Inland Spousal Sponsorship Concerns/Questions

[rmurray]

Hi everyone,

This is a bit of a long post, so thank you in advance for reading it and for any advice you have!

So I came to Canada on a 2 year IEC (working holiday) visa in September 2015. I met my boyfriend here & we had a baby in March 2017. We applied for inland spousal sponsorship, but realised close to my visa expiry date (Sept 2017), while we were finishing our application, that we needed additional paperwork to prove our daughter didn't need to be sponsored as a dependent child.

She's only 8 months old, and we didn't have her passport at the time of applying, so had to send away an application for proof of citizenship certificate at the same time as the spousal sponsorship. We were cutting it close with sending in the SS application, the delay of gathering the paperwork for our daughters proof of citizenship application meant we didn't send it away until my status had expired, by about a week. I sent a cover letter explaining why we were delayed in sending the application, and sent away a request to have my status restored and for an open work permit, alongside the spousal sponsorship.

So, my problem is now that I've realised today I didn't send the correct fees, what with the stress of organising this by myself, and the sleep deprivation that comes with babies. When I first got my list of fees to pay, I was applying while I still had legal status, so after the delay with the other application needed for our baby, I was applying for a restoration, OWP & the spousal sponsorship, but I didn't remember to re-check the fees I was paying and haven't paid the fees for restoration of a work permit.

I haven't heard back since sending away my package (it's been about a month), and I'm really worried that it'll be refused because of the confusion over the needed fees? Would they refuse it because I didn't send all the applicable fees? Or would they ask me to pay what I hadn't?

The other problem is that we have a Christmas holiday booked to Scotland to see my family for 3 weeks, which we booked way before realising there might be a problem with me travelling. So now I am absolutely terrified that I may be stopped from returning to Canada after our holiday.

I know the CIC website says you can travel while waiting for an application to be processed along as you meet the criteria for re-entering, and being from the UK, I only need an eta to travel to Canada. However, I'm worried I won't be granted entry because I have an application being processed that hasn't been accepted yet. Does anyone have any advice or experience with travelling while waiting for visa decision?

I tried calling the CIC call centre and after a 45minute wait, I spent almost an hour on the phone, was put on hold about 20 times, the agent kept giving me contrasting information, confusing what I had I told him and essentially didn't really help me at all. I wondered if anyone here could shed some light, or offer any advice.

Thank you,

Roseanne

 

[canuck_in_uk]

Hi everyone,

This is a bit of a long post, so thank you in advance for reading it and for any advice you have!

So I came to Canada on a 2 year IEC (working holiday) visa in September 2015. I met my boyfriend here & we had a baby in March 2017. We applied for inland spousal sponsorship, but realised close to my visa expiry date (Sept 2017), while we were finishing our application, that we needed additional paperwork to prove our daughter didn't need to be sponsored as a dependent child.

She's only 8 months old, and we didn't have her passport at the time of applying, so had to send away an application for proof of citizenship certificate at the same time as the spousal sponsorship. We were cutting it close with sending in the SS application, the delay of gathering the paperwork for our daughters proof of citizenship application meant we didn't send it away until my status had expired, by about a week. I sent a cover letter explaining why we were delayed in sending the application, and sent away a request to have my status restored and for an open work permit, alongside the spousal sponsorship.

So, my problem is now that I've realised today I didn't send the correct fees, what with the stress of organising this by myself, and the sleep deprivation that comes with babies. When I first got my list of fees to pay, I was applying while I still had legal status, so after the delay with the other application needed for our baby, I was applying for a restoration, OWP & the spousal sponsorship, but I didn't remember to re-check the fees I was paying and haven't paid the fees for restoration of a work permit.

I haven't heard back since sending away my package (it's been about a month), and I'm really worried that it'll be refused because of the confusion over the needed fees? Would they refuse it because I didn't send all the applicable fees? Or would they ask me to pay what I hadn't?

The other problem is that we have a Christmas holiday booked to Scotland to see my family for 3 weeks, which we booked way before realising there might be a problem with me travelling. So now I am absolutely terrified that I may be stopped from returning to Canada after our holiday.

I know the CIC website says you can travel while waiting for an application to be processed along as you meet the criteria for re-entering, and being from the UK, I only need an eta to travel to Canada. However, I'm worried I won't be granted entry because I have an application being processed that hasn't been accepted yet. Does anyone have any advice or experience with travelling while waiting for visa decision?

