Question on the "implied status" for spouse sponsor

[ed-K]

A question on behalf of my acquaintance:

She married a Canadian citizen while on visitor status (temporary visitor). A month before the expiration of her visitor visa, they filed for PR spousal sponsor application. She has not applied to extend her visitor status as she believed implied status will apply.

Does implied status apply in this case? That is, can she stay here while waiting for her PR to be approved?

If not what is her option at this point. She is way over her restoration of status limit (90 days). Thanks.

 

[kolibri]

http://www.canadavisa.com/canada-immigration-discussion-board/spouse-visa-t41119.0.html
please read or search this forum - lots of useful info 8)

 

[Asta]

did u apply outland or inland?
if inland, she had to apply for status extension, if its too late now, she has to restore her status. i think if her status is not restored their application wont be proceeded.

 

[iarblue]

Question is why in the world did you let it expire why did you just not extend it,then you would not be asking these questions.They will look at this closer now.The whole idea is not to put you under a microscope when people do this and jepordize things this way is beyond me.......Tell her to go outside the country for 48 hours and then come back in, get a stamp.

 

[RobsLuv]

The only way to get implied status is to apply for extension. If she didn't apply for extension before her status expired, she's now in Canada illegally and, if they applied for PR via the inland process, they've just set themselves up for a long wait. We need more info as far as whether she applied for PR inland or outland in order to properly advise.

did u apply outland or inland?
if inland, she had to apply for status extension, if its too late now, she has to restore her status. i think if her status is not restored their application wont be proceeded.

This is not true - the application will proceed, it will just be delayed for up to a couple of years because it will be sent to a local office for processing rather than benefitting from straight-forward processing in Vegreville. The instructions are in the inland applicant's guide and they're actually pretty clear. If they didn't read there that she is responsible for maintaining her temporary status if she's going to be allowed to remain in Canada, there's not a lot anybody can do. Problem is that if she applied inland and she leaves Canada during processing, and she can't get back in, she loses the inland PR ap and all the fees, medical, criminal clearances, etc.