Spousal Sponsorship in-land Applications 2016 timeline and updates

[profiler]

I know it's different from study permit, but it might work for you too. My wife had to renew her study permit in 2015. She applied 4 months before it expired and the processing at that time was something like 2 months. It took 7 months to get it. When her status was expired for 2 months, the university was refusing to recognize her implied status, saying that according to the processing time published on CIC website she should already have her new study permit. They even stopped her fellowship... until she used her laptop, logged in to her "mycic" account in front of them and showed there was no decision yet. They then unblocked her files with the university and allowed her to continue her studies. I don't know if it is possible to link your mycic with the OWP application, but if you can, show your employer that there are no decision yet, therefore you are on implied status. In any case, I wish you to get good news very soon.

Or show proof of communication regarding your WP. You can also Google (and print): "cic temporary worker implied status" -- first link.

 

[RaviJ]

@sylvain1 thanks > i tried linking it already but i have a rep so i am unable to do so...@ profiler , i did gave them my last letter which i received from IRCC on March 6th showing they require my passport to continue processing the WP application..but i will print the implied status from the website and provide that as well....thanks again... worse case if i dont receive it by then.. my wifey will have to get a job and i will be on daddy duties as we have a 1 yr old daughter too

 

[mia1588]

Automated message now says they're processing apps before Feb 10 2016...

Anyone part of the July 5 SA / July 13 AIP batch last year has any updates? I now wish we didn't get SA/AIP so early so that we can expect to hear from them about now and see some movement...

 

[lakwachero]

The problem isn't losing implied status. The problem is:
- not being go for "too long" (as in Canada applications require you to remain in Canada; though "short trips" are tolerated). Gone for too long can have CIC consider the application "abandoned".

- if you're (the sponsor) not a citizen, then you have to remain in Canada.

- the border is where the big problem lies. He will be seekin dual intent entry (to enter as a visitor or a temporary resident, and have a PR application in play). So you should google "cic dual intent" and become versed on it. It's not wrong or illegal, but they can refuse him entry for any reason. They will focus on his ties to his country of origin. They must be satisfied that he will return home, if his app is refused. They could also focus on his unintended illegal working. So leaving is ok, but risky.

Also, keep in mind that, they will process his application under public policy. So he doesn't need to change status to still be processed. Public policy allows applicants to still be considered when they are out of status.

Hope that helps.

This is so helpful Profiler – thank you! I guess a good question would be what does the CIC consider "too long"? Is there an official duration one can be away? Also, I'm a citizen so I'll be ok from that perspective.

We'll make sure to know the ins and outs of cic dual intent.

I'm not familiar with the public policy, are you saying that regardless of his work status his PR will still be considered? if you could elaborate more on it that'd be great. Again, appreciate all this insight.

 

[profiler]

This is so helpful Profiler – thank you! I guess a good question would be what does the CIC consider "too long"? Is there an official duration one can be away? Also, I'm a citizen so I'll be ok from that perspective.

You bet. "Too long", like the rest is in quotes. There is no published suggestion. Though from the forum, it seems no more than a month. I would personally suggest no longer than a week or two (if at all -- the risk is pretty high).

I'm not familiar with the public policy, are you saying that regardless of his work status his PR will still be considered? if you could elaborate more on it that'd be great.

Public Policy is a means for people to still have their application's processed, providing they are only out-of-status. Meaning, if a person overstays, and submits an inland PR application, providing they are only out-of-status, they will still have their PR application processed with the rest of the group.

From CIC processing guide IP-8 (see: http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf pg 31, 32):
"5.27 Lawful temporary resident status in Canada
Under the current Regulations, applicants in this spouse or common-law partner in Canada class must have a valid temporary resident status on the date of application and on the date they receive permanent resident status to be eligible to become members of the class.

However, applicants who lack status as defined under the spousal public policy (see Appendix A) may be granted permanent residence so long as they meet all the other requirements of the class, i.e., they are not inadmissible for reasons other than "lack of status".

Applicants who do not have temporary resident status and who cannot be granted positive consideration under the spousal public policy can be removed at any time. Further, the spousal policy does not change the requirement to seek necessary authorization to visit Canada or to work or study here.

If the applicant cannot be exempted from the legal temporary resident status requirement under the spousal public policy (Appendix A) and request an exemption from the requirement to have temporary resident status in Canada based on H&C consideration, please refer to Section 15.

