12-09-2005, 05:18 PM
I have seen the questions about the status issue regarding people in Canada applying for PR and whether or not it has to be kept valid etc because of the new Feb 05 policy.
I found some clips from CIC's policy's and explinations I thought I would put in a post. We have a few threads here, plus i've seen countless on other boards, so maybe this will help to clarify:
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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."
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**I also wanted to add this in case we ever get a question regarding someone already issued a deportation letter, etc:
Q: Does this announcement mean that people under removal orders who are married to a Canadian citizen or a permanent resident will be able to stay in the country until their application is assessed?
A: Most spouses and common-law partners can stay in Canada while their application is being processed. However, applicants who are under an enforceable removal order and who are not permitted to have a hold put on their removal (administrative deferral of removal) will be required to leave Canada. Their application for permanent residence will continue to be processed and, if positive, the applicant will be able to return to Canada.
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I hope this helps everyone. I know it's been questioned a lot!
~Amanda
I found some clips from CIC's policy's and explinations I thought I would put in a post. We have a few threads here, plus i've seen countless on other boards, so maybe this will help to clarify:
-----
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."
------
**I also wanted to add this in case we ever get a question regarding someone already issued a deportation letter, etc:
Q: Does this announcement mean that people under removal orders who are married to a Canadian citizen or a permanent resident will be able to stay in the country until their application is assessed?
A: Most spouses and common-law partners can stay in Canada while their application is being processed. However, applicants who are under an enforceable removal order and who are not permitted to have a hold put on their removal (administrative deferral of removal) will be required to leave Canada. Their application for permanent residence will continue to be processed and, if positive, the applicant will be able to return to Canada.
----
I hope this helps everyone. I know it's been questioned a lot!
~Amanda