you made? If you have made an inland spousal application, once CIC have acknowledged receipt you no longer need visitor extensions whilst you are awaiting processing.

Unfortunately in terms of the open work permit it is a waiting game for first stage approval which is normally about 6-8 months.

If you have made the application inland it is not advisable to leave Canada, whilst it does not tell you anywhere you cannot travel it is a risk if for any reason your husband is denied entry on return to the border the application is null and void.

I have read many differing views on this subject, I am from the UK at first stage approval and have had to return due to family illness and am over here at the moment. I am hopeful as I am from a visa exempt country that everything will be ok but it isn't guaranteed. What nationality is your husband?

Thanks for the reply! We've made an inland spousal application which was mailed out at the end of May this year. I'm just not certain if it's been acknowledged yet by CIC as we have yet to hear anything back regarding it and that's why I hope his extended visitor visa being expired won't be a problem for us in the future. We do not plan on leaving Canada though until we're certain that he will not be denied entry back into Canada.

As for nationality - my husband is American.

Can i ask where it says you do not need to stay in status while you are doing an inland process?

I had been advised when calling into the CIC that this was the case as well, I feel a little more comfortable hearing it from more than one person or seeing it written down as well. I wouldn't want something like that putting a wrench into the sponsorship!

 

[suenim]

I'm not sure why the CIC call centre reps would have told you that. Your husband needs to file a visitor extension even if he's filing inland. You need to be in status at all times. If its been less than 90 days he can apply for a restoration of status and then his extension. While the CIC says spouses do not need to be in status while doing an inland application, it is advisable to try to stay in status as they can be asked to leave at anytime if they are found out. As for travelling, he can be denied re-entry at anytime during the application if he leaves while the inland application is being processed. The open work permit will not come before first stage of approval so he has to wait the 6-8 mths according to the current processing times.

 

[K1203]

Can i ask where it says you do not need to stay in status while you are doing an inland process?

I have made an inland application February 2008. I used a lawyer for the process. The lawyer informed me that once you have an application and it has been acknowledged by CIC you have implied status whilst awaiting processing. My visitor stamp was in my passport from August 2007, I did not have apply for an extension because the application was in and begun processing 6 weeks after it had been sent. CIC will confirm this. You cannot travel however during this time.

 

[Love_Young]

I am surprised that no one has validated the fact the OP stated that they sent in a request for an OWP with the PR application.

As long as you sent in a request for an OWP with the PR application in the SAME envelope and it was RECEIVED by Vegreville BEFORE his status was set to expire then he is on implied status until you receive word about first stage approval. If he is approved for first stage approval after 7-8 months, he will then be mailed an open work permit (usually valid for a year) and this will be his new temporary status document until they notify him of when he can officially land as a PR.

From what I have read, he has nothing to worry about and did nothing wrong. He should be on implied status right now. Also, take what the CIC agents say with a grain of salt. Many do not know what they are saying and will give bad information, I for one have fallen victim to their bad advice. Their information about not submitting an extension is very wrong. If you read the guide before completing the application you would have noticed this part:

"You have two options available to ensure that your legal temporary status in Canada remains valid until permanent residence is confirmed:

1. You can apply for both an extension of your temporary resident status and permanent resident status at the same time. If you choose this option, complete both an application to extend your status and an application for permanent residence. Be sure to include both applications and all the supporting documents and fees that are required in the same envelope.

Note: The acceptance of your application for temporary resident status does not guarantee the acceptance of your application for permanent residence.

2. You can apply to extend your temporary resident status separately from the application for permanent residence, but you must do so before your temporary status expires. You have legal status for the period of time indicated on your visitor document (work permit, study permit, visitor record) or temporary resident permit.

Note: On February 18, 2005, the Minister announced a new public policy under which legal immigration status is no longer a requirement for spouses and common-law partners of Canadian citizens and permanent residents in Canada who wish to apply permanent resident status provided that they have an eligible sponsor. However, all other eligibility requirements continue to apply.

Although out-of-status spouses and common-law partners may now apply for permanent residence in the Spouse or Common-law Partner Class, persons without legal immigration status in Canada are unable to work or study and may be subject to removal proceedings at any time for failing to have or maintain legal immigration status in Canada."

You will not receive an acknowledgment letter about Vegreville receiving your application. Though after about 2 and a half months you should be able to log into Ecas on the CIC website using your husbands client id # from his visitor record or the receipt number from your payment for PR fees and be able to tell if they have began processing it. They do not start opening up applications until 2 and a half months after the applications are received. This is when they start processing and update Ecas to let you know they have began processing it. You should not hear anything back from Vegreville until 7-8 months later when you should receive first stage approval. The only other time you will hear from them is if they request additional documents, have to send your application back, or you are missing a document. Otherwise the only thing you should receive is your open work permit.

I hope that you find comfort in this message and that it has helped at least a little bit. If you are still confused or concerned, I would advise talking to senior members such as: PMM, RobsLuv, and Leon, as they can most likely give you information that you are looking for. Good luck with everything.

