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Inland Spousal Sponsorship - Extend Visitor Visa?
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Sarahyork

Toronto
3 Posts

Posted - 12/03/2005 :  14:12:44  Show Profile
We applied for inland PR (spousal) and application was sent Oct 20, 2005. All supporting documentation including medicals and police checks were sent at that time, and we haven't received anything by mail as of yet. I've checked e-CAS and haven't been able to access our file yet (no access).

When will I receive a letter acknowledging that I have been accepted as a suitable sponsor? Will this letter contain my Client ID number?

Should I wait for this letter before applying to extend visitor visa for husband (and in same document, applying for initial work permit)?

Just wondering if anyone else sent an application in-canada around the same time. Husband is from Malaysia and entered July 21 2005 on visitor visa.

Thanks...hoping to get some odvice here...

wongn

Markham
1195 Posts

Posted - 12/04/2005 :  10:58:29  Show Profile
Current timeline for inland spousal sponsorship for PR is 8 months to reach approval in principle (AIP). You don't get an acknowledgement letter when you apply inland. When your file reaches AIP, you will get a letter stating you are eligible to sponsor, and your husband will get a letter stating he is eligible to apply for PR. That is the approval in principle letter.

Your husband should maintain his status while in Canada. This means he should apply to extend his visitor visa about 2 1/2 months before it expires. He should not wait until the AIP letter because it will likely come after his visitor visa expires.

You don't need to apply for a work permit until his file reaches AIP.

ejspet

Kenora
33 Posts

Posted - 12/04/2005 :  11:45:55  Show Profile
Hi Sarah,

I too am an inland applicant. They received my application on Sept 21st, and I didn't show up in e-Cas until November 17th as that is when they started processing. So I would assume you would show up sometime mid-late december or after because of the holidays.

You will not receive a letter. Vegreville does all their updates via e-Cas until you receive Approval In Principal.

You can login to e-cas via your client ID number (your husbands).

Do not wait for any correspondence before sending off for your visitor extension as you won't get any. I would send off for your extension now as it is taking approx 36 days to process extensions and they are only processing those received up to October 26th so they are a bit behind so you'll want to send it in now to make sure you're husband stays valid during his process.

you can find the processing times and link to e-Cas here:

http://www.cic.gc.ca/english/department/times/process-in.html

http://services3.cic.gc.ca/ecas/ECAS.jsp


I hope this helps you out!

Goodluck!!

ejspet



PMM

Vancouver
2316 Posts

Posted - 12/04/2005 :  13:28:48  Show Profile
Hi

quote:

We applied for inland PR (spousal) and application was sent Oct 20, 2005. All supporting documentation including medicals and police checks were sent at that time, and we haven't received anything by mail as of yet. I've checked e-CAS and haven't been able to access our file yet (no access).

When will I receive a letter acknowledging that I have been accepted as a suitable sponsor? Will this letter contain my Client ID number?

Should I wait for this letter before applying to extend visitor visa for husband (and in same document, applying for initial work permit)?

Just wondering if anyone else sent an application in-canada around the same time. Husband is from Malaysia and entered July 21 2005 on visitor visa.

Thanks...hoping to get some odvice here...



1. Vegreville is taking 8 months for processing applications. (previous average may have gone up).
2. You will not receive anything from Vegreville unless they require more information until they send an Approval in Principle letter about 6 months or so into the process.
3. You cannot apply for a work permit until you receive A.I.P.
4. If your spouse was admitted for 6 months 21/07/05, then he must apply for an extension of his visitor status. Since his status will expire in January and it takes 39 days for processing, he should be applying now and inform them that he has application in canada pending.
5. Try using your receipt no. to see if the information is in the system yet.



PMM

Sarahyork

Toronto
3 Posts

Posted - 12/07/2005 :  17:10:50  Show Profile
Hi all,
Thanks for the great information, it really helps.
We will send off the extension form asap, and just cross our fingers and wait until we can access our files on e-Cas.

Thanks again...

Weatherbee

Ontario
125 Posts

Posted - 12/07/2005 :  19:50:30  Show Profile
We started the application Jan/05 at which point we sent off the PR app., sponsor app., and a work permit app. as advised by CIC. They began processing it Mar/05. It told 7 months to get AIP. We rec'd AIP Nov.05 with work permit to follow. We never did an extended stay form. We were called by an officer in CPC-V thanking us for the work permit app. and explaining the procedure to us. This was our experience. I have read on several posting that ppl are applying for extended stay once the six months are up but we never did this. I wonder if anyone can clarify why this was our case? Is it based on where your spouse is coming from?

It is a bit confusing. It was our understanding that to be out of status without an application in process is not legal...thus you are illegial in Canada and have over extended your stay. Yet, after February/05, if you have an application in process you were fine.

