Quick question, looking for a quick answer! Spousal/OWP

[TFS]

Quick question...

My wife (American) and I (Canadian) sent in our spousal/owp application in July. It was returned to us at the beginning of September because I (mistakenly) forgot to put my Option C in the application with my letters of employment/source (She is an Immigration Lawyer in California, we shouldn't be making mistakes lol)

Anyways, obviously, at the time she had status when we sent it in. However, a couple weeks back we went and travelled a bit and when we crossed back into Canada from America the border agent stamped her passport to return by a certain date (it was a 1-week visitor visa. Only assuming he did that because we were with her parents and they told the border agent when they were returning to America, so they stamped my wife's passport with the same date).

Now that the application was sent back to us, she went back to California for a family event. I am ready to resubmit the application. This is where I am a bit confused. Do I wait the 3 more weeks to send it back when she is back in Canada? Or do I send it in now because the application is dated when she had status in Canada at the time?

This is what I found...

Section 5.27

Legal temporary resident status in Canada
Under the current Regulations, applicants in this spouse or common-law partner in Canada class
must have a valid temporary resident status on the date of application and on the date they
receive permanent resident status to be eligible to be members of the class.

Do I wait, or is it ok to send it because she had status the date of the application? We don't have to print out a new application (they are up to date), we just added the employment/source papers they requested.

 

[scylla]

You need to wait until she is physically back in Canada. If the entire application was sent back to you again, you're effectively resubmitting a brand new application.

 

[spousalsponsee]

If you want to apply inland, you will have to wait until she is in Canada again to apply.

You say she's an immigration lawyer in California, so is she licensed in a Canadian province? As if not, she won't be able to work as a lawyer. If she's only planning on working remotely for her existing American job, she wouldn't need a Canadian permit.

 

[TFS]

If you want to apply inland, you will have to wait until she is in Canada again to apply.

You say she's an immigration lawyer in California, so is she licensed in a Canadian province? As if not, she won't be able to work as a lawyer. If she's only planning on working remotely for her existing American job, she wouldn't need a Canadian permit.

No, she is not licensed in Canada as an attorney yet. When she was in Canada during the summer and when we submitted our initial application, she wrote all of her NCA exams (out of Country lawyers write these Canadain Law exams to become licensed in Canada) in Vancouver, BC to start the process of being an articled lawyer in Canada once she had her OWP, as she has a job lined up here once she gets the OWP. But now she will have to wait longer since the application was sent back because of our silly error. I guess I will wait until she comes back to Canada with status in a couple weeks to resubmit the application, even though I think sending it in now they won't even check her status for a couple months when they look at it the application. Just sucks we lost a couple months, but live and learn I suppose!

 

[TFS]

Won't be doing any more travelling once the application is sent, that's for sure. The Canadian border agent knew we had an application in (they saw it in the system) and they still stamped her passport to only be in Canada for a week (when her parents were going home from our trip), even though she had been living in Canada with me (hence the inland application and OWP)....Just too risky to consider.

 

[starnaenae]

No, she is not licensed in Canada as an attorney yet. When she was in Canada during the summer and when we submitted our initial application, she wrote all of her NCA exams (out of Country lawyers write these Canadain Law exams to become licensed in Canada) in Vancouver, BC to start the process of being an articled lawyer in Canada once she had her OWP, as she has a job lined up here once she gets the OWP. But now she will have to wait longer since the application was sent back because of our silly error. I guess I will wait until she comes back to Canada with status in a couple weeks to resubmit the application, even though I think sending it in now they won't even check her status for a couple months when they look at it the application. Just sucks we lost a couple months, but live and learn I suppose!

You have to update the forms with her last date of entry and such and copies of her passport pages with stamps. You will be committing misrepresentstion if you do this. Dont submit without her being here its not worth the risk

 

[canuck_in_uk]

I guess I will wait until she comes back to Canada with status in a couple weeks to resubmit the application, even though I think sending it in now they won't even check her status for a couple months when they look at it the application.

You can't send an inland application when the PA isn't in Canada. They will notice and they will return the app.

 

[TFS]

You have to update the forms with her last date of entry and such and copies of her passport pages with stamps. You will be committing misrepresentstion if you do this. Dont submit without her being here its not worth the risk

Yeah. That's what we are going to do.

Question on the passport stamps though. When we originally sent in the application, the Canadian border guard said "they do not stamp American passports", so we sent a copy of her passport with a letter stating what the border guard said to us. We even went down the next day to the border after she was in Canada to ask and they said they don't....but when we crossed in Canada a couple weeks ago from our trip they gave her a stamp for a week visit? Would immigration be able to see her status from them scanning her passport right? That part confused me when they asked for a copy of her stamp when she arrived, but they stated they don't stamp American passports, and that it is rare?

 

[starnaenae]

Absolutely immigration can see that ger passport was scanned. I wouldnt risk lying to immigration. You guys would face a 5 year ban and probably a hard time next time you try and apply. Just be patient and wait it out and be honest

 

[scylla]

Yeah. That's what we are going to do.

Question on the passport stamps though. When we originally sent in the application, the Canadian border guard said "they do not stamp American passports", so we sent a copy of her passport with a letter stating what the border guard said to us. We even went down the next day to the border after she was in Canada to ask and they said they don't....but when we crossed in Canada a couple weeks ago from our trip they gave her a stamp for a week visit? Would immigration be able to see her status from them scanning her passport right? That part confused me when they asked for a copy of her stamp when she arrived, but they stated they don't stamp American passports, and that it is rare?

My husband is American (now also Canadian) and his passport was almost never stamped when entering Canada. He was once stopped and sent to secondary inspection when entering Canada. They had every single trip in their computers - those with stamps and those without - both trips to the US and those overseas. Assume they have everything.