 

[Love_Young]

I have made an inland application February 2008. I used a lawyer for the process. The lawyer informed me that once you have an application and it has been acknowledged by CIC you have implied status whilst awaiting processing. My visitor stamp was in my passport from August 2007, I did not have apply for an extension because the application was in and begun processing 6 weeks after it had been sent. CIC will confirm this. You cannot travel however during this time.

Just saying but this could be why you have waited so long for your PR status. Your lawyer informed you wrong and you should have either submitted an extension separately, applied for an extension WITH the PR application, or applied for an open work permit WITH the PR application. Submitting an application inland DOES NOT give you implied status. The only thing that gives you implied status during the wait is if you submit an open work permit WITH the PR application and it is received by Vegreville before your status expires. If you don't do one of those three to keep you in status during the wait, you fall out of status and are due for long processing times.

I just want to make it clear. Submitting an Inland application by itself without an OWP included DOES NOT give you implied status during processing.

 

[suenim]

I still think that her husband needs to extend his visitor's permit/record since he does not already have an OWP. If he already had an OWP and he applied for one with the inland application then he would have implied status on the his current/expired OWP. Since he does not have an OWP and is on a visitor's record then he needs to extend the visitor's record and he will have implied status on the visitor's record until they make a decision on it.

 

[Love_Young]

I still think that her husband needs to extend his visitor's permit/record since he does not already have an OWP. If he already had an OWP and he applied for one with the inland application then he would have implied status on the his current/expired OWP. Since he does not have an OWP and is on a visitor's record then he needs to extend the visitor's record and he will have implied status on the visitor's record until they make a decision on it.

You are incorrect.
Has anyone studied what they were getting themselves into before applying inland?
There is no where stated in any manual or otherwise saying that you had to have had an OWP before applying for one inland. The chances of having an OWP before applying inland is very unlikely for anyone. The only work permit most people have is a regular 'restricted' work permit. Also when you apply for an OWP you apply to 'change conditions' so your implied status still applies.

Not to be rude but I advice some people to do their homework before giving bad advice. If he applied for the OWP while on any temporary status document and it is submitted with the PR app and was received before his status was set to expire, he would be given implied status. This has been done for many years with anything yet to say otherwise of needing a work permit in order to apply for an OWP. It says in the manual that if the OWP is received by Vegreville with the PR application, it is treated as an extension of your stay and will remain implied until it is verified that you met first stage approval.

To advice someone to apply for another extension (well technically in his case "restoration of status") would just be a waste of money and time, not to mention since he is already on implied status it could just confuse the Immigration Officer. Since he should already be on implied status, then Vegreville could receive the new restoration of status application and may not know they have a PR app on file. They could potentially refuse to restore his status and ultimately tell him to leave Canada which would only complicate the situation worse.

If you are still unsure of my advice, you should contact our senior members. Most would be able to back up the same information I have just given in here.

 

[K1203]

Where did you get your information? If you have an inland application in process you HAVE to stay in Canada during initial processing.
I have an OWP you cannot get an OWP until first stage approval. I believe you can apply at the same time as making your application however it is not compulsary. I applied for mine once I received AIP and got it within 6 weeks. None of that is relevant to the length of time my application has taken. The delay is because I have a daughter who is a non accompanying dependant who is 21 and remains in the UK according to CIC the London High Commission are causing the delay in processing her paperwork - nothing to do with the process in Canada - you do not have to apply for an OWP to make an inland application it is optional if you want to work whilst awaiting PR.

Just saying but this could be why you have waited so long for your PR status. Your lawyer informed you wrong and you should have either submitted an extension separately, applied for an extension WITH the PR application, or applied for an open work permit WITH the PR application. Submitting an application inland DOES NOT give you implied status. The only thing that gives you implied status during the wait is if you submit an open work permit WITH the PR application and it is received by Vegreville before your status expires. If you don't do one of those three to keep you in status during the wait, you fall out of status and are due for long processing times.

I just want to make it clear. Submitting an Inland application by itself without an OWP included DOES NOT give you implied status during processing.

 

[Love_Young]

I was just making it clear to others the just the PR application itself when you apply inland, does not give you implied status. Yes you can wait until later to apply for an OWP but you still need valid temporary status. If you didn't submit an OWP with your initial submission of your PR application then you needed to either include a regular extension of your stay application with the PR application or applied for the extension separately. Either way, it is advised to have legal status until first stage approval where you will then be given a new temporary document.

I was not aware you had an OWP and I apologize. I just didn't want to make it seem to the OP that ALL inland applications take that long. I am sorry for the inconvenience you are going through and I hope that you can land soon.

