Status expired - SA and PA - DM - any hope of fixing this?

[tompeij]

Hello All,

We applied for my wife's PR June 2017.

After going through the entire process and finally getting to the end where we are just waiting for the official letter as both SA and PA have "Decision Made" status, I realize that it may all be for nothing as we never extended her status - not once since we arrived in May 2017. Somehow we missed this entire procedure as I thought when we applied for the PR and paid all the fees we just had to "sit and wait" for 12 months. Now we are almost at the end and I stumble across this info about keeping your status valid while waiting for the PR and I am just sick thinking that all of our hard work and waiting will all be for nothing.

I have been scouring the forums for someone that has already made my blunder but I can't find anything conclusive. I think that if we go to the Landing interview INLAND she will be denied correct?

Is there any other option for us other than to abandon all hope?

If she were to leave Canada and get a new visitor visa can she do a Landing Interview OUTLAND?

Do you think it worth calling an immigration lawyer at this point?

Thanks for any and all advice.

Jason

 

[canuck_in_uk]

Hello All,

We applied for my wife's PR June 2017.

After going through the entire process and finally getting to the end where we are just waiting for the official letter as both SA and PA have "Decision Made" status, I realize that it may all be for nothing as we never extended her status - not once since we arrived in May 2017. Somehow we missed this entire procedure as I thought when we applied for the PR and paid all the fees we just had to "sit and wait" for 12 months. Now we are almost at the end and I stumble across this info about keeping your status valid while waiting for the PR and I am just sick thinking that all of our hard work and waiting will all be for nothing.

I have been scouring the forums for someone that has already made my blunder but I can't find anything conclusive. I think that if we go to the Landing interview INLAND she will be denied correct?

Is there any other option for us other than to abandon all hope?

If she were to leave Canada and get a new visitor visa can she do a Landing Interview OUTLAND?

Do you think it worth calling an immigration lawyer at this point?

Thanks for any and all advice.

Jason

Hi

Valid status is not required for spousal sponsorship. Did you apply inland or outland?

 

[tompeij]

Hi

Valid status is not required for spousal sponsorship. Did you apply inland or outland?

Thanks for you reply. We applied Inland. This would be a major relief. Since your reply I did see there is a "spousal public policy" that could make her exempt. Is that what you are referring to?

 

[canuck_in_uk]

Thanks for you reply. We applied Inland. This would be a major relief. Since your reply I did see there is a "spousal public policy" that could make her exempt. Is that what you are referring to?

Yes.

 

[tompeij]

Yes.

Thank you. That was a stressful 4 hours of frantic googling xD

In this case should we just show up to the landing interview as if everything is normal? Does she have to present her (now expired visa - July 2018) during the interview? Sorry for all the questions. After reading the spousal public policy I am 95% sure we'll be alright. After all we have two children (2 and 4 yo) and have been married (living abroad mostly) for 8 years. I am hoping that CIC won't want to cause undue stress and just waive the requirement...

 

[Oldmacwright]

You will be fine, my wife was out of status for well over 2 years, she landed 6 or 7 weeks ago ( hoping to get the PR card within the next 2 weeks). Lots of other people who landed out of status will tell you the same thing.

Status is not even mentioned at the landing interview, we were never asked and never bought it up, they will just say any current permits are now invalid. We took all my wife’s old/expired permits along as instructed but they never ask to see them.

Just remember the landing interview is only about verifying identity of the PA and Sponsor and signing papers, once you get to that stage there is no question of being refused, the decision has all ready been made before then.

 

[canuck_in_uk]

Thank you. That was a stressful 4 hours of frantic googling xD

In this case should we just show up to the landing interview as if everything is normal? Does she have to present her (now expired visa - July 2018) during the interview? Sorry for all the questions. After reading the spousal public policy I am 95% sure we'll be alright. After all we have two children (2 and 4 yo) and have been married (living abroad mostly) for 8 years. I am hoping that CIC won't want to cause undue stress and just waive the requirement...

As said above, she will be fine. They will already know she doesn't have status.

 

[tompeij]

Thank you both for your help and shared experience. I'm feeling quite relieved now.