Spousal program and PR?

[LadyEtro]

Hello there!

Soon I am sending our forms for spouse application and PR, but I do have a question that I can't find answer.
I am living here, in Canada with sponsor - when I send forms, do I have implied status, or do I have to move to my country for time being?

Plus, if I don't, can I travel with my partner?

Thanks for taking time to answer, I was searching online but did not find anything clear.

Have a great day

 

[CDNPR2014]

there is no implied status with only a PR application - regardless of if it's inland or outland.

If you applied inland and included an application for the spousal sponsorship open work permit (OWP), then you would have implied status until CIC notifies you of the decision on the OWP application.

you are free to travel as you like. for inland applicants, it is important to not travel outside of canada for significant amounts of time since it is required for the applicant and sponsor to be living together in canada while the application processes. just know whether you are allowed back into canada is at the discretion of CBSA officer you meet at the point of entry. if they feel you are not a "true" visitor or are trying to live or work illegally in canada, they can refuse you entry into canada. if you have an inland application submitted and you are refused entry for any reason, your application will be considered abandoned and cancelled.

 

[LadyEtro]

So sending application form for sponsorship and PR does not allow me to stay, am I right?

Traveling question was just to be sure, if something happens that I have to travel, which hopefully won't.

 

[CDNPR2014]

So sending application form for sponsorship and PR does not allow me to stay, am I right?

Traveling question was just to be sure, if something happens that I have to travel, which hopefully won't.

correct, submitting only a PR application does not give you the right to stay in canada. You will need to apply for an extension of stay through the CIC website prior to when your current visa (or allotted time) ends.

 

[LadyEtro]

Thank you

My options are then, OWP, or something else?
I am truly sorry for all those questions, got a bit lost with all that.

 

[CDNPR2014]

Thank you

My options are then, OWP, or something else?
I am truly sorry for all those questions, got a bit lost with all that.

to get implied status, you need to apply for the spousal OWP or extend your stay as a visitor. implied status will end once a decision is received about one of those applications. there is no way to have implied status for the duration of your PR application. either you maintain legal status yourself or you risk having illegal status during the 2 year processing time.

 

[LadyEtro]

Thanks again!

Well I am not even trying to be illegal here, that's not even an option.

 

[profiler]

Well I am not even trying to be illegal here, that's not even an option.

The inland PR application can be processed for people who are "Out of Status". They are processed under Public Policy. Though you cannot work, you can remain until they complete processing the application. That said, it's much easier to just file for an OWP + inland PR and not worry about status issues.

Should you find yourself out of status, and you did file inland, the option exists now to Restore you Status as a worker from the single OWP package. That would give you implied status until decided upon.

 

[LadyEtro]

Okay then, either of those I will do. It just freaked me out that if my status is out, I have to go back to my country immediately.
I already am here for almost 2 years ( counting everything) and I want to live together with my husband to be. I kinda don't have live in my country anymore, so whatever it takes, I will do.

 

[profiler]

Okay then, either of those I will do. It just freaked me out that if my status is out, I have to go back to my country immediately.
I already am here for almost 2 years ( counting everything) and I want to live together with my husband to be. I kinda don't have live in my country anymore, so whatever it takes, I will do.

If you some how end up out of status, you can generally restore your status (or apply to) within 90 days.

 

[Ponga]

The inland PR application can be processed for people who are "Out of Status". They are processed under Public Policy. Though you cannot work, you can remain until they complete processing the application. That said, it's much easier to just file for an OWP + inland PR and not worry about status issues.

This is usually the case, but it is not an absolute guarantee. CIC evens warns that a person can still be removed, but most seem to be ok.

 

[profiler]

This is usually the case, but it is not an absolute guarantee. CIC evens warns that a person can still be removed, but most seem to be ok.

That's if CBSA decides to take removal action though, right? How often do they do that when there is a PR case in process? Not to say that it doesn't happen, and that it is way easier to just get the OWP, but, you can probably get away with PP processing. Would you agree?

 

[LadyEtro]

After all the reading, etc, there is one thing I am not sure.
I pay online fee for Right of Permanent Residence, but are there any paper to fill for that? Do I just pay the fee and that's all?

 

[profiler]

After all the reading, etc, there is one thing I am not sure.
I pay online fee for Right of Permanent Residence, but are there any paper to fill for that? Do I just pay the fee and that's all?

There is no paperwork for RPRF. That fee helps offset the costs afforded to you during your assessment and the first little bit you live as a PR (before you start contributing via taxes etc).

If you filled out the OWP and PR applications, gathered your proofs, paid your fees ($1040 + 255 for the OWP), you're all set!

 

[LadyEtro]

Okay, perfect then! Money there, all proof is there, ready for mailing.

As a Open Work Permit, do I have to fill where I want to work? I've read I can leave N/A, but I am not sure.

Thank you so much for helping me, it does set a bit of peace, it's pretty crazy with all those papers.