Where did you get your information? If you have an inland application in process you HAVE to stay in Canada during initial processing.
I have an OWP you cannot get an OWP until first stage approval. I believe you can apply at the same time as making your application however it is not compulsary. I applied for mine once I received AIP and got it within 6 weeks. None of that is relevant to the length of time my application has taken. The delay is because I have a daughter who is a non accompanying dependant who is 21 and remains in the UK according to CIC the London High Commission are causing the delay in processing her paperwork - nothing to do with the process in Canada - you do not have to apply for an OWP to make an inland application it is optional if you want to work whilst awaiting PR.

 

[K1203]

No worries and thanks for the good wishes.

I am from a visa exempt country, I was told that I did not need to apply for a visitor extension provided my application was in process before the stamp on my passport expired - i.e. 6 months. At no stage was I told I needed to apply for an extension once my application was in process, however, as you say the OWP gives implied status, but I was informed that also an inland application gave implied status also because you cannot leave during inland processing before AIP and once processing you can leave at your own risk but it is not advisable according to CIC.

I am aware that not all inland applications take as long as mine, but I would always advise people to be cautious and expect the unexpected, I have known of 2 people from the UK (which should be one of the more straight forward) wait 5 years for their PR. Every forum on the topic I have read in the last 3 years, people have emphasised that it is advisable due to much faster processing, and the avoidance unnecessary expense on repeat medicals, extensions to work permits, police checks etc. etc. to apply outland, especially from a visa-exempt countries, such as the USA and the UK.

 

[Love_Young]

You're welcome.

But no, you do still need a valid document during your wait even after submitting an inland application.
If you read what I posted above from the Immigrant's Guide on the CIC site, it states what you have to do to keep your status valid during the wait for first stage approval.

And I am from the US but so far do not regret my choice, I will become a PR one day and that is all that matters.
Plus my husband has a disease that is fatal so I would much rather be broke and everything than be away from him when he is sick.
If that hadn't of been the case then I would have applied Outland. I just can't take the risk of my husband dying or getting real sick and not be by his side. I could have done that with Outland but there is never a guarantee of keeping getting extensions approved or being able to cross again. At least this way I know I can stay by my hubby's side through it all.

 

[RobsLuv]

Hello Everyone,

With the sponsorship application I also included a work visa application and cover letter to request an open work permit. I was told that we could request both at the same time. Using the processing times on the CIC website I assumed that the open work visa would be processed in roughly the same time as regular work visa would....while browsing the forums here though, I came across a comment that made note of it being processed the same time as stage 1 of the sponsorship application (7-8 months). Can anyone confirm/deny this?

I'm mostly afraid of my husband having to continue being out of work for another 4 months or so and making sure we take all the necessary steps needed (having a valid status within Canada). We would like to have the freedom of traveling outside of the country or visiting his family without having to wait a year + on paperwork if this is possible.

All paperwork was sent out on May 25th, I haven't heard anything back in regards to if it was received (other than courier confirmation) and am unable to check the status online. A bit scary!

As long as the inland PR application and the extension application were received by CPC-V BEFORE his status expired, he is under "implied status" to continue in Canada under the terms of his original status. This is covered in Section 183(5,6) of the Regulations:

183(5)If a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until
(a) the day on which a decision is made, if the application is refused; or
(b) the end of the new period authorized for their stay, if the application is allowed.
Continuation of status and conditions
(6) If the period authorized for the stay of a temporary resident is extended by operation of paragraph (5)(a) or extended under
paragraph (5)(b), the temporary resident retains their status, subject to any other conditions imposed, during the extended
period.

He will not be eligible to work until after his inland PR application is assessed for first stage approval. It is currently taking 7-8 months for CPC-V to open applications to assess them for first stage approval. During this time your husband can remain in Canada under the terms of his original visitor status. He is advised not to leave Canada, though, because that ends his "implied status" and, if he can't get back into Canada after his trip away, his inland PR application is also forfeited. If you wanted to be able to travel during processing of PR, you would have had to apply to sponsor him for PR via the outland process. There still would be no guaranteed re-entry to Canada after a trip away, but being refused re-entry does not affect the processing of an outland PR ap, as there is no residency requirement associated with them.

Inland processing, overall, takes from 12-18 months, so he shouldn't leave Canada during that time. After 7-8 months, if all is in order, he should receive his OWP - which will be his new temporary status document and which will allow him to work. However, residence in Canada, with the sponsor, is a requirement of the inland process and there is never any guarantee that a foreign national who leaves Canada (even with an OWP and a PR ap in process) will be readmitted when they try to come back. If he's not re-admitted, he can't meet the residency requirement AND he can't attend his landing interview to get his PR . . . which happens in Canada. You'd have to start all over again by withdrawing the inland ap and re-applying outland and he'd probably, at that point, have to stay outside Canada until it was finalized.

If your application was received at CPC-V on May 25, it won't be opened for assessment until sometime around the end of the year - and you'll not be able to check the status until then either. You did say, though, that you have confirmation of receipt of the application being received at CPC-V. That's his proof (as long as the received date was before the expiration of his visitor status) that he can continue to stay in Canada under "implied status".