I tried calling the CIC call centre and after a 45minute wait, I spent almost an hour on the phone, was put on hold about 20 times, the agent kept giving me contrasting information, confusing what I had I told him and essentially didn't really help me at all. I wondered if anyone here could shed some light, or offer any advice.

Thank you,

Roseanne

Hi

Well, you probably don't want to hear this but you didn't need to apply for a passport or any other proof of citizenship for your child. You could have just sent your app and avoided all of the trouble.

Unfortunately, yes, your OWP app will likely be returned because you didn't pay the correct fees. I suggest you submit an app to restore your status as a visitor ASAP.

As stated in the application package, if you are planning to leave Canada during the process, you are advised to apply outland. While the risk of being refused entry is low, it is still there.

 

[rmurray]

Hi, thanks for responding.

That is infuriating to hear, because I didn't think that seemed right either - that we had to prove her citizenship - but I kept reading that her birth certificate wasn't enough, and we had to either send a copy of her passport (which we didn't have) or this proof of citizenship certificate application.

Do you think there's any way I could make the correct payment and send it on? They haven't started processing my application yet, so would I be able to make a request to disregard that restoration application to extend/change status , and send a new one?

Also, I had to put on the spousal sponsorship that I was out to status & needed restoration, was I supposed to send a restoration fee as part of the spousal sponsorship application, or only the application to extend/change status?

The website is so unclear & I went round & round in circles trying to figure this all out. I'm so upset & stressed beyond belief to realise I still made a mistake.

 

[WeegieInOttawa]

Hi, thanks for responding.

That is infuriating to hear, because I didn't think that seemed right either - that we had to prove her citizenship - but I kept reading that her birth certificate wasn't enough, and we had to either send a copy of her passport (which we didn't have) or this proof of citizenship certificate application.

Do you think there's any way I could make the correct payment and send it on? They haven't started processing my application yet, so would I be able to make a request to disregard that restoration application to extend/change status , and send a new one?

Also, I had to put on the spousal sponsorship that I was out to status & needed restoration, was I supposed to send a restoration fee as part of the spousal sponsorship application, or only the application to extend/change status?

The website is so unclear & I went round & round in circles trying to figure this all out. I'm so upset & stressed beyond belief to realise I still made a mistake.

Welcome to the forum, sorry its not on simpler terms that you join us!

There is a $200 fee for a restoration application. And when you say you sent a "request" for it to be restored...did you simply ask them to restore it or did you fill in the paperwork/forms for restoration of status?

And while CIC call centre is meant to be a helpline/information line...it often turns out that that isnt the case and the info they give out is often wrong or misleading or just downright unhelpful.

 

[rmurray]

I wish it was on simpler terms too!

I filled out the paperwork for restoration of status - I filled out the spousal sponsorship application & said I was out of status/needed restoration where it asked my current status, & i also sent an application to extend/change conditions as a worker, asking for OWP & stating I was out of status & requiring restoration.

But because it was so last minute (we got the application away 9 days after my status expired) & there has been so much paperwork, I forgot to recheck what fees I owed, because when I originally checked the fees I was within the expiry date of my current visa. So I only paid the fees for SS application ($1,040) & OWP holder fee ($100).

P.S. WeegieInOttawa - I'm from East Ayrshire, so super close to Glasgow Your Scottish flag is comforting me in this time of stress induced nausea, haha.


EDIT: I just got off the phone with CIC & this time was told that I DID NOT need to apply for restoration of status, since I had already sent in a SS & OWP application. I questioned if she was sure I didn't need to apply for restoration even when I was 9 days expired on my current visa when I applied and she said no, I did not need to apply for restoration. Is she right? Is she wrong? Why doesn't anyone at the helpline seem to know the answer to anything?

Our trip at Christmas was booked back in May, before I had realised the travelling was an issue with inland. And I didn't think I could do an outland application from inside Canada (plus couldn't afford to fly to Scotland if I was called for an interview anyway) - so we opted for inland.

The CIC helpline said if the holiday was short (we're going for 3 weeks) then it might be ok, but again cautioned she can't say what will happen.

I'm just nervous as hell leaving the country, but cancelling our trip isn't really an option - saved forever to afford to go, and I haven't been home in 1.5yrs, and family hasn't even met my 8 month old daughter yet.

Do you have any idea on what I could do to make my case strong for being allowed re-entry? Are they in the habit of saying no to someone entering to wait for their application to come through, with an 8 month old canadian they're breastfeeding, who hasn't any smears on their record, payed taxes & everything for 2 yrs, travelling with a canadian partner? I realise CIC might not care - but I just wondered if it's likely or un-likely I will be refused entry?

