Spouse restoration of status delay

[dawosura]

Hi all,

Back in June my spouse sent in the paperwork for a restoration of status, asking her visitor's visa to be extended until mid-December. We thought this was plenty of time to receive a response & get our next round of paperwork (spousal sponsorship PR app) out under confirmed "OK" status as well as apply for a visa extension.

No response has arrived, although after an inquiry we did receive an e-mail confirmation that it had been received and was "being processed".

As mid-December fast approaches, we are wondering what in the world we should do. We would wish to request a visa extension in the next week or so (right away really). Does it make sense to do so, assuming that her status will have been confirmed restored ?

Many thanks

 

[scylla]

You'll have to wait until she has official confirmation that her status has been restored. Only then will you be able to apply for an extension. I would wait until December to apply.

 

[profiler]

Hi all,

Back in June my spouse sent in the paperwork for a restoration of status, asking her visitor's visa to be extended until mid-December. We thought this was plenty of time to receive a response & get our next round of paperwork (spousal sponsorship PR app) out under confirmed "OK" status as well as apply for a visa extension.

No response has arrived, although after an inquiry we did receive an e-mail confirmation that it had been received and was "being processed".

As mid-December fast approaches, we are wondering what in the world we should do. We would wish to request a visa extension in the next week or so (right away really). Does it make sense to do so, assuming that her status will have been confirmed restored ?

Many thanks

I am confused. Are you applying to sponsor outland or inland?

Outland, she will have to maintain status in Canada. So you'd be better to have requested a year during the restoration of status process (or longer). The PR application does not grant (implied) status.

If you're applying inland, the paperwork now allows you to indicate and apply for ROS at the same time. If this wad your option, you can still start the process, while ROS is underway. As with outland, the PR application does not grant (implied) status. But the inland route, while taking longer to process, does grant an open work permit. This permit grants implied status until decided upon.

 

[dawosura]

Thanks everyone.

Profiler,

We have in mind to apply Inland, even though we know it takes longer. We did not know about being able to indicate/apply for ROS at the same time. In our case, you're saying that we can apply Inland now while our previously requested ROS is still underway?

Once we have sent in the Inland PR app, we still need to maintain a visitor's visa, or no?

At what point does the open work permit come into effect?

Thank you so much for your help

 

[canuck_in_uk]

In our case, you're saying that we can apply Inland now while our previously requested ROS is still underway?

Once we have sent in the Inland PR app, we still need to maintain a visitor's visa, or no?

At what point does the open work permit come into effect?

You can apply for PR anytime, inland or outland. However, as your spouse does not have status, they can't apply for the OWP.

Submitting a PR app does not grant status in any way. Those with valid status that apply inland can include the OWP app and that will maintain their status. Your spouse doesn't qualify right now.

If you apply inland and Restoration is approved, they can apply for an OWP. It takes 4-5 months to receive it. If Restoration is refused, then your spouse will not qualify for an OWP until after AIP.

You should just wait for an answer on the Restoration app.

 

[profiler]

You can apply for PR anytime, inland or outland. However, as your spouse does not have status, they can't apply for the OWP.

Submitting a PR app does not grant status in any way. Those with valid status that apply inland can include the OWP app and that will maintain their status. Your spouse doesn't qualify right now.

If you apply inland and Restoration is approved, they can apply for an OWP. It takes 4-5 months to receive it. If Restoration is refused, then your spouse will not qualify for an OWP until after AIP.

You should just wait for an answer on the Restoration app.

2016 inlanders who filed out of status, included an OWP, received the visotor record and two weeks later the OWP.

The OP can file inland + OWP. They even changed the forms to allow for ROS application with the inland PR.

@OP: you can file any time. If they refuse the ROS, your app will still be processed under Public Policy. Your partner would have to wait for AIP in that case. Otherwise, once they grant ROS, they will approve the OWP.

 

[canuck_in_uk]

2016 inlanders who filed out of status, included an OWP, received the visotor record and two weeks later the OWP.

The OP can file inland + OWP. They even changed the forms to allow for ROS application with the inland PR.

@OP: you can file any time. If they refuse the ROS, your app will still be processed under Public Policy. Your partner would have to wait for AIP in that case. Otherwise, once they grant ROS, they will approve the OWP.

OP's spouse has already applied for Restoration, an app that will be processed separately. She cannot submit another Restoration application while the first one is still processing and also can't submit a new Restoration request because her status has been expired long past the 90 day allowance.


OP, you should be applying outland anyways. American outland apps are processed faster than anyone else, averaging around 6 months.

 

[profiler]

OP's spouse has already applied for Restoration. She cannot submit another Restoration application while the first one is still processing. She also can't submit a new Restoration request because her status has been expired long past the 90 day allowance.

I was implying that OP submit the inland app they plan to file for, due to the length of the processing time. I wasn't implying that they apply again for ROS, rather that they can start the inland process irrespective of it. Applying inland does permit those out of status to apply and still be processed under Public Policy.

Applying for the OWP means they can get it either when ROS has completed, or at AIP.

Just trying to save them some time waiting is all..

 

[canuck_in_uk]

I was implying that OP submit the inland app they plan to file for, due to the length of the processing time. I wasn't implying that they apply again for ROS, rather that they can start the inland process irrespective of it. Applying inland does permit those out of status to apply and still be processed under Public Policy.

Applying for the OWP means they can get it either when ROS has completed, or at AIP.

I agree that they should apply for PR now, though I definitely recommend that they apply outland, not inland.

 

[profiler]

Once we have sent in the Inland PR app, we still need to maintain a visitor's visa, or no?

At what point does the open work permit come into effect?

There is a clause in CIC IP8 (the operations manual for in Canada application processing) that states that being out of status cannot be the only reason for refusal. Therefore the case is processed under what is called Public Policy.

What we have seen is, CIC seems to be aware of attempts to restore status when PR and OWP applications are being made as well. They seem to offer that service now for PR applicants as well (though don't request this).

The OWP generally takes 4 mos from the date you apply. The most recent case I have seen of ROS + inland + OWP saw the applicant returned to status in 55 days and the OWP arrived in the mail about 3 weeks later -- which was a week before it was due (4 mos).

My wife was in status, and she got her OWP a couple days before it was due.

 

[canuck_in_uk]

What we have seen is, CIC seems to be aware of attempts to restore status when PR and OWP applications are being made as well. They seem to offer that service now for PR applicants as well (though don't request this).

The OWP generally takes 4 mos from the date you apply. The most recent case I have seen of ROS + inland + OWP saw the applicant returned to status in 55 days and the OWP arrived in the mail about 3 weeks later -- which was a week before it was due (4 mos).

As far as I know, the only instances where this has been successful were when the OWP app included the Restoration request and the two were processed concurrently.

Have you actually seen this situation when the Restoration app was submitted separately long before actually applying for PR/OWP?

 

[profiler]

As far as I know, the only instances where this has been successful were when the OWP app included the Restoration request and the two were processed concurrently.

Have you actually seen this situation when the Restoration app was submitted separately long before actually applying for PR/OWP?

That was the case I spoke of where status was restored in 55 days, then 3 weeks later the OWP arrived. Their GCMS notes also state they are not being processed under Public Policy.