Spousal Sponsorship in-land Applications 2017 timeline and updates

[loubegga]

Im not 100% about any of this but i don't think you can work. I would also advise you double check this. I thought the inplied status just meant you can stay in canada whilst decision in.progress

Maybe phone cic and ask.

If you do, let us know the response. It may help other people in the future.

Hope you get it sorted.

 

[petkraken]

I actually got a bit curious and so far the only place I found something that’s apparently a statement by someone from CIC is here. This is from 2014 though. So who knows what they have done in the meantime. The reasoning sort of matches what that immigration lawyer told me though. Namely that IEC permits which (after the 1-2 years depending on your home country) can no longer be extended don’t give you implied status for that very reason. Since the implied status is sort of a “temporary extension”. But then I also read people called CIC and were told they can work. (If you inquire about it... in a way I'd personally prefer something written though, so you have proof. But then I have an idea of how long it takes them to answer so I’m not sure what’s the best option...) The only thing I wouldn’t trust is stories about a mate who did the same and it worked just fine, because getting away with it doesn’t necessarily mean it’s legal. So yes, definitely do look into it please.

I hope it works out well and there’s nothing to worry about. Good luck.

 

[DukeBugTor]

I applied for PR with my common law partner inland on August 15, my 2 year WHV expired September 14.. I have not heard a thing from CIC yet but am still working as i assume im on implied status.
How long has it been taking for people to get AIP recently?
Also I didn't realise my MSP (BC health) was linked to my visa. So it has already expired now too apparently. Does anyone know what i can/ should do about this?? Ive had doctor and specialist appointments since the expiry and now am worried ill get billed for them!
So do I have to wait to get my OWP to apply for MSP again?? (meaning waiting for months all over again to get approved :/ )

First, I agree with petkraken and loubegga that you should consult cic or immg lawyers. In addition, I found this on CIC website about implied statues, hope it helps.

"Implied status and travelling outside Canada
A temporary resident with implied status who has left Canada may be allowed to

• re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they are temporary resident visa (TRV)-exempt, as per section R190, or on a multiple-entry visa.
  
  They may not resume work or study in Canada until their application for renewal has been granted. Those not able to resume work must satisfy the border services officer that they have sufficient means of support.
  
  It should be noted that this applies to foreign nationals who are TRV exempt, as per paragraph R190(3)(f), and to those with multiple-entry visas. Temporary residents from TRV-required countries who have implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon are still considered to be TRV exempt, as per subparagraph R190(3)(f)(ii). In this case, their period of authorized stay is extended, pending a decision. This interpretation of the legislation is consistent with the Federal Court decision of De Brito v. Canada (Minister of Citizenship and Immigration);
  
  
• apply for a new work or study permit at the port of entry (POE), provided they have a right to do so under the IRPR.
  
  Temporary residents from TRV-required countries who are on implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon may apply for a new or subsequent work permit at the POE, as they fall under the exception of subsection R198(1).
  

Note: It is strongly recommended that, at the POE, the temporary resident present documentary proof of their application (copy of their application, copy of the fee payment receipt, etc.) for an extension as a visitor, student or worker.

If the foreign national must resume work or study, they can apply for a new work or study permit at the POE, but only if they are authorized to do so under the IRPR."

And here is the definition of Implied status:
"Implied status
If a visitor, student or foreign worker applies to extend their status, before that status expires, they can legally remain in Canada until a decision is made on the application. In this situation, the person has implied status."

Personally, I don't think you can work if your current WHV is expired until new work permit is granted.

 

[DukeBugTor]

Quick question: How long is the OWP under spouse sponsorship valid for? One year or Two years?

 

[buddied94]

Quick question: How long is the OWP under spouse sponsorship valid for? One year or Two years?

if i remember rightly its 2 years

 

[Yulia V]

Quick question: How long is the OWP under spouse sponsorship valid for? One year or Two years?

It's usually 2 years. I got mine till the expiry date on my passport.

 

[PILGRIMPARTNER]

I know that’s not part of your original question but please look into whether you can still work or not. My situation was not 100% the same, but similar and the immigration lawyer we consulted said I cannot work while waiting for the new OWP because I wasn’t reapplying for the same type of permit (I was here originally under the IEC category too). That was last year so maybe things changed. It might very well be different for you for other reasons too, I just think you should make sure so there’s no problems later.

