Sorry, I didn't see any references that state that applying for a different status gives you an implied status. There was only a statement by one member who kind of quoted something, without giving a reference for that:
Bottom line:
In previous posts there were no links with this sentence. I really want to see the source. Please, give me the link.
Calling is not an option, as call agents are not qualified at all and they often give opposite answers. Moreover, there is no way to prove that they really said something, if IRCC questions your status.
Now, about people's stories. I totally understand that there might be successful stories, but this is not a proof that these people really had implied status. The reason that people were ok is just someone who is being sponsored under family class cannot be deported (unless there are grounds to reject PR application). So, IRCC preferred to shut eyes to that people being out of status. However, this changes nothing from the legal point of view.
http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-183.html
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=188&top=17
Like we kept saying, Implied Status is applied once a Temporary Resident extends his status prior to last day of his authorized stay and still waiting for the decision of the application. It never said it has to be the same permit. Just his Temporary Resident Status. It may be visitor, student and worker. Status and permits are different things. I don't know why you still don't get it. Please consult a senior member. They might have better references for you but the links I gave you are already understandable.
Anyone here won't mind explaining to me what it means when you/your spouse passes Eligibility?
Thanks
It means they determined your sponsor is eligible to sponsor you, meaning they pass all the necessary requirements to sponsor a spouse.
From
https://www.canadavisa.com/family-sponsorship-eligibility-requirements.html:
Requirements for the Sponsor:
- The sponsor must be at least 18 years of age;
- The sponsor must be a Canadian permanent resident living in Canada or a Canadian citizen;
- The sponsor cannot be in prison, bankrupt, under a removal order (if a permanent resident) or charged with a serious offence; and
- The sponsor cannot have been sponsored to Canada as a spouse within the last 5 years.
An individual cannot apply to become a sponsor if he or she:
- did not pay an immigration loan, a performance bond and/or family support payments;
- failed to support a previously-sponsored relative, which resulted in the sponsored individual seeking social assistance to meet his or her basic needs;
- is under a removal order;
- is in a penitentiary, jail, reformatory or prison;
- receives social assistance for reasons other than a disability;
- have filed for bankruptcy and have not received an 'order of discharge' by the court (he or she is still going through the process of bankruptcy);
- were sponsored and held permanent resident status for less than five years;
- sponsored another spouse/partner previously and three years have not passed since the sponsored spouse/partner became a Canadian permanent resident;
- have already submitted an application to sponsor his or her current spouse/partner/child and a decision was not yet made on his or her submitted application;
- were convicted of a violent or sexual offence or an offence that caused,attempted to cause or threatened to cause bodily harm to a relative.
OWP was approved! Feb 6 is our application date
Congratulations
Hey guys! Got an update on my account! Here's my timeline!
December 13th 2017 - App Recieved.
AOR (for me AND sponsor) - January 22 2018
PCC Request - Jan 26th 2018
PCC Uploaded - Feb 13th 2018
Background check running - June 12th 2018
Med and Schedule A request - June 12th 2018
Review of eligibility - Your application is in progress. We will send you a message when we start reviewing your eligibility.
Review of medical results - We have requested a medical exam. Check your messages below for details.
Review of additional documents - We need additional documents to continue processing your application. We will send you a message with more details.
Interview -You do not need an interview. We will send you a message if this changes.
Biometrics - We do not need your fingerprints. We will send you a message if this changes.
Background check - We are processing your background check. We will send you a message if we need more information.
Final decision - Your application is in progress. We will send you a message once the final decision has been made.
My medical request is finally here! They should be rolling out for people with my kind of timeline (or near) as well. Just wanted to keep you updated, and on your toes!
Ooh so exciting!! My wife (PA) is Dec 21st applicant so she should be expecting it soon hopefully next week!! Thank you. For your update.
Hi, sorry. I started my day late. I chose "Other" then "Requires Restoration". Supposedly it's "Out of Status - Requires Restoration" but the box won't let me type the whole thing. Anyway, I also included a note why I needed a restoration because you will be asked that on the "Background Information" part of the form. In that part, I typed "Explanation attached on a separate sheet" because again, the box won't let me type a whole explanation. Hahaha! I honestly don't know why CIC gives us forms that they obviously didn't try to fill in themselves before sending them out for us.
Hey
@iamvenus can i ask you a little favor if thats okay. can you help me with the explanation for the restoration? like foot notes kinda like. if youre cool with it. i am stuck. do you have a sample letter that i could possibly study?
