Waiting on Sponsor App - Visitor Status Extension Needed?

[RobsLuv]

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.

You were told wrong . . . when a foreign national wants to be in Canada, they have to maintain their temporary status. A visa-exempt foreign national is authorized to remain in Canada for up to six months after entry - then they must either leave or apply to extend their status. If that person decides to apply inland for PR, they need to include an extension application WITH the inland PR ap in order to protect their temporary status. If they don't, they fall out of status (meaning they become illegal) and then their inland PR ap cannot benefit from normal processing at CPC-V. CPC-V will send the application to the local office for special handling and it becomes subject to that office's processing timeline. This is how some inland applicants end up with their PR approval (and even Approval in Principle) taking years.

The inland PR manual, in Part II, Your Status in Canada, makes this very clear:

You must have legal temporary resident status in Canada to remain in the country legally without the possibility of being removed. Having legal temporary resident status means you have a document issued by Citizenship and Immigration, which allows you to remain in Canada for the period of time specified on your visitor document (work permit, study permit) or on your temporary resident permit. It is your responsibility to ensure that your temporary resident status remains valid until you receive permanent resident status. When you leave Canada, you relinquish your temporary resident status and may not be able to return to Canada. 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.

This is the part, though, that's always misinterpreted:

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.

In order to understand this "Note", you have to put the emphasis where I've bolded . . . in other words, out-of-status spouses and common-law partners may apply (and be approved) for PR, but failing to have or maintain valid temporary status in Canada means that they can be subject to removal.

Now, there are other reasons that an inland application will be transferred to a local office for processing - for example, if an interview is required because there are doubts about the genuine relationship, or when there are complications with the application due to an accompanying (or non-accompanying) dependent who is still overseas. But, for sure, we see this time and time again . . . if an inland applicant does not have valid temporary status when they apply - or they fail to include an extension application (whether that be just to extend visitor status, extending a valid work or study permit, or an application to change conditions from visitor to an OWP upon first stage approval) - their application WILL go to a local office for processing and there's no way to get it back to CPC-V after that happens. This has cost so many people so much time and money and frustration - it's imperative that we get the correct information out there so people understand what they're doing when they apply inland. Please DO NOT perpetuate the misunderstanding that simply applying for PR as an inland applicant overcomes all requirements for valid temporary status. It's just not true and it's so simple to do right when people just understand what's required of them.

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.

You're combining a few separate things all together here and coming up with the wrong conclusion. Yes, you have to stay in Canada during inland processing - but not just the initial stages. The inland process requires that the applicant be resident in Canada with their sponsor. If they leave and are not allowed to re-enter, the inland ap is forfeited. Even having attained first stage approval and being issued an OWP does not guarantee re-entry. The OWP will say right on it that it's not a re-entry permit. An inland applicant with an OWP can still be refused re-entry to Canada if they leave - and if they can't get back into Canada, the inland ap is forfeited.

You're correct - it is possible to apply for an Open Work Permit after you are assessed eligible for first stage approval. You're also correct that it's not mandatory to apply for an open work permit just because you apply inland for PR - BUT you are incorrect in saying that that means an inland applicant does not have to apply to extend their temporary status just because they're submitting an inland PR ap. The inland applicant can choose to protect their valid temporary status by applying to extend the terms of their original status (i.e. visitor status, a study permit or a work permit) and that enables them to continue in Canada under the terms of that status. So someone who is in Canada as a visitor gets to continue to visit, someone with a study permit can continue to study, and someone with a work permit can continue to work - for the original employer in the original position only. When AIP is issued, the person who applied to extend as a visitor gets a new visitor document. The person who applied to extend as a student gets a new study document and the person who applied to extend their work permit gets an open work permit - HOWEVER, that does not mean that ONLY someone in status originally with a work permit is eligible to ask for a work permit when they submit the inland PR ap and includes an extension ap. First stage approval makes an inland applicant eligible to work or study - so they can opt for a "change of conditions" from their original temporary status to an open work permit (or a study permit) once they get AIP. When AIP is assessed, CPC-V will automatically issue the OWP as the new status document. The applicant does not have to wait until they receive AIP to apply for their OWP.

