Refused visa, will it affect the PR application inland

[mimz26]

we recently received my fiance's letter from CIC stating that he is refused for his temporary visa as he let the expiry lapse more than 90 days. It says he should leave immediately but we have an inland application submitted. We currently waiting for his PR application to be processed (in progress as of May 10th 2011). Will this refusal affect his PR application?

 

[Kedeisha]

Yes it will you most likely have to cancel and apply outland as he no longer have status in Canada

I hope others can comment and give better news but inland means the applicant has to remain in Canada but he is now out of status

 

[rjessome]

No, they won't have to cancel and apply outland. You don't have to be in status to have an inland application ongoing although it is advisable.

 

[Kedeisha]

No, they won't have to cancel and apply outland. You don't have to be in status to have an inland application ongoing although it is advisable.

ok good I thought because it says he has to leave and its recommended that we follow their advice when they say we leave the country just took a guess

yay so the OP can stop worrying now

 

[adzees]

You can apply for restoration of the status, and then you can extend you status as a visitor. However, if nothing works then you are still under implied status on the grounds of your inland application in process. So there is nothing to worry. Just make sure the applicant do not leave the country until every thing is finalised.

 

[buima]

Do you still have Receipt from Canada Post or any other proof taht your application was received by CIC?

 

[Love_Young]

You can apply for restoration of the status, and then you can extend you status as a visitor. However, if nothing works then you are still under implied status on the grounds of your inland application in process. So there is nothing to worry. Just make sure the applicant do not leave the country until every thing is finalised.

You're wrong. The inland application itself does not provide implied status. That is only if you submit an OWP with your inland application or you are waiting for the approval of an extension. Seeing as they already have an answer from an extension they do not have status anymore and can no longer benefit from implied status even if they apply for restoration. Restoration does not provide implied status either.

 

[MartinMatto]

Hi i am a permanent rasedent in canada. i got maried couple month ago. it was affer marriage but in my caultre parent don´t allow affer marriage. thats why they loked their doughter(my wife)for two month. they are forceing to sign in devorce paper and torchering mentaly anf physicl too. my wife is not feeling safe in bangladesh. my all familey members are in canada.

 

[hkalltheway]

No, they won't have to cancel and apply outland. You don't have to be in status to have an inland application ongoing although it is advisable.

Hi there, this was discussed in detail earlier...The out of status "technicality" ONLY works for the spousal category. They may apply for inland application, irregardless of legal status, provided the sponsor is legal. It does not apply for common-law, fiance, etc..

 

[rouvie]

You're wrong. The inland application itself does not provide implied status. That is only if you submit an OWP with your inland application or you are waiting for the approval of an extension. Seeing as they already have an answer from an extension they do not have status anymore and can no longer benefit from implied status even if they apply for restoration. Restoration does not provide implied status either.

My own experience was i applied for my restoration as i don't have legal status, but prior to that we submitted spousal applicantion outland while living in canada, and I never leave canada and good thing i got my PR before they even process my application for restoration.

 

[rjessome]

Hi there, this was discussed in detail earlier...The out of status "technicality" ONLY works for the spousal category. They may apply for inland application, irregardless of legal status, provided the sponsor is legal. It does not apply for common-law, fiance, etc..

It also applies to those who sponsor their common-law partners via the in Canada class. There is no category for fiance.