What is “lack of status” under the public policy?
For the purposes of the spousal public policy (see Appendix A), persons with a “lack of status” refers to those in the following situations:
- persons who have overstayed a visa, visitor record, work permit, study permit or temporary resident permit;
- persons who have worked or studied without being authorized to do so as prescribed by the Act;
- persons who have entered Canada without a visa or other document required by the Regulations;
- persons who have entered Canada without a valid passport or travel document (provided valid documents are acquired by the time CIC seeks to grant permanent residence);
- persons who elude examination upon entry to Canada. In these cases, officers should assess the bona fides of the relationship. If it is deemed to be a relationship of
convenience, the application should be refused. If the relationship is deemed bona fide, the application should not be refused on the grounds that the person did not present himself at the port of entry for examination upon entry.

Note: Lack of status may also refer to persons who have overstayed a temporary resident permit.

"Lack of status" for the purposes of the spousal public policy (Appendix A), does not refer to any other inadmissibilities including, but not limited to:
- failure to obtain authorization to return to Canada, where required, after removal or after a removal order has been otherwise enforced;
- persons who have entered Canada with a fraudulent or improperly obtained passport, travel document or visa and who have used the document for misrepresentation under
IRPA. For greater certainty, persons will be excluded from being granted permanent residence under this public policy:
- if they used a fraudulent or improperly obtained passport, travel document or visa to gain entry into Canada; and
- if this document was not surrendered or seized upon arrival; and
- if the applicant subsequently used these fraudulent or improperly obtained documents to acquire temporary or permanent resident status.

Other cases may be refused for misrepresentation if there is clear evidence of misrepresentation under IRPA, in accordance with the Department's guidelines. "

And the full text of the regulation for Public Policy can be found in the same document, in Pg 64 - 79.

 

[lakwachero]

You bet. "Too long", like the rest is in quotes. There is no published suggestion. Though from the forum, it seems no more than a month. I would personally suggest no longer than a week or two (if at all -- the risk is pretty high).

Public Policy is a means for people to still have their application's processed, providing they are only out-of-status. Meaning, if a person overstays, and submits an inland PR application, providing they are only out-of-status, they will still have their PR application processed with the rest of the group.

From CIC processing guide IP-8 (see: http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf pg 31, 32):
"5.27 Lawful temporary resident status in Canada
Under the current Regulations, applicants in this spouse or common-law partner in Canada class must have a valid temporary resident status on the date of application and on the date they receive permanent resident status to be eligible to become members of the class.

However, applicants who lack status as defined under the spousal public policy (see Appendix A) may be granted permanent residence so long as they meet all the other requirements of the class, i.e., they are not inadmissible for reasons other than "lack of status".

Applicants who do not have temporary resident status and who cannot be granted positive consideration under the spousal public policy can be removed at any time. Further, the spousal policy does not change the requirement to seek necessary authorization to visit Canada or to work or study here.

If the applicant cannot be exempted from the legal temporary resident status requirement under the spousal public policy (Appendix A) and request an exemption from the requirement to have temporary resident status in Canada based on H&C consideration, please refer to Section 15.

What is “lack of status” under the public policy?
For the purposes of the spousal public policy (see Appendix A), persons with a “lack of status” refers to those in the following situations:
- persons who have overstayed a visa, visitor record, work permit, study permit or temporary resident permit;
- persons who have worked or studied without being authorized to do so as prescribed by the Act;
- persons who have entered Canada without a visa or other document required by the Regulations;
- persons who have entered Canada without a valid passport or travel document (provided valid documents are acquired by the time CIC seeks to grant permanent residence);
- persons who elude examination upon entry to Canada. In these cases, officers should assess the bona fides of the relationship. If it is deemed to be a relationship of
convenience, the application should be refused. If the relationship is deemed bona fide, the application should not be refused on the grounds that the person did not present himself at the port of entry for examination upon entry.

Note: Lack of status may also refer to persons who have overstayed a temporary resident permit.

"Lack of status" for the purposes of the spousal public policy (Appendix A), does not refer to any other inadmissibilities including, but not limited to:
- failure to obtain authorization to return to Canada, where required, after removal or after a removal order has been otherwise enforced;
- persons who have entered Canada with a fraudulent or improperly obtained passport, travel document or visa and who have used the document for misrepresentation under
IRPA. For greater certainty, persons will be excluded from being granted permanent residence under this public policy:
- if they used a fraudulent or improperly obtained passport, travel document or visa to gain entry into Canada; and
- if this document was not surrendered or seized upon arrival; and
- if the applicant subsequently used these fraudulent or improperly obtained documents to acquire temporary or permanent resident status.

Other cases may be refused for misrepresentation if there is clear evidence of misrepresentation under IRPA, in accordance with the Department's guidelines. "

And the full text of the regulation for Public Policy can be found in the same document, in Pg 64 - 79.

Again, great info! Circling back to the OWP, after reading some more content on here I noticed some have applied for their OWP with Restoration of Status when they passed expiry. Were we suppose to include a form for ROS, if so the IRCC attendant didn't mention that.

