Inland sponsorship pilot program-not eligible

[brucem]

Everyone is entitled to an opinion...screech, civic, truesmile and myself. What I find frustrating especially with someone like thegorchess is that she becomes abusive to people who disagree with her opinion, as I have found out in the past.

Quite frankly that is not acceptable and if you are going to post on this forum you have to respect other peoples views without becoming abusive, its fine to disagree and debate, its not fine to be directing personal insults at others who have done a lot to help many people on this forum. If it wasn't for the senior members such as screech and truesmile who give up their time to pass on their knowledge then a lot more poeople would sink going through this process.

 

[Estifanos2013]

To anyone who questions "spacial treatment":

a large bulk of out-of-status ended up in this situation because of the high error rate at the processing centre and long delays to process applications.

Inland sponsorship process specifically states as long as an applicant has a valid status at a time of an application is being submit, all is kosher, even if the visitor's status expires

If the application is returned applicant is no longer under implied status and may no longer be "in-status" of TRV expires.
High error rate contributed to a large number of applications being returned due to processing mistakes (yes some applications were returned due to mistakes made by applicants when they were filling out the forms, but I see unusually high number of applicants who specify it is the CIC processing agent made a mistake).

There is a way to fix this - form 5551 allows applicant to restore the status with 90 days of it being lost once $200 fee is paid.

However, and this is an ironic part, in most of the cases, forms are returned AFTER 90 days applicant sent out the forms in the first place, which automatically means status restoration is no longer applicable.

 

[jmd2014]

To anyone who questions "spacial treatment":

a large bulk of out-of-status ended up in this situation because of the high error rate at the processing centre and long delays to process applications.

Inland sponsorship process specifically states as long as an applicant has a valid status at a time of an application is being submit, all is kosher, even if the visitor's status expires

If the application is returned applicant is no longer under implied status and may no longer be "in-status" of TRV expires.
High error rate contributed to a large number of applications being returned due to processing mistakes (yes some applications were returned due to mistakes made by applicants when they were filling out the forms, but I see unusually high number of applicants who specify it is the CIC processing agent made a mistake).

There is a way to fix this - form 5551 allows applicant to restore the status with 90 days of it being lost once $200 fee is paid.

However, and this is an ironic part, in most of the cases, forms are returned AFTER 90 days applicant sent out the forms in the first place, which automatically means status restoration is no longer applicable.

The 90 days window starts after the date of the refusal notice. So your last comment is incorrect.

 

[screech339]

To anyone who questions "spacial treatment":

a large bulk of out-of-status ended up in this situation because of the high error rate at the processing centre and long delays to process applications.

Inland sponsorship process specifically states as long as an applicant has a valid status at a time of an application is being submit, all is kosher, even if the visitor's status expires

If the application is returned applicant is no longer under implied status and may no longer be "in-status" of TRV expires.
High error rate contributed to a large number of applications being returned due to processing mistakes (yes some applications were returned due to mistakes made by applicants when they were filling out the forms, but I see unusually high number of applicants who specify it is the CIC processing agent made a mistake).

There is a way to fix this - form 5551 allows applicant to restore the status with 90 days of it being lost once $200 fee is paid.

However, and this is an ironic part, in most of the cases, forms are returned AFTER 90 days applicant sent out the forms in the first place, which automatically means status restoration is no longer applicable.

I agree that there is some of them that went out of status due to application being returned for incompleteness long after the 3 month after the TRV expires.

But to say that this is the bulk of them, I don't think the numbers that got out of status due to application being returned is actually high enough. The number of cases due to this situation is likely very very small. Otherwise we would be seeing lot of postings/cases but we don't see much evidence of high rejection of applications on this forum.

There is a couple of cases of it one for example Jamesdavid3 but not enough of cases to say that the bulk of it is due to applications being return thus was actually out of their own control. In Jamesdavid3's case, his application was returned due to I think outdated forms. Don't recall. But he was on "implied status" since he submitted the OWP with PR application. However since the application was returned, CiC informed him with the returned application to apply for a status of restoration. The moment his application got returned, he lost his "implied status". He is now "out of status" until a decision is made on his status of restoration. This is through no false of his own other than that he used an out-dated form in the application.

So the majority of them that are out of status are usually due to applicants not doing their part in maintaining their status as part of their responsibility that it is within their control.

Screech339

 

[Estifanos2013]

The 90 days window starts after the date of the refusal notice. So your last comment is incorrect.

Funny story, there is never such a thing as "refusal".

Applicants report the applications package comes back with request to update it. It is never technically refused.
Because of that the status lost at the time the TRV (or whatever status user had) expires, not the time the application is returned.

 

[saria1]

I'm curious, not sarcastically curious, but genuinely curious, out of the "old timers" on here: who is a lawyer, immigration lawyer, paralegal or a CIC employee? I feel some of you could be attorneys or a paralegal and occasionally I've wondered if maybe one or two work at CIC.

As for the one who called Screech a dick, he rubbed me wrong once too. But I've learned all the old timers truly mean no harm or to hurt anyone. We all have opinions and we all get defensive. Try to let it roll off like water off a ducks back. We're still in for a long ride ahead of us ;D

 

[jmd2014]

Funny story, there is never such a thing as "refusal".

Applicants report the applications package comes back with request to update it. It is never technically refused.
Because of that the status lost at the time the TRV (or whatever status user had) expires, not the time the application is returned.