I hope someone can clarify this for others. Thanks

wongn

Markham
1195 Posts

Posted - 12/08/2005 :  10:36:51  Show Profile
Weatherbee,

I believe in your case, by virtue of applying for a work permit with your sponsorship/PR application, you have effectively extended your husband's temporary residence status. Pending the processing and a decision on his work permit application, he would have implied status. That is why he didn't have to apply to extend his temporary residence status separately, as the application for a work permit is essentially a temporary residence visa with a condition to allow the person to work.

To answer your second question... I think the Feb/05 policy change doesn't make it "ok" to stay in Canada without status. It is stated explicitly in the guide that even though CIC will allow applications from out-of-status spouses, he/she can still be a subject of a removal order and risk being deported.

Friesen

Cal
74 Posts

Posted - 12/08/2005 :  15:54:43  Show Profile
wongn

I read, with interest, your reply here to weatherbee. ...specially the last pragraph. That may help to understand my case..(please read it). where is this part of gudelines of the new change of polcy of Feb 2005? you said: "To answer your second question... I think the Feb/05 policy change doesn't make it "ok" to stay in Canada without status. It is stated explicitly in the guide that even though CIC will allow applications from out-of-status spouses, he/she can still be a subject of a removal order and risk being deported." this part is the most confusing for everyone. Can you explain and elabotate more please.
Thank you

Friesen


Friesen
LF

wongn

Markham
1195 Posts

Posted - 12/08/2005 :  18:10:44  Show Profile
Here's a couple extracts from various CIC sources that may help you understand what I wrote:

IMM5289 - Inland spousal sponsorship guide, Page 26:
"You must have legal temporary residence status in Canada to remain in the country legally without the possibility of being removed. Having legal temporary residence status means you have a document issued by Citizenship and Immigration, which allows you to remain in Canada for the period of time specified on your visitor document (work permit, study permit) or on your temporary resident permit."

IMM5289 - Inland spousal sponsorship guide, Page 26:
"Although out-of-status spouses and common-law partners may now apply for permanent residence in the Spouse or Common-law Partner Class, persons without legal immigration status in Canada are unable to work or study and may be subject to removal proceedings at any time for failing to have or maintain legal immigration status in Canada."

IP08 - Spouse or common-law partner in Canada, Section 5.27:
"Applicants in this class must have valid temporary resident status on the date of application and on the date they receive permanent resident status. Applicants who do not have temporary resident status on the date of application or on the date that permanent resident status is received and persons who are living illegally in Canada or facing enforcement action are not members of the class and may be refused.

Applicants in this category are advised in the kit that in order to receive permanent residence, they must meet requirements:

* on the day we receive their application;
* while their application for permanent residence is in process; and
* when permanent residence is confirmed.

Applicants inquiring directly to any CIC office should be counselled to maintain their status throughout processing to avoid rendering themselves inadmissible as per A41 which states that a person is inadmissible for failing to comply with the Act."




Regarding the last extract, the Feb/05 policy change does make it possible for CIC to accept PR applications from out-of-status applicants from within Canada. However, they are still required to have valid temporary residence status when permanent residence is confirmed, meaning when they are granted PR.

Friesen

Cal
74 Posts

Posted - 12/09/2005 :  06:26:34  Show Profile
wongn

Thank you so much. This is so helpful. My main question is: can the refugee claimant change his status and apply in family sponsor category or he has to wait till a decision is made on his refugee application? what if his refugee application is refused, can he simply shift and get his wife to sponsor him or he has to be removed from Canada first?
has the refugee claimant the right to get married straightaway after enetring Canada or it would look as marriage of convenience?
Thank you again.

Friesen
LF

wongn

Markham
1195 Posts

Posted - 12/09/2005 :  09:55:55  Show Profile
You may want to refer to CIC Policy manual IP8, Section 5.18:

"5.18 - Spouse or common-law partner who is a refugee claimant

A spouse or common-law partner who was issued a work or study permit when their claim was referred to the Refugee Protection Division is not a temporary resident as per R202 or R218. Therefore, they do not meet the requirements of R124(b) and do not qualify as members of the spouse or common-law partner in Canada class."



Carlos and Elena

Toronto
1 Posts

Posted - 11/14/2006 :  13:07:02  Show Profile
Can you please tell us how we would get my husband's ID (I am the sponsoring him).

wongn

Markham
1195 Posts

Posted - 11/14/2006 :  16:55:36  Show Profile
If you filed an in-Canada spousal sponsorship application, then your husband will get his Client ID when the approval in principle letter is issued, approximately 8-9 months from the date the application was received by CIC.

If he has applied for an extension to his temporary resident status, then he already has his Client ID which is shown on the correspondence from CIC.

   
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