 

[K1203]

Thank you so much for this, it is very useful and informative.

My file remains in Vegreville, and has done throughout so I would assume the lawyer must have filed an application for an extension when I first applied for PR as my visitor status would have expired in March 2008 and I didn't receive my OWP until January 2009.

The wording in the note about the new public policy that came into effect in 2005 seems to be a complete contradiction in terms. It is no wondering there is so much confusion.

Thanks again I appreciate the information and explanation - apologies for my misunderstanding.

Karen

 

[RobsLuv]

Thank you so much for this, it is very useful and informative.

My file remains in Vegreville, and has done throughout so I would assume the lawyer must have filed an application for an extension when I first applied for PR as my visitor status would have expired in March 2008 and I didn't receive my OWP until January 2009.

The wording in the note about the new public policy that came into effect in 2005 seems to be a complete contradiction in terms. It is no wondering there is so much confusion.

Thanks again I appreciate the information and explanation - apologies for my misunderstanding.

Karen

No reason to apologize! This forum is here to get correct information out there - so no question is ever bad, and no response should ever be intended to do anything other than try to help by giving out accurate info.

It's very possible that your lawyer did actually include an extension ap with your PR ap - a good one would have. Since your file remains in Vegreville, and you got AIP within what was the normal timeline back then, it appears that's exactly what he did. You probably signed the request along with all the other paperwork without even realizing it. Congrats.

The Feb 2005 policy does seem a complete contradiction in terms - my take on it is that it's set up that way on purpose. It "works" for CIC because it allows people who are in Canada illegally to apply for PR - thereby notifying CIC of their whereabouts so they can be monitored - while still giving those people the ability to make themselves legal and get on with their lives. What I object to is that people who are in Canada - whether legally or not - can always apply for PR outland if they have an eligible sponsor . . . but CIC doesn't tell them that . . . probably because it doesn't give them the same level of control. There are even lawyers/consultants out there who seem not to understand the intricacies of the Feb 2005 legislation. The outland process is much faster, the appeal rights are preserved, it's possible to remain in Canada legally by applying to extend temporary status separately from the PR ap, and leaving Canada during processing doesn't adversely affect their application.

Obviously, for some people going "home" is not safe, or they can't afford it, etc., and for them the inland process is a God-send - regardless of how long it might take. If their loved ones and support system is already in Canada, having to leave might be an unspeakable hardship. But CIC should make the options clear. Instead, they imply that inland is the only option for someone who wants to remain in Canada while waiting for PR, and that just isn't so.

 

[Amiel]

@ Love_Young & Robsluv

Thank you so much for all the information. I’ve learned to take all call centre agents with a grain of salt these days (due to past experience) and I feel much better about everything after reading your advice.

As mentioned before, we did submit the inland sponsorship application with a work permit app & cover letter requesting an OWP. It sounds like we’re on the right track then and do not plan on travelling outside of the country until it’s advised we can do so. We would have originally filled for the sponsorship out of the country to speed up the process, however due to family and finances the best route was an inland sponsorship.

Thanks again everyone

- Jessica

 

[IrishApplicant]

You were told wrong . . . when a foreign national wants to be in Canada, they have to maintain their temporary status. A visa-exempt foreign national is authorized to remain in Canada for up to six months after entry - then they must either leave or apply to extend their status. If that person decides to apply inland for PR, they need to include an extension application WITH the inland PR ap in order to protect their temporary status. If they don't, they fall out of status (meaning they become illegal) and then their inland PR ap cannot benefit from normal processing at CPC-V. CPC-V will send the application to the local office for special handling and it becomes subject to that office's processing timeline. This is how some inland applicants end up with their PR approval (and even Approval in Principle) taking years.