 

[canuck_in_uk]

I wish it was on simpler terms too!

I filled out the paperwork for restoration of status - I filled out the spousal sponsorship application & said I was out of status/needed restoration where it asked my current status, & i also sent an application to extend/change conditions as a worker, asking for OWP & stating I was out of status & requiring restoration.

But because it was so last minute (we got the application away 9 days after my status expired) & there has been so much paperwork, I forgot to recheck what fees I owed, because when I originally checked the fees I was within the expiry date of my current visa. So I only paid the fees for SS application ($1,040) & OWP holder fee ($100).

P.S. WeegieInOttawa - I'm from East Ayrshire, so super close to Glasgow Your Scottish flag is comforting me in this time of stress induced nausea, haha.


EDIT: I just got off the phone with CIC & this time was told that I DID NOT need to apply for restoration of status, since I had already sent in a SS & OWP application. I questioned if she was sure I didn't need to apply for restoration even when I was 9 days expired on my current visa when I applied and she said no, I did not need to apply for restoration. Is she right? Is she wrong? Why doesn't anyone at the helpline seem to know the answer to anything?

Our trip at Christmas was booked back in May, before I had realised the travelling was an issue with inland. And I didn't think I could do an outland application from inside Canada (plus couldn't afford to fly to Scotland if I was called for an interview anyway) - so we opted for inland.

The CIC helpline said if the holiday was short (we're going for 3 weeks) then it might be ok, but again cautioned she can't say what will happen.

I'm just nervous as hell leaving the country, but cancelling our trip isn't really an option - saved forever to afford to go, and I haven't been home in 1.5yrs, and family hasn't even met my 8 month old daughter yet.

Do you have any idea on what I could do to make my case strong for being allowed re-entry? Are they in the habit of saying no to someone entering to wait for their application to come through, with an 8 month old canadian they're breastfeeding, who hasn't any smears on their record, payed taxes & everything for 2 yrs, travelling with a canadian partner? I realise CIC might not care - but I just wondered if it's likely or un-likely I will be refused entry?

You were also required to pay the actual work permit fee of $155, so you are actually $355 short. You can pay the fees now and send an urgent webform to see if they will just add it to your app but they will Iikely not be able to attach it and still return he app.

The Call Centre is wrong, as usual; they are poorly trained and unable to answer even basic questions. You most definitely need to apply for Restoration.

No one here can say for sure that you will be allowed entry. You will also have the added complication of having been out of status for several months prior to leaving. CBSA will likely allow you in but there is never any guarantee.

 

[canuck_in_uk]

That is infuriating to hear, because I didn't think that seemed right either - that we had to prove her citizenship - but I kept reading that her birth certificate wasn't enough, and we had to either send a copy of her passport (which we didn't have) or this proof of citizenship certificate application.

Where did you read this?

 

[rmurray]

You were also required to pay the actual work permit fee of $155, so you are actually $355 short. You can pay the fees now and send an urgent webform to see if they will just add it to your app but they will Iikely not be able to attach it and still return he app.

The Call Centre is wrong, as usual; they are poorly trained and unable to answer even basic questions. You most definitely need to apply for Restoration.

No one here can say for sure that you will be allowed entry. You will also have the added complication of having been out of status for several months prior to leaving. CBSA will likely allow you in but there is never any guarantee.

Ugh- why does the call centre even exists if it is literally no help whatsoever?

I had to pay a work permit fee, alongside the open work permit holder fee? When I put in what we were applying for I wasn't given that in my list of fees?

So what happens if they return my application, my status has been out for more than 90 days (because I'm assuming it'll take that long to even hear back) but my application is rejected due to incorrect fees? If it takes longer than the 90days to hear whether my status has been restored, what do I do?

Would I have the whole thing sent back to me within the 90 days & I'd have to send it all again?

And there's no physical place I can visit to speak to someone and be advised? Honestly it's like they don't want anyone to move here, the website is so unclear and confusing to navigate and the call centre is clearly useless!

The stress of this is unbearable :'( I'm a first time mum, here without any of my family from home to help me, my boyfriend works full-time, so I'm looking after our daughter by myself the majority of the time, while trying to figure all this immigration stuff out by myself - all while running on little to no sleep for the past 8 months.

Where did you read this?