Also, you mentioned timing for for reapplying that it wouldn't be considered until my spouse gets AIP, are there exceptions to this? Since we sent in the forms now, will they not be considered at all? Or will it just take another 4 months? I'm just trying to get a sense of timing and plausibility of getting it before the AIP.

 

[profiler]

Again, great info! Circling back to the OWP, after reading some more content on here I noticed some have applied for their OWP with Restoration of Status when they passed expiry. Were we suppose to include a form for ROS, if so the IRCC attendant didn't mention that.

Also, you mentioned timing for for reapplying that it wouldn't be considered until my spouse gets AIP, are there exceptions to this? Since we sent in the forms now, will they not be considered at all? Or will it just take another 4 months? I'm just trying to get a sense of timing and plausibility of getting it before the AIP.

Unless CIC has changed their policy in the last few months on OWP WRT ROS, it's < 90 days that you can apply to restore that status. After 90 days, the PA will have to wait for AIP to have their OWP processed.

See: http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp .

 

[meaningful1]

Ever wonder why IRCC seem to communicate late afternoon?
Well i got this correspondence from them yesterday and am not too sure i understand it
I am asking for your help here.
firstly am September 1 2016 applicant.
"This letter refers to your application for permanent residence under the spouse or common law in Canada class
in order to continuing processing your application further information is required for the:
Principal Applicant : xxxxx yyyyyy zzzzz

Specifically you have submitted an incomplete Schedule A Background/ Declaration (IMM 5669) forms
and/or incomplete Additional Family information (IMM 5406) forms.

For the schedule A Background/Declaration (IMM 5669), you must provide details of EVERY month and year since the age of 18 or the past 10 years from the date your application was received (01-09-2016) whichever is most recent.
THERE CAN BE NO GAPS IN THIS PERIOD OF TIME.

For the additional Family information (IMM 5406) you must complete the required fields for all "applicable family" members.
Information must be submitted in 30 days.
For IMM 5669 I saw where i made a blunder so that i can fix
BUT!!!!

Q1. for IMM 5406 for the principal applicant this form is completed, would additional 5406 forms be needed for dependent children over 18?
Q2. who is considered applicable family members?

 

[profiler]

Ever wonder why IRCC seem to communicate late afternoon?
Well i got this correspondence from them yesterday and am not too sure i understand it
I am asking for your help here.
firstly am September 1 2016 applicant.
"This letter refers to your application for permanent residence under the spouse or common law in Canada class
in order to continuing processing your application further information is required for the:
Principal Applicant : xxxxx yyyyyy zzzzz

Specifically you have submitted an incomplete Schedule A Background/ Declaration (IMM 5669) forms
and/or incomplete Additional Family information (IMM 5406) forms.

For the schedule A Background/Declaration (IMM 5669), you must provide details of EVERY month and year since the age of 18 or the past 10 years from the date your application was received (01-09-2016) whichever is most recent.
THERE CAN BE NO GAPS IN THIS PERIOD OF TIME.

For the additional Family information (IMM 5406) you must complete the required fields for all "applicable family" members.
Information must be submitted in 30 days.
For IMM 5669 I saw where i made a blunder so that i can fix
BUT!!!!

Q1. for IMM 5406 for the principal applicant this form is completed, would additional 5406 forms be needed for dependent children over 18?
Q2. who is considered applicable family members?

Sounds like there was a couple errors.

Q1. From the top of IMM5406E:
"The principal applicant, their spouse of common-law partner (if applicable), and all dependent children 18 years of age or older must complete their own copy of this form."

Q2. If you or your partner have dependents 18-22, they have to complete it.

 

[profiler]

For those watching -- the profiler's have a decision made on the SA.

 

[sylvain1]

For those watching -- the profiler's have a decision made on the SA.

Awesome news! I'm very happy for you. You are of such help for so many people on this forum, I'm very happy that you also see some movement on your side!
Congratulations!

 

[profiler]

Awesome news! I'm very happy for you. You are of such help for so many people on this forum, I'm very happy that you also see some movement on your side!
Congratulations!

Merci. Her side still says "Application Received", but I suspect it will change reasonably soon.

 

[sylvain1]

Merci. Her side still says "Application Received", but I suspect it will change reasonably soon.

Yesterday, I got the SA letter by email, and within about 10 minutes my wife received an update on her mycic. This update was the AIP letter. Ecas was not updated yesterday. Early this morning, when I check, it was yet sponsorship application in process, but decision made on the PA side. Now, it is updated to decision made on both sides. So likely your wife will get AIP on her mycic account before lunch, and ecas, the dinosaurus, might not show it today.

 

[pedropil]

For those watching -- the profiler's have a decision made on the SA.

Profiler congratulations! All inland apps are now moving.

 

[RaviJ]

Congrats Profiler...ur always so helpful