Spousal Sponsorship Application Pending - Status Hearing

[darlynn4444]

My husband entered Canada in December 2016 with no visitor record given at the border. We applied for his permanent residency under the spousal sponsorship in June 2017. We have received confirmation that they are processing my sponsorship application and have asked him to proceed with sending in his police record checks and further paperwork. We recently received a letter stating he must attend a hearing at a local border crossing for overstaying his visit. It was our understanding that once we applied for the PR he had implied status and we did not have to do anything further in that regard. Very worried now that they are going to remove him at this hearing. Does anyone have experience in this regard?

 

[chinesecanadian87]

Did you apply inland? If so did you apply for an OWP? The PR application does NOT grant implied status. If you applied inland and did not apply for OWP and did not extend you visitor permit then he overstayed. If he applied Outland and didn’t extend his visitor status he also overstated.

 

[darlynn4444]

Yes we applied inland but have not submitted the OWP yet. I am able to support us both so we were waiting to do that. Should we submit that application for OWP before the hearing?

 

[zardoz]

Yes we applied inland but have not submitted the OWP yet. I am able to support us both so we were waiting to do that. Should we submit that application for OWP before the hearing?

I think that it's too late to submit the OWP application to gain "implied status". It appears that status has already been lost and the OWP application would have needed to be in the system while a valid status existed. Hope for the best but prepare for the worst.

 

[darlynn4444]

Would they issue a departure order or an exclusion order?

 

[Oldmacwright]

I'm surprised to hear this, most people say even if out of status CBSA will leave alone with a PR app in process.

Also a bit worried too, we are August 2017 app for my wife and she is out of status a fair while longer than your husband.

 

[zardoz]

Would they issue a departure order or an exclusion order?

I would think that a departure order would be most likely.

 

[zardoz]

I'm surprised to hear this, most people say even if out of status CBSA will leave alone with a PR app in process.

Also a bit worried too, we are August 2017 app for my wife and she is out of status a fair while longer than your husband.

My guess is that somehow, he has been "brought to their attention".

 

[darlynn4444]

Is it possible that whoever issued the hearing notice didn't know the PR was in process...we only received notice that my sponsorship application was being processed 3 weeks ago and we received the letter asking him to forward police checks and IMME 5669 the same day as the hearing notice.

 

[darlynn4444]

And if departure order is given how long does he have to stay out of Canada before he can re-enter?

 

[zardoz]

And if departure order is given how long does he have to stay out of Canada before he can re-enter?

I don't remember seeing an explicit time requirement. If he needs a visa, it would be up to the issuing visa office. If visa-exempt, it would be upto CBSA at the POE. If, and it's only an if at this point, he has to leave, the PR application is likely to be considered as abandoned because he is no longer living with you in Canada.

 

[Oldmacwright]

Is it possible that whoever issued the hearing notice didn't know the PR was in process...we only received notice that my sponsorship application was being processed 3 weeks ago and we received the letter asking him to forward police checks and IMME 5669 the same day as the hearing notice.

Why so long since you are a June app, you should have been getting all that around 2 months after you applied.. I wonder have you missed earlier requests?

 

[canuck_in_uk]

Is it possible that whoever issued the hearing notice didn't know the PR was in process...we only received notice that my sponsorship application was being processed 3 weeks ago and we received the letter asking him to forward police checks and IMME 5669 the same day as the hearing notice.

Take proof of the PR app to the hearing. There is a good chance that CBSA will stay any proceedings pending the outcome of the PR app.

 

[Oldmacwright]

Hoping things work out for you, would be a surprise if they force him to leave given you are probably around 4 months away from the end of the PR process.

It’s hard to know exactly how they all work, like we applied for my wife and she has no status so they know about it, some cases like ours goes through without a hitch whilst others run into problems with the CBSA.

Worst thing for you is you could have avoided any problems by submitting the OWP with the app, don’t think it actually means he would have to work (but nice option!)but would of kept him in status and give access to the free healthcare etc. But hindsight is great as we have made lots of mistakes ourselves and still nervous for a smooth outcome.