The inland PR manual, in Part II, Your Status in Canada, makes this very clear:

This is the part, though, that's always misinterpreted: In order to understand this "Note", you have to put the emphasis where I've bolded . . . in other words, out-of-status spouses and common-law partners may apply (and be approved) for PR, but failing to have or maintain valid temporary status in Canada means that they can be subject to removal.

Now, there are other reasons that an inland application will be transferred to a local office for processing - for example, if an interview is required because there are doubts about the genuine relationship, or when there are complications with the application due to an accompanying (or non-accompanying) dependent who is still overseas. But, for sure, we see this time and time again . . . if an inland applicant does not have valid temporary status when they apply - or they fail to include an extension application (whether that be just to extend visitor status, extending a valid work or study permit, or an application to change conditions from visitor to an OWP upon first stage approval) - their application WILL go to a local office for processing and there's no way to get it back to CPC-V after that happens. This has cost so many people so much time and money and frustration - it's imperative that we get the correct information out there so people understand what they're doing when they apply inland. Please DO NOT perpetuate the misunderstanding that simply applying for PR as an inland applicant overcomes all requirements for valid temporary status. It's just not true and it's so simple to do right when people just understand what's required of them.
You're combining a few separate things all together here and coming up with the wrong conclusion. Yes, you have to stay in Canada during inland processing - but not just the initial stages. The inland process requires that the applicant be resident in Canada with their sponsor. If they leave and are not allowed to re-enter, the inland ap is forfeited. Even having attained first stage approval and being issued an OWP does not guarantee re-entry. The OWP will say right on it that it's not a re-entry permit. An inland applicant with an OWP can still be refused re-entry to Canada if they leave - and if they can't get back into Canada, the inland ap is forfeited.

You're correct - it is possible to apply for an Open Work Permit after you are assessed eligible for first stage approval. You're also correct that it's not mandatory to apply for an open work permit just because you apply inland for PR - BUT you are incorrect in saying that that means an inland applicant does not have to apply to extend their temporary status just because they're submitting an inland PR ap. The inland applicant can choose to protect their valid temporary status by applying to extend the terms of their original status (i.e. visitor status, a study permit or a work permit) and that enables them to continue in Canada under the terms of that status. So someone who is in Canada as a visitor gets to continue to visit, someone with a study permit can continue to study, and someone with a work permit can continue to work - for the original employer in the original position only. When AIP is issued, the person who applied to extend as a visitor gets a new visitor document. The person who applied to extend as a student gets a new study document and the person who applied to extend their work permit gets an open work permit - HOWEVER, that does not mean that ONLY someone in status originally with a work permit is eligible to ask for a work permit when they submit the inland PR ap and includes an extension ap. First stage approval makes an inland applicant eligible to work or study - so they can opt for a "change of conditions" from their original temporary status to an open work permit (or a study permit) once they get AIP. When AIP is assessed, CPC-V will automatically issue the OWP as the new status document. The applicant does not have to wait until they receive AIP to apply for their OWP.

Fantastic post.

Probably the clearest and most informative dissection Ive read of that utterly confusing section.

IA

 

[Jackie Mac]

Great information, thanks

Now a further complication.

My spousal PR application and work permit application went in on 13 May 2010, received at Vegreville 19 May 2010.

I have a visitor's visa stamp in my UK passport for 23 February - so valid until 23 August.

The call centre say I can't expect to hear anything until Jan 2011 which is within other timescales quoted on this thread. However on another thread (2010 Inland applications) they are saying that applications received up to 21st May 2010 are being opened.

I had to go back to England this summer and was fortunate that I was stamped back into Canada on 14 August 2010.

Does this mean I am legal for another 6 months without extending my visitor's status?

I don't want to risk my application being delayed for any reason, but technically I am legally here?

Thanks

 

[boasorte]

He will be fine. As long as he doesn't leave the country, and hasn't been asked to leave the country before(removal order...). Having legal STATUS isn't a requirement for INLAND applicants, it's clear in the guides and CIC website. I have seen tons of people that overstayed their visas and today are PR and even Canadians.