Still waiting for step 1 (inland )

[M.dot]

Hi I submitted my inland spousal sponsorship application on April 4. (May 4) received letter that they have RECEIVED but not started to PROCESS it yet. It’s been now 5 months on 4 sept. And I haven’t heard anything from them about processing it or even step one.
Background : British citizen married to Canadian citizen. What can I do to find out what is going on or if it is being processed?

I would like to travel to UK asap (family situation), but due to overstaying for about a year now. Came just on regular (6 month tourist). I heard if I go before step 1 I might have trouble with border patrol in Canada, whereas others are saying it will be okay as I have an email from immigration to say they received my application.
please advise on my current situation thank you.

 

[Ponga]

A bit confused, based on your previous posts.

On March 14, 2021 you said that you had already applied for Inland sponsorship, and that you would be `coming to Canada in June to be with your husband/sponsor'. If you were NOT in Canada when the Inland application was submitted, you would not qualify for Inland sponsorship. You then said that you applied in April of this year? Can you please clarify?

My husband has applied for my sponsorship. I am a U.K. citizen. However I wil be staying with him whilst the application has undergone. I am now pregnant, and would like to give birth in Canada. I also need my medical care in Canada I will be accepted for an open permit visa but does that include my care? What do we do as I tend to go to Canada in June. To stay with him and prepare for our baby.

Are out of status? You said that you have `overstayed', so I assume that means that you are without status, right? Even with an Inland spousal sponsorship application submitted you do run the risk of being questioned, BUT...

It is a requirement that an Inland applicant remain in Canada during the processing of the application. The fact that you have overstayed would only aggravate that if you leave and encounter a CBSA officer that's not sympathetic. Even with step 1 approval (AIP) you could still be denied re-entry into Canada, although it would appear that the chances are probably low. Being married to your Canadian sponsor and having a child together, along with a sponsorship application submitted, should be a positive for you, but nobody knows with absolute certainty.

Bottom line: Nobody can tell you what would happen if you choose to leave. Just be aware of the possibility of having problems.

 

[M.dot]

Yes I didn’t know how to delete my
Previous posts as those are all incorrect.
i came to Canada and done an inland sponsorship application.Please ignore those past posts they were incorrect.
also I have a valid eTA as I come from a visa exempt country. And yes however I also heard that you are able to travel with an inland sponsorship but no more than four weeks as you are meant to stay in Canada.

 

[Ponga]

Yes I didn’t know how to delete my
Previous posts as those are all incorrect.
i came to Canada and done an inland sponsorship application.Please ignore those past posts they were incorrect.
also I have a valid eTA as I come from a visa exempt country. And yes however I also heard that you are able to travel with an inland sponsorship but no more than four weeks as you are meant to stay in Canada.

Thanks for clearing that up.

Regarding traveling abroad with an Inland sponsorship in-process, where did you `hear' that a person can leave Canada for no more than 4 weeks? As far as I know, there is no official statement from IRCC regarding this, which is why a person is strongly cautioned to NOT leave Canada until PR has been received.

 

[M.dot]

Thanks that’s nice to hear, regarding that there isn’t a statement about how long I saw it on dfimmigration.ca website regarding the inland application.
i just wanted to know if you know anything regarding about when I wil hear next steps it’s been nearly 5 months and only got AOR

 

[Ponga]

Thanks that’s nice to hear, regarding that there isn’t a statement about how long I saw it on dfimmigration.ca website regarding the inland application.
i just wanted to know if you know anything regarding about when I wil hear next steps it’s been nearly 5 months and only got AOR

Considering it hasn't even been 4 months yet, you may not hear anything for another couple of months. You can always call IRCC and hope that you can actually speak to a human, but that seems to be rare these days.
Dial 1-888-242-2100. After the recorded introduction, you will be asked to choose a menu option. Navigate through the options by pressing 3 and then 4, and then 0.

Still can't recommend leaving Canada until you have PR, espescially since you are out of status, but good luck if you decide to try.

 

[Ponga]

Thanks that’s nice to hear, regarding that there isn’t a statement about how long I saw it on dfimmigration.ca website regarding the inland application.

I found it:
https://dfimmigration.ca/how-to-immigrate-to-canada/inland-in-canada-sponsorship/

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Leaving Canada while an Inland Sponsorship Application is in Process

It is a common misconception that once you file an inland sponsorship application for permanent residence in Canada, that the person being sponsored cannot leave Canada. This is not the case.


Applicants are allowed to enter and leave Canada even while their inland application is in process. However, it is important not to leave for frequent or extended periods because an application can be refused if an inland applicant is determined not to be residing in Canada.


While it is possible that an applicant could be prevented from entering Canada, this is primarily a danger if the applicant travels outside Canada for frequent trips and/or long periods while their application is in process. A reasonable expectation of travel during processing of an inland application is no more than twice per year, for a few weeks per trip. Family emergencies are also taken into consideration.


When a person presents themselves at primary inspection when entering/returning to Canada they are, at times, at the mercy of the officer to allow them to enter. If an officer determines that the FN (Foreign National) is not admissible, they cannot enter Canada. If said FN has an Inland sponsorship application submitted, that evaporates! For this reason, many people choose to submit an Outland application (even if they are IN Canada when their application is submitted, because if they are denied re-entry, their Outland application continues to be processed. I know, too late for you to change that, but perhaps someone will see this before they submit an Inland application.

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**This is likely NOT an official policy with IRCC, rather the `opinion' of the person that wrote this on the dfimmigration website. A person can absolutely `leave' Canada with an Inland application submitted, but to say that a person can ENTER Canada, is not always the case.**
Yes, many have no problems, but some people have big problems!

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[Ponga]

And, this:
https://thewayimmigration.ca/immigration-tips/can-i-leave-canada-after-applying-for-inland-spousal-sponsorship

"
But we often find that some clients want to do both, even though travel outside of Canada is not recommended for inland sponsorship applicants while their application for Permanent Residence is in process.


Why? It’s because your re-entry is not guaranteed – it will depend on the Port of Entry officer to let you back into Canada or not. If you are not allowed re-entry to Canada, your in-Canada class application will be cancelled, as you need to be IN Canada for the processing of this application."