Sorry I’m no real help with your actual questions. I’m in BC too and the way I understood it, if you’d sign up for the first time you could do that the moment your status changes. That change in status could also just be to PR applicant If you fulfill their other requirements. After that there’d still possibly be the waiting period of around 3 months. Do you have any other coverage just in case? (http://www2.gov.bc.ca/gov/content/health/health-drug-coverage/msp/bc-residents/eligibility-and-enrolment/are-you-eligible/applicants-for-permanent-resident-status)

I hope everything will work out for you.

Added: about that work permit. I definitely read both, so you might be right to work. And some of those immigration lawyers seem kind of shady, so take that with a grain of salt. I just meant you should make certain you can work. And writing that you assume you are on implied status didn’t quite sound like it. I never bothered to investigate at the end because I didn’t have a great job at the time and it definitely wasn’t worth any risk at all.

I called and talked to a CIC agent. Got her agent number and time of call and she sent me an email about implied status for open work permits and she confirmed that my husband could continue working on implied status with an IEC. I also spoke to my family member who just finished their Immigration Consulting course and they even showed me the curriculum of where it says that IEC OWP can receive implied status but only with a Spousal PR App.
I think I have enough evidence from multiple sources that confirm that IEC can receive implied status.

 

[redpanda505]

I know that’s not part of your original question but please look into whether you can still work or not. My situation was not 100% the same, but similar and the immigration lawyer we consulted said I cannot work while waiting for the new OWP because I wasn’t reapplying for the same type of permit (I was here originally under the IEC category too). That was last year so maybe things changed. It might very well be different for you for other reasons too, I just think you should make sure so there’s no problems later.

Sorry I’m no real help with your actual questions. I’m in BC too and the way I understood it, if you’d sign up for the first time you could do that the moment your status changes. That change in status could also just be to PR applicant If you fulfill their other requirements. After that there’d still possibly be the waiting period of around 3 months. Do you have any other coverage just in case? (http://www2.gov.bc.ca/gov/content/health/health-drug-coverage/msp/bc-residents/eligibility-and-enrolment/are-you-eligible/applicants-for-permanent-resident-status)

I hope everything will work out for you.

Added: about that work permit. I definitely read both, so you might be right to work. And some of those immigration lawyers seem kind of shady, so take that with a grain of salt. I just meant you should make certain you can work. And writing that you assume you are on implied status didn’t quite sound like it. I never bothered to investigate at the end because I didn’t have a great job at the time and it definitely wasn’t worth any risk at all.

Well I mean the whole application is so complicated and ridiculous that even though I believe I've done everything right I wouldn't be surprised if they turn around with some random thing ive never heard of that I didn't do correctly. Also they don't contact you to tell you you're on implied status which is why I said 'assume.' I've spent a year researching and am pretty certain I can continue working. I've also visited an immigration consultant before sending the application who told me I could. What ended up happening in your situation? When they found out you shouldn't be working?

 

[loubegga]

Anyone from 17th Aug got AOR?

 

[buddied94]

Anyone from 17th Aug got AOR?

not till next tuesday or wednesday mate

 

[loubegga]

not till next tuesday or wednesday mate

Ok thanks.

 

[lakosn]

Anyone from 17th Aug got AOR?

My application was received on 17th as well. Hopefully,we'll receive it next week.

 

[RedGirl]

My application was received on 17th as well. Hopefully,we'll receive it next week.

I am August 17 too. Anticipating AOR hopefully next week as well.

 

[eduardo.arellano]

Hello,

I apply to sponsor my fiancee as a common-law. We applied in august and just got back in the mail the whole package i submitted. the application was incomplete. I submitted my tax return document instead of my tax notice of assesement. We also only paid $100 for the open work permit holder fee and forgot to pay the $155 actual application fee. Should I only pay online and print my notice of assessment and re-send the whole exact package as it is as soon as possible?

thanks for your help!

eduardo

 

[Lashen]

Hello,

I apply to sponsor my fiancee as a common-law. We applied in august and just got back in the mail the whole package i submitted. the application was incomplete. I submitted my tax return document instead of my tax notice of assesement. We also only paid $100 for the open work permit holder fee and forgot to pay the $155 actual application fee. Should I only pay online and print my notice of assessment and re-send the whole exact package as it is as soon as possible?

thanks for your help!

eduardo

They will state the reasons why your application was returned back to you. Include those documents or forms and pay the difference in the fees, and re-submit back. You don't have to fill new forms if you were not asked to do so. Pay attention to the documents requested because they won't return your application because of fee shortage for open work permit.