Question about Sponsored Partner in-Canada class--help, please!

[Yelsew]

I feel that I should know the answer to this but I'm doubting/second-guessing myself, so I'm hoping someone experienced with in-Canada spousal sponsorships can help. According to IP-8:

The current Regulations require that to be eligible for the spouse or common-law partner in
Canada class, the applicant have temporary legal status in Canada. However, under the spousal
policy, persons who are otherwise eligible for consideration under this class (and who are not
inadmissible for reasons other than “lack of status”) including those who have applied for
consideration on H&C grounds and submitted a sponsorship, may have this requirement waived.

Does this mean, in effect, that a spouse/partner who is in Canada on a visitor visa does not need to apply for an extension (or restoration of status, if within the 90-day window) before processing can begin on their in-Canada sponsorship/PR application? Also, what if they followed the rules and applied for an extension within the time frames but were denied before the sponsorship/PR application was submitted? Will a denial of a visitor extension in any way affect their in-Canada spousal application?

 

[Rob_TO]

Will a denial of a visitor extension in any way affect their in-Canada spousal application?

As far as I know CIC or CBSA will never move to deport someone if they have an inland application in progress, unless it involved some criminality issue. So I think it's no problem if a visitor extension is turned down, and many people don't even bother attempting to renew their status since they have the inland app in progress.

The inland rules have changed through recently in terms of submitting an OWP along with application, so I'm not sure how it affects the legal definition of "implied" status for inland applicants.

 

[Ponga]

As far as I know CIC or CBSA will never move to deport someone if they have an inland application in progress, unless it involved some criminality issue. So I think it's no problem if a visitor extension is turned down, and many people don't even bother attempting to renew their status since they have the inland app in progress.

The inland rules have changed through recently in terms of submitting an OWP along with application, so I'm not sure how it affects the legal definition of "implied" status for inland applicants.

There have been members here, with an Inland application in process, that have been issued a removal order. No idea how CBSA determines who gets one. Some of those have been allowed to stay, by reporting to CBSA to `check-in' weekly, or monthly...and some have been deported.

The CBSA administrative deferral of removal `policy', that required an active inland application, ended in November, 2011. Now, it's anyone's guess what happens. CIC has not updated ip 8 to reflect the CBSA change, but it does say that there are no guarantees that an inland applicant without status can in fact remain in Canada...only that they can apply for PR.

 

[Rob_TO]

There have been members here, with an Inland application in process, that have been issued a removal order. No idea how CBSA determines who gets one. Some of those have been allowed to stay, by reporting to CBSA to `check-in' weekly, or monthly...and some have been deported.

I can see CBSA not being aware initially if someone has an inland app in progress if they don't talk to CIC, but from any case i've heard of, after CBSA is made aware of the inland app in progress the "implied status" thing results in them backing off the removal.

I wasn't aware people with inland apps had actually been deported just for being out-of-status. Would be curious to see what the reasons or situations of these cases were.

 

[Ponga]

Like many parts of the `overall process', this is yet another piece that is unclear.

I agree that those that are deported are likely trouble makers...of sorts.

 

[Yelsew]

Thanks for your replies, Rob and Ponga. Just a few minutes ago, I found this statement in the most recent update (Feb 6/14) to: "Applying for permanent residence from within Canada: Spouse or common-law partner in Canada class (IMM 5289)", which is a little more clear than the IP-8 manual. So it does seem to confirm that there is really no need to apply for an extension as a visitor when being sponsored under this category.

Spouses and common‑law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are no longer required to have legal immigration status provided that they have an eligible sponsor. All other eligibility requirements continue to apply.

I noticed that these applications are now supposed to be sent to CPC Mississauga, just like the 'outland' applications. This must have been a very recent change, as they had previously been sent to CPC Vegreville. Perhaps this will result in faster processing. Rob, I couldn't find any info about changes to the OWP application procedure in the case of a sponsored partner--can the OWP no longer be submitted with the PR application?

 

[Ponga]

Thanks for your replies, Rob and Ponga. Just a few minutes ago, I found this statement in the most recent update (Feb 6/14) to: "Applying for permanent residence from within Canada: Spouse or common-law partner in Canada class (IMM 5289)", which is a little more clear than the IP-8 manual. So it does seem to confirm that there is really no need to apply for an extension as a visitor when being sponsored under this category.

Spouses and common‑law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are no longer required to have legal immigration status provided that they have an eligible sponsor. All other eligibility requirements continue to apply.

I noticed that these applications are now supposed to be sent to CPC Mississauga, just like the 'outland' applications. This must have been a very recent change, as they had previously been sent to CPC Vegreville. Perhaps this will result in faster processing. Rob, I couldn't find any info about changes to the OWP application procedure in the case of a sponsored partner--can the OWP no longer be submitted with the PR application?

That language has been in place since the Minister of Immigration made the change in Feb 2005. There are two issues:
A person CAN submit an inland application regardless of legal immigration status (which is a CIC policy).
A person with lack of status, MAY (or may not) be removed before their application is complete (CBSA policy).

I tend to agree with Rob_TO's theory, but again...who knows.


Regarding OWP...this has been a very `combative', at times, debate here. OWP and Inland applications for sponsorship now go to different locations, so...who really knows for sure?!?!

