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Inland Common Law + OWP Questions

EllyFant

Newbie
Nov 22, 2019
7
0
Hi everyone, so we're just getting the last things together to send in and a few questions cropped up that we're not too sure about.

1. We're applying for inland but my partner is only in Canada with an eTA and the immigration page says they must have legal status for the duration. Does that mean we also have to apply for an extension on the visitor visa while they decide about the owp or would they have some sort of interim visa for that time?

2. The checklist also asks to show all passport seal from entering canada, but she lost her passport a few months ago and had to renew it. Would it be wise to show proof of the renewal or would it not make much of a difference?

Thank you all in advance for any answers.
 

soheilhs

Hero Member
Sep 16, 2016
210
147
Hi everyone, so we're just getting the last things together to send in and a few questions cropped up that we're not too sure about.

1. We're applying for inland but my partner is only in Canada with an eTA and the immigration page says they must have legal status for the duration. Does that mean we also have to apply for an extension on the visitor visa while they decide about the owp or would they have some sort of interim visa for that time?

2. The checklist also asks to show all passport seal from entering canada, but she lost her passport a few months ago and had to renew it. Would it be wise to show proof of the renewal or would it not make much of a difference?

Thank you all in advance for any answers.
1- If she holds visitor status, sending PR app + OWP does put her under R183(5) implied status. she may stay in Canada until a decision made , but cant work.

2- not only proof of renewal but also a simple cover letter explaining she lost her passport and include if you have a police record

BTW, always consult with a lawyer or RCIC
 
Last edited:

canuck_in_uk

VIP Member
May 4, 2012
31,633
7,056
Visa Office......
London
App. Filed.......
06/12
Hi everyone, so we're just getting the last things together to send in and a few questions cropped up that we're not too sure about.

1. We're applying for inland but my partner is only in Canada with an eTA and the immigration page says they must have legal status for the duration. Does that mean we also have to apply for an extension on the visitor visa while they decide about the owp or would they have some sort of interim visa for that time?

2. The checklist also asks to show all passport seal from entering canada, but she lost her passport a few months ago and had to renew it. Would it be wise to show proof of the renewal or would it not make much of a difference?

Thank you all in advance for any answers.
1. You don't have to apply for a visitor extension but if her status is expiring within a few months of submission, it is a good idea to apply for the extension in case the PR and/or OWP app is returned. If it is returned after her visitor status expires, she would be out of status and have to apply for Restoration.

2. Include a letter of explanation.
 

EllyFant

Newbie
Nov 22, 2019
7
0
Thanks for the answers. I actually have one more.

At what point is the implied status is applied?

We sent in the application with tracking and it says it was already delivered. Can we use that as proof for implied status or do we have to wait for some form of confirmation from cic? And if so,
 

canuck_in_uk

VIP Member
May 4, 2012
31,633
7,056
Visa Office......
London
App. Filed.......
06/12
Thanks for the answers. I actually have one more.

At what point is the implied status is applied?

We sent in the application with tracking and it says it was already delivered. Can we use that as proof for implied status or do we have to wait for some form of confirmation from cic? And if so,
Implied Status starts after the current status expires while waiting for a new temporary residency app to be processed.

You don't get any proof of Implied Status.
 

EllyFant

Newbie
Nov 22, 2019
7
0
Implied Status starts after the current status expires while waiting for a new temporary residency app to be processed.

You don't get any proof of Implied Status.
Yeah, I understand that. It's also my understanding that for that to apply the applicant has to have legal status when sending the application.

I guess my question really was at what point do we count that' a new recidency app is being processed'? Is it as soon as we have confirmation from the post office that the package was received or do we get an actual confirmation from immigratio
 

canuck_in_uk

VIP Member
May 4, 2012
31,633
7,056
Visa Office......
London
App. Filed.......
06/12
Yeah, I understand that. It's also my understanding that for that to apply the applicant has to have legal status when sending the application.

I guess my question really was at what point do we count that' a new recidency app is being processed'? Is it as soon as we have confirmation from the post office that the package was received or do we get an actual confirmation from immigratio
To apply for the OWP, you need legal status. You don't need legal status to apply for PR.

You will get AOR, Acknowledgement of Receipt, a few months after submission.
 

EllyFant

Newbie
Nov 22, 2019
7
0
To apply for the OWP, you need legal status. You don't need legal status to apply for PR.

You will get AOR, Acknowledgement of Receipt, a few months after submission.
A few months? So is this when it starts counting that the application is being processed?

Say for example we get confirmation from the post office that the papers were delivered today and my partner's tourist visa runs out in a month but we don't get the aor until 2 months later. Would she have the implied status for that month in between or does it only count once we actually get the aor?
 

canuck_in_uk

VIP Member
May 4, 2012
31,633
7,056
Visa Office......
London
App. Filed.......
06/12
A few months? So is this when it starts counting that the application is being processed?

Say for example we get confirmation from the post office that the papers were delivered today and my partner's tourist visa runs out in a month but we don't get the aor until 2 months later. Would she have the implied status for that month in between or does it only count once we actually get the aor?
No. The processing time starts from submission date.

AOR and the PR app has nothing to do with status. As I said, Implied Status will start when the current visitor status expires and will continue until the new app is processed.