The document checklist states: "If you (the sponsor) are a Canadian Citizen who is sponsoring your common-law partner, and you both have a child together, your child may be a Canadian citizen. The official way to confirm your child is a Canadian citizen is to apply for a proof of citizenship." I've been trawling the website too but I can't find where I read that a birth certificate was not appropriate proof of citizenship. It said we could send a copy of her Canadian passport & that would be proof but didn't want to hold up the application even longer until her passport came through.

 

[WeegieInOttawa]

I wish it was on simpler terms too!

I filled out the paperwork for restoration of status - I filled out the spousal sponsorship application & said I was out of status/needed restoration where it asked my current status, & i also sent an application to extend/change conditions as a worker, asking for OWP & stating I was out of status & requiring restoration.

But because it was so last minute (we got the application away 9 days after my status expired) & there has been so much paperwork, I forgot to recheck what fees I owed, because when I originally checked the fees I was within the expiry date of my current visa. So I only paid the fees for SS application ($1,040) & OWP holder fee ($100).

P.S. WeegieInOttawa - I'm from East Ayrshire, so super close to Glasgow Your Scottish flag is comforting me in this time of stress induced nausea, haha.


EDIT: I just got off the phone with CIC & this time was told that I DID NOT need to apply for restoration of status, since I had already sent in a SS & OWP application. I questioned if she was sure I didn't need to apply for restoration even when I was 9 days expired on my current visa when I applied and she said no, I did not need to apply for restoration. Is she right? Is she wrong? Why doesn't anyone at the helpline seem to know the answer to anything?

Our trip at Christmas was booked back in May, before I had realised the travelling was an issue with inland. And I didn't think I could do an outland application from inside Canada (plus couldn't afford to fly to Scotland if I was called for an interview anyway) - so we opted for inland.

The CIC helpline said if the holiday was short (we're going for 3 weeks) then it might be ok, but again cautioned she can't say what will happen.

I'm just nervous as hell leaving the country, but cancelling our trip isn't really an option - saved forever to afford to go, and I haven't been home in 1.5yrs, and family hasn't even met my 8 month old daughter yet.

Do you have any idea on what I could do to make my case strong for being allowed re-entry? Are they in the habit of saying no to someone entering to wait for their application to come through, with an 8 month old canadian they're breastfeeding, who hasn't any smears on their record, payed taxes & everything for 2 yrs, travelling with a canadian partner? I realise CIC might not care - but I just wondered if it's likely or un-likely I will be refused entry?

Im happy i can offer some very temporary comfort!

They are completely incorrect about needing to apply for restoration. You must try to maintain a valid status at all times during your application process, whether that be implied or not. At the moment you aren't even on implied status because you did not have an visitor extension app in when your status expired. You are out of status, which you know.

I am about to submit a restoration application myself (not same circumstances as yours). You have 90 days from your status expiring to do this. The worry is that if you do have your application returned you may have missed your 90 day window. An option may be to submit another new restoration application now, im not sure if that would work, but technically they are for sure are not going to process the one you have submitted.. They will either return the whole thing or you may get very lucky and they will contact you for the missing payment, at that point you could just not pay that fee because you would already have submitted another restoration application online. Canuck_in_uk can probably advise better if that can be done.

In the case that your sponsorship application does get returned i would consider changing to outland. It is more than likely going to be quicker and it would allow you to, supposedly more freely, travel should you need to (family emergency back home, going to the US etc). Edited to add that the chances of you being called for an interview in Scotland are very very very slim.

I understand the torture of not having been home in a long time and also the difficulty with money. Unfortunatety the "will you get back in" question is one that people here can only speculate on and as senior or knowledgable as people on this forum are (and thats very knowledgable) you will be at the mercy of the CBSA officer coming back in.

 

[WeegieInOttawa]

Ugh- why does the call centre even exists if it is literally no help whatsoever?

A few years ago they actually gave me information that, had i followed without doing my own research on (how i found this forum!), i would have doing something completely illegal. Its absolutely ridiculous.

 

[rmurray]

A few years ago they actually gave me information that, had i followed without doing my own research on (how i found this forum!), i would have doing something completely illegal. Its absolutely ridiculous.

I even questioned the woman, she put me on hold to check - and she said "no, you don't need to apply for restoration because you already sent the spousal sponsorship & OWP application." I said my status had been expired for 9 days when I applied, and she still said no it's fine.

I was phoning to ask if I could make the missing payments now and have it forwarded to join my application - and her answer was no everything is fine, you don't need to do anything.

