waiting PR, stuck in status

[oscar911]

Hi all, i've been searching this forum, and i still confused about my problem.

I've applied for PR within canada, under spouse sponsorship.
But, my extended TRV will be expired soon. And i haven't got result from my PR application yet.

Should i apply to extend my TRV for the second times ? or should I just sit tight, waiting my PR result ?

I'm confused after read this statement :
Under the new policy, most spouses and common-law partners can stay in Canada after applying for permanent residence even if they do not have legal status. In order to apply from within Canada, you must be in a genuine relationship with a Canadian citizen or a permanent resident. Your spouse or partner must agree to support you to help you settle in Canada.

Some people said that I still have legal status, so I must extend my TRV
But some others said, I don't have to extend my TRV, because I apply PR under spouse sponsorship within Canada.

anybody has the same experience ?

thanks before

 

[jesse_love]

Yes, I have the same situation. Could you tell me whether you enclosed an extension application for you temporary resident permit with you PR application or not?

 

[oscar911]

Yes, I have the same situation. Could you tell me whether you enclosed an extension application for you temporary resident permit with you PR application or not?

no. i sent my extended TRV separately.
i got my first extended TRV..but now it almost expired. that's why i'm confused what to do
if i apply for second extended TRV, i worried if it will effect to my PR process.

 

[kelKel]

If you didnt send an extension or work permit app with your PR app you NEED to extend your TRV again for sure. It wouldn't effect your application whatsoever. It would effect it more if your didn't maintain your status which is your resposibility at all times. Explain in the extension that your application has not finished processing and you wish to remain with your spouse until its finished. You have an Inland appliocation which requires you to be in Canada therefore it will be extended until its finished. Include all the documents including payment receipt, proof of financial support ect.

 

[oscar911]

If you didnt send an extension or work permit app with your PR app you NEED to extend your TRV again for sure. It wouldn't effect your application whatsoever. It would effect it more if your didn't maintain your status which is your resposibility at all times. Explain in the extension that your application has not finished processing and you wish to remain with your spouse until its finished. You have an Inland appliocation which requires you to be in Canada therefore it will be extended until its finished. Include all the documents including payment receipt, proof of financial support ect.

oh ok, thanks a lot for the info, i'll apply to extend my TRV then...

By the way, do you know about the validity of this statement ? is it actually true or some kind of hoax ?
Under the new policy, most spouses and common-law partners can stay in Canada after applying for permanent residence even if they do not have legal status. In order to apply from within Canada, you must be in a genuine relationship with a Canadian citizen or a permanent resident. Your spouse or partner must agree to support you to help you settle in Canada.

 

[ditta]

I`m no expert but in my opinion this statement means: if you applied for permanent residency and you included an open work permit or extention on your current status, you will be on implied status after your current visa expires until you get AIP. That would make sense to me. Athough if you did not include any of these (like myself) you have to maintain valid status at all time, it is your responsibility.

 

[kelKel]

Hey Oscar the statement is actually very true. I'll give you an example. A person comes to Canada on a study visa and is in a relationship with a Canandian. The study visa expires but they choose to stay in the country without extending the status. Therefore they have no status. They still have the ability to apply for PR while out of status. Technically they could ask the person to leave at any time but because an application in in process this is rarely enforced and the applicant can stay in Canada.

In this case the file usually gets sent to a local office without obtaining first stage approval but not all the time. Hope this helps clarify some things for you

 

[jesse_love]

You guys are really experts. I completely agree!!!!

 

[oscar911]

I`m no expert but in my opinion this statement means: if you applied for permanent residency and you included an open work permit or extention on your current status, you will be on implied status after your current visa expires until you get AIP. That would make sense to me. Athough if you did not include any of these (like myself) you have to maintain valid status at all time, it is your responsibility.

yes, i think i made mistake before. because i applied extended TRV first..and applied PR later
well, i need to apply second TRV extension then, just to be safe. thank you

 

[oscar911]

Hey Oscar the statement is actually very true. I'll give you an example. A person comes to Canada on a study visa and is in a relationship with a Canandian. The study visa expires but they choose to stay in the country without extending the status. Therefore they have no status. They still have the ability to apply for PR while out of status. Technically they could ask the person to leave at any time but because an application in in process this is rarely enforced and the applicant can stay in Canada.

In this case the file usually gets sent to a local office without obtaining first stage approval but not all the time. Hope this helps clarify some things for you

thanks a lot kelKel...you'r really helpfull

 

[toby]

I advise you to research more of the posts already published on this topic. I recall reading of one member who was denied a TRV extension, who had applied for the extension without including proof that he had also applied for PR. Matthew C gave a good answer on this point.

Sorry I can't be more specific about the posts, but I do want you to be aware that some good advice already exists for your question.


Happy researching.

 

[kelKel]

Hey Oscar regarding the above post. Definitely make sure you include all the proper paperwork when applying. Obviously state you want to remain in Canada with your spouse until processing is done. Other docs to include:

-receipt of payment for Pr (important)
-wifes letter of employment from employer and perhaps recent paystubs
-letter from wife stating support, living arrangements
-bank statements from both of you

This along with the other requested stuff and they should have no reason to deny you as you need to be in Canada for an inland app to process. Good luck!

 

[oscar911]

Hey Oscar regarding the above post. Definitely make sure you include all the proper paperwork when applying. Obviously state you want to remain in Canada with your spouse until processing is done. Other docs to include:

-receipt of payment for Pr (important)
-wifes letter of employment from employer and perhaps recent paystubs
-letter from wife stating support, living arrangements
-bank statements from both of you

This along with the other requested stuff and they should have no reason to deny you as you need to be in Canada for an inland app to process. Good luck!

thanks kelKel

btw, i just want to share info.
a week ago, i tried to call CIC. just want to check about situation like mine.
basically, PR Applicants who remain stay in Canada without extending visa status...will be in "out of status" position. but, they didn't want to say "illegal" position. which kind of weird ;D
well anyways, to be safe...i already applied to extend my visa

 

[kelKel]

No problem!