 

[Avadava]

The way I see this is that people who are out of status in Canada are not ineligible for spousal sponsorship.For example, someone who's been in Canada illegally for the past 5 years, can be sponsored, even though this said person doesn't have any status in Canada.

But this doesn't mean letting yourself go out of status is encouraged in any way. In fact, according to some cases here people with a spousal sponsorship application have received deportation orders for being out of status.

 

[trixon]

The way I see this is that people who are out of status in Canada are not ineligible for spousal sponsorship.For example, someone who's been in Canada illegally for the past 5 years, can be sponsored, even though this said person doesn't have any status in Canada.

But this doesn't mean letting yourself go out of status is encouraged in any way. In fact, according to some cases here people with a spousal sponsorship application have received deportation orders for being out of status.

Just came across this topic (had an exact same question), very scary!

The situation we are in: my boyfriend is finishing his degree on a student visa (which runs out this year). We met 5 years ago and he came on a student visa to study and be near me and we've had a wonderful experience. From what I understand no matter when we get married (say this year), his temporary status only comes from the day we actually file the PR form? Would it be a better idea to get married, open up joint bank accounts, insurance, housing and then after all that apply for the PR with all the evidence?

 

[Ponga]

Just came across this topic (had an exact same question), very scary!

The situation we are in: my boyfriend is finishing his degree on a student visa (which runs out this year). We met 5 years ago and he came on a student visa to study and be near me and we've had a wonderful experience. From what I understand no matter when we get married (say this year), his temporary status only comes from the day we actually file the PR form? Would it be a better idea to get married, open up joint bank accounts, insurance, housing and then after all that apply for the PR with all the evidence?

The way that I understand the process, :-\, is that if a person applies for Inland (In-Canada) spousal sponsorship and is already out of status, applying for an Open Work Permit, Study Permit, etc., at the same time will do NOTHING to restore their status UNTIL they have first stage approval of sponsor (AIP). At that point, they are usually approved for their permit and their status is restored...somewhat.

A person that applies that is in status (such as your boyfriend), but their status expires before the PR application is approved, loses their status when their current student visa expires...unless, they applied for an OWP. However, that may have changed recently, since PR applications and OWP applications are no longer received at the same physical address for CIC. This topic has been getting a lot of discussion, but so far...nobody here seems to know for sure what, if anything, has changed.

Until you are married, or have been living with your boyfriend for at least 12 consecutive months (which it doesn't appear that you have been), there's no way to start the PR process right now. If you don't already have the things that you mentioned in your last sentence, there's no reason not to start getting them right away.

Depending on when his student visa expires, and/or when you plan to marry, it sounds like your boyfriend's status may in fact expire before you apply for PR. I strongly suggest that you look at ways to prevent that, since the stress of a PR application, in and of itself, is bad enough!!

Again, he can still apply (inland) even if he loses his status, but...the possible repercussions are still not clear.


Good luck!

 

[trixon]

The way that I understand the process, :-\, is that if a person applies for Inland (In-Canada) spousal sponsorship and is already out of status, applying for an Open Work Permit, Study Permit, etc., at the same time will do NOTHING to restore their status UNTIL they have first stage approval of sponsor (AIP). At that point, they are usually approved for their permit and their status is restored...somewhat.

A person that applies that is in status (such as your boyfriend), but their status expires before the PR application is approved, loses their status when their current student visa expires...unless, they applied for an OWP. However, that may have changed recently, since PR applications and OWP applications are no longer received at the same physical address for CIC. This topic has been getting a lot of discussion, but so far...nobody here seems to know for sure what, if anything, has changed.

Until you are married, or have been living with your boyfriend for at least 12 consecutive months (which it doesn't appear that you have been), there's no way to start the PR process right now. If you don't already have the things that you mentioned in your last sentence, there's no reason not to start getting them right away.

Depending on when his student visa expires, and/or when you plan to marry, it sounds like your boyfriend's status may in fact expire before you apply for PR. I strongly suggest that you look at ways to prevent that, since the stress of a PR application, in and of itself, is bad enough!!

Again, he can still apply (inland) even if he loses his status, but...the possible repercussions are still not clear.


Good luck!

Thank you, that helps a lot! Once we marry and begin building our package (medical exam, finger prints from home country, etc) is there anything we can submit in the PR application that is a personal statement?

Both of us fear for his life if he were to return to Russia as gay people there are now under major persecution by the government and people.

The original idea was for him to actually go back to his home land and we would marry there/apply for outland visa, but now due to all the horrible things going on over there we we really would want to try an inland one.

 

[VioletBlue]

As far as I know CIC or CBSA will never move to deport someone if they have an inland application in progress, unless it involved some criminality issue. So I think it's no problem if a visitor extension is turned down, and many people don't even bother attempting to renew their status since they have the inland app in progress.

The inland rules have changed through recently in terms of submitting an OWP along with application, so I'm not sure how it affects the legal definition of "implied" status for inland applicants.

Well, I Certainly HOPE you are Right about this....because I was issued exclusion order in january....applied for prra....that just got rejected....I learned that from CBSA officer who called me....and he asked me which stage is our family sponsorship application at...I said CIC received it 5mths ago and we got our UCI...and he said he was gonna call them to check where they are at in the process....so i have no clue whats gonna happen...if they'll let me stay or not....Im only out of status...no other issues...not a troublemaker in other words! :0