Whereas the agent I had yesterday put the fear of god into me about being out of status, told me I had implied status then changed his mind twice about that and basically told me to wait until my application was opened and an agent got in touch/it was returned to me. I was to wait until that happened to know how to proceed, as he said he couldn't give me specific advice because my application hadn't been opened yet.

But if I wait until I hear back/have my application returned I will probably be out of the 90days grace period? Not to mention in Scotland. The 90days are up Dec 24th for me, and we leave Dec 19th.

This is such a nightmare.

 

[rmurray]

An option may be to submit another new restoration application now, im not sure if that would work, but technically they are for sure are not going to process the one you have submitted.. They will either return the whole thing or you may get very lucky and they will contact you for the missing payment, at that point you could just not pay that fee because you would already have submitted another restoration application online. Canuck_in_uk can probably advise better if that can be done.

canuck_in_uk ; do you have any information on that? Would another application sent to the processing centre in Alberta for a restoration/extension as a visitor be processed faster & therefore cancel out the flawed application I sent?

 

[WeegieInOttawa]

canuck_in_uk ; do you have any information on that? Would another application sent to the processing centre in Alberta for a restoration/extension as a visitor be processed faster & therefore cancel out the flawed application I sent?

You would apply for restoration online.

 

[rmurray]

In the case that your sponsorship application does get returned i would consider changing to outland. It is more than likely going to be quicker and it would allow you to, supposedly more freely, travel should you need to (family emergency back home, going to the US etc). Edited to add that the chances of you being called for an interview in Scotland are very very very slim.

Sorry to keep clogging up the feed with more questions; but the processing time for inland and outland both says 12months on the website, and how would I be allowed to stay within Canada while it processes? Would I have to hold a visitor visa?

I was planning to go back to work when my work permit came though - which looks like won't happen any time soon. If I am doing outland sponsorship but staying in canada am i able to be here on an open work permit or something?

You would apply for restoration online.

Would it be as a visitor? This is an option for people who are currently out of status?

 

[WeegieInOttawa]

Sorry to keep clogging up the feed with more questions; but the processing time for inland and outland both says 12months on the website, and how would I be allowed to stay within Canada while it processes? Would I have to hold a visitor visa?

The sponsorship process had some huge changes last year and this is where they streamlined the process and their timelines. Things haven't totally caught up and we are still seeing the trend that a lot of outland applications are getting processed must quicker than the inland ones. It can all depend which VO (visa office) your application gets sent to after Mississauga. Outland is looking at 6-9 typically. I am not hugely familiar with the inland timings and the OWP timings as its not my chosen route. Yes you do have to maintain a visitor status while your application is in process for outland. They can grant 6 months or a year and typically if they see you have an app in process they will grant you an extension if needed.

I was planning to go back to work when my work permit came though - which looks like won't happen any time soon. If I am doing outland sponsorship but staying in canada am i able to be here on an open work permit or something?

If you go outland, you dont have the option to work no, which i know is very difficult and a huge factor in some people to decide to go inland. But inland doesn't typically allow travel, which is why people go the outland route, although a lot of people to leave and reenter successfully on inland. It really is weighing up whats best for the individual.

Would it be as a visitor? This is an option for people who are currently out of status?

You were on the IEC until September 2017 correct? The IEC is non-extendable as im sure you know so "restoring" to working status isn't an option so it would have to be restoring to a visitor/temporary resident (cant remember the exact wording on the form). But yes it would be online via your CIC account. You just upload all your docs/forms there. You didn't do the wrong thing sending the restoration app in with your inland app as you can do that, but if just solely doing the restoration app you would do it online.

How much did you pay fee wise in total?

Im not really sure what your next step is. Hopefully someone else other than me weighs in to give their opinion on letting your current submitted restoration request "die" and doing a new one immediately. I am worried that your 90 days would be up if you just wait it out. There is some kind of regulation that says you are only eligible for the OWP if you have status n Canada, as either a visitor, temporary worker, or student, when the application for permanent residence is submitted. Again maybe someone else can weigh in here as i dont know much about inland as i do outland.

You having your trip booked makes it a tougher situation to be in. But bare in mind anyone (outland or inland) who leaves Canada is at the mercy of the CBSA officer. Even if you held valid visitor status on leaving Canada, the second you do leave that visitor status is null and void. It's just that they do advise not to leave the country on an inland app.

Sorry that i am not being a huge amount of help other than spurting info at you. Hope you can take some small bit (v small) of comfort knowing that a lot of people here go through tough immigration times but that we all try help wherever we can.