Thanks for the near `Heart-a-Stroke' today CIC!

[Ponga]

Again, I thank you for your reply.

I'm afraid that I don't understand what you mean by "...because you will more than likely need a landing interview and will not require to go to the border for the landing."

Are you referring to the interview, if your relationship is questioned? Or, the landing interview when I will become a landed immigrant?

I didn't quite catch the "will not require to go to the border for the landing" part.

And...I can only imagine how many other people have endured unnecessary stress, because the CIC person was mistaken.

 

[computergeek]

At the risk of confusing things further:

It is a regulatory requirement that an applicant for permanent residence in Canada must be in status in Canada. The H&C process may provide an exception to this requirement, for example. Other processes also provide exceptions, notably the refugee system.

As a matter of public policy it is permitted for an out-of-status spouse to be sponsored for permanent residency as part of the "spouse/partner in Canada class". This is very clearly spelled out in IP 8 "Spouse or Common-law Partner in Canada Class" (http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf) Appendix H.

This means that spouses or common-law partners in Canada, regardless of their immigration
status, are now able to apply for permanent residence from within Canada in accordance with the
same criteria as members of the Spouse or Common-law Partner in Canada class. This
facilitative policy applies only to relationships in which undertakings of support have been
submitted.

and

The effect of the policy is to exempt applicants from the requirement under
R124(b) to be in status and the requirements under A21(1) and R72(1)(e)(i) to not be
inadmissible due to a lack of status; however, all other requirements of the class apply and
applicants will be processed based on guidelines in IP2 and IP8.

Note that CBSA will generally respect this public policy unless there are other specific reasons for not permitting same. In other cases I've read on this forum the usual thing for people already in trouble with CBSA is that CBSA will hold their passport until AIP (e.g., if they are deferring enforcement of a removal order). In the case of the OP there is no removal order - there is just an issue of status.

The Canada Border Services Agency has agreed to grant a temporary administrative deferral of
removal to applicants who qualify under this public policy.

Thus, there is no issue for the OP not being in status. Once AIP is granted, the OP should apply for a status document (which will normally be granted) if one was not requested with the original PR application. Once the OP has a temporary status document for Canada the status issue has effectively been forgiven and the OP returns to status.

Inland applicants may not land at a Port of Entry - they must be examined by an inland CIC office (This is the "landing interview" and is normally just a formality). The purpose is to make certain the applicant is still living in Canada with the sponsor, that the sponsor does wish to continue the sponsorship and that the applicant has complied with the requirements (e.g., initial the COPR to indicate no undeclared criminality issues or undeclared dependents). Once done, the applicant's legal status in Canada becomes that of a "permanent resident" rather than a "foreign national".

 

[jomz]

Thank you computergeek!

Great information. Just wish my spouse could be here to apply inland LOL Unfortunately he won't be even given an opportunity to step foot in Canada until he gets his PR as he is from a non visa exempt country and TRV are rare when a spouse is in Canada and he has strong ties to Canada (meaning me). I think this policy should be changed too. If I am approved as a sponsor regardless of his ties he should be given the opportunity to visit me in Canada and stay until he is needed back in his home country for an interview at the VO or prior to expiry of his TRV (whichever comes first)...CIC could make it all conditional, meaning that if: My husband was to come here on a TRV and overstayed than it should automatically grant CIC grounds for refusal of the PR application. I highly doubt many spouses would be overstaying and taking a chance of having their PR application refused for this very reason.

 

[Ponga]

Thank you computergeek. I was hoping to hear a response from you, as I've learned quite a bit from some of your previous posts.

I greatly appreciate your well crafted reply. I too had read through IP 8, and had found the aforementioned sections that you reference.
As I mentioned in my original post, it was only this one individual that I spoke with at CIC today that nearly caused my panic attack.

If I may ask for clarification. The status document that you advise me to request...would that be the OWP? Having never worked in Canada,
and not knowing if I will have a need to, in the foreseeable future, I wasn't as upset about the CIC person that said my OWP request would be
a waste of my time and money, if out of status...even after I reminded him that it would be accompanying my Inland sponsorship application.

Thanks again,

 

[jomz]

and additionally if CIC is so concerned with marriage fraud, this would be a great tool in stopping marriage fraud or or at least limiting marriage fraud as during a visit on a TRV the sponsor may be able to see some red flags and determine in its right mind that their spouse did not enter their marriage for geniuane reasons, and in which case a sponsor in their right mind would cancel sponsorship before the spouse would even have a conditional PR....only if I was the immigration minister haha

 

[computergeek]

If I may ask for clarification. The status document that you advise me to request...would that be the OWP? Having never worked in Canada,
and not knowing if I will have a need to, in the foreseeable future, I wasn't as upset about the CIC person that said my OWP request would be
a waste of my time and money, if out of status...even after I reminded him that it would be accompanying my Inland sponsorship application.

I was deliberately vague. You could request an OWP, or a study permit or a visitor record. Any would work equally well at restoring your status. It would not be a waste of time and money.

 

[jomz]

Thank you computergeek. I was hoping to hear a response from you, as I've learned quite a bit from some of your previous posts.

I greatly appreciate your well crafted reply. I too had read through IP 8, and had found the aforementioned sections that you reference.
As I mentioned in my original post, it was only this one individual that I spoke with at CIC today that nearly caused my panic attack.

If I may ask for clarification. The status document that you advise me to request...would that be the OWP? Having never worked in Canada,
and not knowing if I will have a need to, in the foreseeable future, I wasn't as upset about the CIC person that said my OWP request would be
a waste of my time and money, if out of status...even after I reminded him that it would be accompanying my Inland sponsorship application.

Thanks again,

Ponga why don't you apply for status at time of your inland app? I mean you are from a visa exempt country, so it should be granted. If you get OWP and implied status I think you can at least be covered under provincial health care.

 

[computergeek]

Ponga why don't you apply for status at time of your inland app? I mean you are from a visa exempt country, so it should be granted. If you get OWP and implied status I think you can at least be covered under provincial health care.

The rules for health insurance coverage are as complex as immigration rules. They vary by province. Ontario won't grant health care coverage until AIP. Other provinces are more generous (I'm in BC and as long as there's an application in process and the applicant is living with the sponsor, there is a mechanism for obtaining coverage, for example.)

 

[Ponga]

The rules for health insurance coverage are as complex as immigration rules. They vary by province. Ontario won't grant health care coverage until AIP. Other provinces are more generous (I'm in BC and as long as there's an application in process and the applicant is living with the sponsor, there is a mechanism for obtaining coverage, for example.)

As I am also in BC...and will have my application `in process' in a matter of days...and I am living with my sponsor, I must investigate this mechanism.

Thanks again,

 

[jomz]

The rules for health insurance coverage are as complex as immigration rules. They vary by province. Ontario won't grant health care coverage until AIP. Other provinces are more generous (I'm in BC and as long as there's an application in process and the applicant is living with the sponsor, there is a mechanism for obtaining coverage, for example.)

It is the same in Alberta.
In Ontario you can obtain OHIP coverage under an OWP if you are working and residing in Ontario.

 

[computergeek]

Here's the MSP link: http://www.health.gov.bc.ca/msp/infoben/pdf/covering-a-spouse-or-child-who-is-an-applicant-for-permanent-resident-status-in-canada.pdf

Alberta is more generous than BC in general, though AB will only consider a "common law" couple after five years of cohabitation, not one.