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Sorry, I didn't see any references that state that applying for a different status gives you an implied status. There was only a statement by one member who kind of quoted something, without giving a reference for that:
Bottom line:
In previous posts there were no links with this sentence. I really want to see the source. Please, give me the link.
Calling is not an option, as call agents are not qualified at all and they often give opposite answers. Moreover, there is no way to prove that they really said something, if IRCC questions your status.
Now, about people's stories. I totally understand that there might be successful stories, but this is not a proof that these people really had implied status. The reason that people were ok is just someone who is being sponsored under family class cannot be deported (unless there are grounds to reject PR application). So, IRCC preferred to shut eyes to that people being out of status. However, this changes nothing from the legal point of view.
My husband applied for his OWP while in status. One of the main requirements is that you have valid status in order to receive an Owp. His Visitor Record expired May 14. He just received his OWP approval today which states right on it "Temporary Resident Status Maintained".
Hey
@iamvenus can i ask you a little favor if thats okay. can you help me with the explanation for the restoration? like foot notes kinda like. if youre cool with it. i am stuck. do you have a sample letter that i could possibly study?
Hi,
I tried to find the file that contains my explanation. I have no idea where it is now. I hope it wasn't deleted. Anyway, indicate which part of the form need explanation like for the OWP imm5710,
Personal Details #7
Background Information #2a
Then, add a very simple and direct explanation why you were out of status. With my case, I said:
We applied for Spousal Sponsorship on * before my status expired. Confident that I was on implied status, I did not extend my Temporary Resident status. However, our application was returned on * due to an incomplete information in one of the forms thus, I lost my implied status and now need to have it restored. I already made the required changes and I am hoping you will consider my application.
I guess something like that? Haha
Then I also attached the same explanation on our Spousal Sponsorship application. Don't forget to change which part of the form that need the explanation.
My husband applied for his OWP while in status. One of the main requirements is that you have valid status in order to receive an Owp. His Visitor Record expired May 14. He just received his OWP approval today which states right on it "Temporary Resident Status Maintained".
Likewise. My visitor status expired a month and a half before I got my OWP. Everything was fine.
Had my OWP been returned to me after the expiration of my status (like if I didn't pay the correct fees), then I would have had to do the restoration of status and all that. Given that they pretty much only return apps for wrong fees and/or form issues like missing signatures and whatnot (since I'm guessing we all have PR applications with basic requirements met), as long as you pay the correct fees and make sure everything's filled out correctly on the form, it's gonna be fine.
Hi,
I tried to find the file that contains my explanation. I have no idea where it is now. I hope it wasn't deleted. Anyway, indicate which part of the form need explanation like for the OWP imm5710,
Personal Details #7
Background Information #2a
Then, add a very simple and direct explanation why you were out of status. With my case, I said:
We applied for Spousal Sponsorship on * before my status expired. Confident that I was on implied status, I did not extend my Temporary Resident status. However, our application was returned on * due to an incomplete information in one of the forms thus, I lost my implied status and now need to have it restored. I already made the required changes and I am hoping you will consider my application.
I guess something like that? Haha
Then I also attached the same explanation on our Spousal Sponsorship application. Don't forget to change which part of the form that need the explanation.
right! personal details #7 on the new form and background information #2a and C for me
do i still need to do the same for imm 0008 at personal details #10?
right! personal details #7 on the new form and background information #2a and C for me
do i still need to do the same for imm 0008 at personal details #10?
Yes, as stated on the guide, you have to include an explanation.
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Yes, as stated on the guide, you have to include an explanation.
got mine done! yeah! thank you so much for all the help again. will be sending application hopefully tomorrow!
Yes, as stated on the guide, you have to include an explanation.
how did you arrange it? did you put the letter after the checklist or after imm 5710?
Did he apply Outland or Inland? For Inland, the Medicals usually come around the 6 month mark. For Outland it all depends on where you are applying from. For both Inland and Outland, PR is usually received on or before 12 months (unless the case is not straightforward).
Thanks for the reply..
he is in Canada and applied from there..
Finally after yesterday talk , CIC solved my issue and Today I received new update on for my OWP and it has been approved
Now waiting for next steps.
Wish luck to all friends, don't worry as I waited 4 months for my OWP.
Finally after yesterday talk , CIC solved my issue and Today I received new update on for my OWP and it has been approved
Now waiting for next steps.
Wish luck to all friends, don't worry as I waited 4 months for my OWP.
Congratulations! I guess you guys had the same officer as we did lol!
Thanks for the reply..
he is in Canada and applied from there..
Then his medicals should arrive approximately 6 months after CIC received his application. Inland applications are mainly processed in 12 months, considering the application is straight forward.
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