Yup, you are correct. An incomplete application is considered a 'rejection', not a refusal. In which case, since the application is not considered to have been made until it is complete, you actually don't have implied status at all. It appears that implied status is only granted once the application is accepted by CIC.

 

[Christoph100]

I am sorry too but I agree pretty much with what screech is saying...

And to the op "A force to be reckoned with"??

Speaking as a born Canadian Citizen , You do not have any political rights to be reckoned with.

Chris

 

[Estifanos2013]

I am sorry too but I agree pretty much with what screech is saying...

And to the op "A force to be reckoned with"??

Speaking as a born Canadian Citizen , You do not have any political rights to be reckoned with.

Chris

As someone familiar with this bureaucratic hell I hope nobody to get into similar situation.
That said, there are multiple individuals who are in this situation. There individuals got into this case by following the rules and regulations of CIC.

They are trapped in the this situation because of the high processing error rates and extended response times. These two factors create the issue and leave to time for applicant to restore the status since 90-day period had already passed.

If either or both of these issues resolved, thee would be no complainers.


Here is the link the news about high error rates:
metronews.ca/news/canada/1254074/feds-defend-high-error-rates-in-immigration-processing/
thestar.com/news/immigration/2015/01/05/high_error_rate_found_in_canadas_immigration_processing.html

Here is the link to the news about unexpectedly long processing times:
cbc.ca/news/canada/permanent-residency-spouse-sponsorship-delays-leave-new-dad-unable-to-support-family-1.2872148
cbc.ca/news/canada/saskatchewan/american-man-unable-to-work-in-canada-feels-forgotten-by-government-1.2877072


BTW Sponsors have political rights and they can work with their MP and CIC.

 

[Christoph100]

As someone familiar with this bureaucratic hell I hope nobody to get into similar situation.
That said, there are multiple individuals who are in this situation. There individuals got into this case by following the rules and regulations of CIC.


BTW Sponsors have political rights and they can work with their MP and CIC.

Those who are following the rules that is a different situation if the system is failing them. However its the ones that are upset/complaining but yet they have NOT followed the rules.

Political rights. Yes your correct the Sponsor has rights... and the Applicant does not, which I think the original op is unless I am wrong.

 

[bankerguy]

I'm curious...what does 'OUT OF STATUS' mean anyways??

How can you apply for PR if you are out of status and in canada? can someone give me an example?

In my case, my partner was on a PGWP, she applied for PR and OWP, ..in November her PGWP expired, but she got OWP yesterday... so what constitutes as 'out of status'

 

[chris1302]

I have a question and hoping someone can help.
My husband is applying for the inland application and sending the OWP along with it.
I am a canadian citizen, my husband's visa expired Dec 17 (had a visitor visa, visa exempt from Croatia for 6 months). A month before his Visa expired we sent in a extension as temporary resident. We have still not rec'd any word from cic regarding the extension.
I want to send the inland application on Monday (just finishing the application this weekend)
I now don't know his status and how I should proceed with all this? i'm afraid he is out of status and will not be eligible for his OWP? Does anyone have any advice for us?

Btw - I am a canadian by birth, we have been together for 10 yrs, married for over 2yrs. We were living in Croatia together, can here and now I found a good job and we want to stay.

 

[brucem]

I'm curious...what does 'OUT OF STATUS' mean anyways??

How can you apply for PR if you are out of status and in canada? can someone give me an example?

In my case, my partner was on a PGWP, she applied for PR and OWP, ..in November her PGWP expired, but she got OWP yesterday... so what constitutes as 'out of status'
[/quote

If someone say comes to Canada on a 6 month visitor visa but overstays that six months without applying for an extension they would be 'out of status'. They then get married to a canadian citizen and apply for PR in Canada the applicant would be applying 'out of status'. Until a few months ago the inland application guide stated that those who did not have legal status in Canada could still apply inland...hence a lot of people in this situation. They have subsequently changed this stating that people applying for PR should have legal status in Canada but I don't think they have updated other parts of the form thus making it somewhat confusing.

I believe your partner would have had implied status since you applied for OWP at the same time as PR. Someone can correct me if I'm wrong with that.

 

[screech339]

I'm curious...what does 'OUT OF STATUS' mean anyways??

How can you apply for PR if you are out of status and in canada? can someone give me an example?

In my case, my partner was on a PGWP, she applied for PR and OWP, ..in November her PGWP expired, but she got OWP yesterday... so what constitutes as 'out of status'

A person who is "out of status" means that person has no legal status to stay as visitor, work or study in Canada. As in none what so ever. Basically an out of status person is person who is illegally staying inside Canada.

Since your wife gotten her OWP (congrats BTW) she has status as a temporary worker. So she is not out of status. She was never out of status since she applied with OWP and had "implied status" in Canada the whole time until OWP was approved.

 

[brucem]

I have a question and hoping someone can help.
My husband is applying for the inland application and sending the OWP along with it.
I am a canadian citizen, my husband's visa expired Dec 17 (had a visitor visa, visa exempt from Croatia for 6 months). A month before his Visa expired we sent in a extension as temporary resident. We have still not rec'd any word from cic regarding the extension.
I want to send the inland application on Monday (just finishing the application this weekend)
I now don't know his status and how I should proceed with all this? i'm afraid he is out of status and will not be eligible for his OWP? Does anyone have any advice for us?

Btw - I am a canadian by birth, we have been together for 10 yrs, married for over 2yrs. We were living in Croatia together, can here and now I found a good job and we want to stay.

He has implied status until you hear from CIC so he is not out of status.