The lawyers being used did not extend my WP as they were suppose to. So now, out of status and putting in a restoration application. While out of status can an Inland spousal sponsorship be submitted? Can a open spousal WP be applied for while out of status?
Inland Spousal Sponsorship
- Thread starter rogerrandhawa
- Start date
Generally speaking, you can be sponsored under inland spousal sponsorship class if you are out of status because you overstayed for some reason. (Please note there are always exceptions and exceptions to exceptions in immigration laws.) This is not mentioned explicitly on CIC website, but there is a public policy in their manuals- IP 8 talkis about this.
If you meet all the other requirements under this category, You are eligible to apply at the same time for an open work permit under this category. You can not work though before you are told so. However this is a pilot program renewed on the yearly basis. Info shows currently this project will expire dec 21 2016. Given the intent of the introduction of the project in the first place, my understanding is this project may well be carried on. So keep an eye on CIC website on the updates. Not allowed to post the link for open work permit application under this category, but you can search with key words of "international mobility program and open work permit" to get the info.
One thing important is: don't leave Canada while you are waiting for your temporary status. It is also not advisable to leave Canada if you inland spousal application is in process, because you could be denied of entry and inland spousal sponsorship, by law, requires you to co-habitat with the sponsor.
Good luck!
Ivory
If you meet all the other requirements under this category, You are eligible to apply at the same time for an open work permit under this category. You can not work though before you are told so. However this is a pilot program renewed on the yearly basis. Info shows currently this project will expire dec 21 2016. Given the intent of the introduction of the project in the first place, my understanding is this project may well be carried on. So keep an eye on CIC website on the updates. Not allowed to post the link for open work permit application under this category, but you can search with key words of "international mobility program and open work permit" to get the info.
One thing important is: don't leave Canada while you are waiting for your temporary status. It is also not advisable to leave Canada if you inland spousal application is in process, because you could be denied of entry and inland spousal sponsorship, by law, requires you to co-habitat with the sponsor.
Good luck!
Ivory
Ponga said:
Ponta, that is a good point.
You can not get 2 work permits if you are restoring the worker status while at the same time requesting an OWP. If the original work permit is extendable, still with 90 days, restore first. Otherwise, consider other options.
Ivory
Yes, because the OWP associated with an Inland sponsorship application is a special type of OWP. It is NOT the same as the OWP that a spouse or partner in other immigration streams would receive.
This OWP requires legal (including Implied) status, combined with an Inland application that has been received by CIC.
This OWP requires legal (including Implied) status, combined with an Inland application that has been received by CIC.
Ponga, it is incorrect that the inland spousal sponsorship applicant has to be in status before applying under this category.Ponga said:
As I have explained in my previous post, it is on page 64-65, in IP-8 under operational bulletins and manuals/publications. Check it out. It is not under the webpage of international mobility programs on the website.
It is important to clear this misunderstanding as a lot of people could benefit from knowing this.
Ivory
IvoryX said:
Please read my post again. I stated that the OWP associated with an Inland application requires legal status.
And, for the record...the Inland Guide was updated in September of 2014 that now states that legal status is required to apply, but since IP8 has not been updated to reflect this (nor has the Public Policy from February 2005 been repealed), I'm not sure why CIC made that change.
IvoryX said:
Ponga pretty clearly referred to the OWP requiring a person to have status, not the PR app.
That said, there has been at least one person on here who reported that they submitted the Restoration/OWP app with their inland PR app and had their status restored as a worker.
True, but since we both know how consistently inconsistent CIC is...I'd be afraid that they'd process the OWP before the ROS, which would lead to a refusal.
Logic would tell them to process the ROS first, especially if they were received together, but...
Logic would tell them to process the ROS first, especially if they were received together, but...
What an interesting discussion here!
Sorry Ponga scanned your post too fast. And my reference didn't make it any clear.
Non status applicants have to wait for the approval in principle before sending off their OWP application. There is no update if this project gonn be extended.
Sorry Ponga scanned your post too fast. And my reference didn't make it any clear.
Non status applicants have to wait for the approval in principle before sending off their OWP application. There is no update if this project gonn be extended.
Actually, the OWP can be included with an Inland application if the person is out of status, but they must write something like: OWP SUBMITTED WITH INLAND SPONSORSHIP APPLICATION. PROCESS AFTER AIP across the top of IMM5710E, but...why bother. That's what those without status did prior to Dec 201 when the Pilot Program was launched.
Since the Pilot OWP has generated a lot of money (especially that ridiculous $100 Permit Holder fee) for CIC, I'd be shocked it it weren't extended for another year.
Since the Pilot OWP has generated a lot of money (especially that ridiculous $100 Permit Holder fee) for CIC, I'd be shocked it it weren't extended for another year.
Ponga said:
But it is only one app, an OWP app requesting Restoration, so the OWP couldn't be processed first.
canuck_in_uk said:
True, but what about a person that may have submitted a ROS, to restore status as a visitor, and also included a separate OWP with the Inland application?
In this case, the OP had a WP that expired, so are you saying that the status can be restored as a worker, even though this OWP does not (really) extend an expired WP?
Ponga said:
Applying separately, I can't say what would happen.
It wouldn't be an extension. Restoration doesn't always depend on the previous status. For example, a person here with an expired work permit may apply to restore their status as a student if they have been admitted to a school.
IvoryX said "Generally speaking, you can be sponsored under inland spousal sponsorship class if you are out of status because you overstayed for some reason. "
Ponga said "...the Inland Guide was updated in September of 2014 that now states that legal status is required to apply"
Is legal status required to apply for a Inland Spousal Sponsorship application? Please clarify
Ponga said "...the Inland Guide was updated in September of 2014 that now states that legal status is required to apply"
Is legal status required to apply for a Inland Spousal Sponsorship application? Please clarify
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