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Inland sponsorship application ending with fraud
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Nevergiveup View Drop Down
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Points: 41 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Nevergiveup Quote  Post ReplyReply Direct Link To This Post Topic: Inland sponsorship application ending with fraud
    Posted: 29 Nov 2010 at 6:16pm
Hello Koumail130,
 
I feel so bad reading what`s happening in your case. At least there still some home here.
The Good news is that  you can remain in the country even if your status is expired. The law does not require you to have a valid status while your applicaton is being processed.(However, make sure to keep a record of all letters to send to CIC with regards to your application. So my suggestion will be to submit the new application as soon as possible (you might want  to do it yourself by Registered mail).
As to what to do to sue your previous lawyer to  get your money back, I wouldn`t recommend you to do so. by all means, we never know how far those people can do make you pay.
 
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Saya View Drop Down
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Points: 343 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Saya Quote  Post ReplyReply Direct Link To This Post Posted: 09 Dec 2010 at 3:49pm
Originally posted by Nevergiveup Nevergiveup wrote:

 
The Good news is that  you can remain in the country even if your status is expired. The law does not require you to have a valid status while your applicaton is being processed.
 
 
Huh? since when??
 
Last time I checked that's not true. You MUST have vaild status!
 
Unless I'm missing something here?????
Meds - Apr 13/10
App rec'd CPC-M - Apr 21/10
Sponsor Aprvd - May 27/10
App In Process/Meds Rec'd - Jun 16/10
DM - July 27/10
PPR via Email - Aug 4/10
PP w/ VISA - Aug 24/10
CommonLaw - London
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Harmonia View Drop Down
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Where's the rest of the thread?  What's the back-story? 
Citizenship App Sent: December 2012
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koumail130 View Drop Down
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It is my story, I came to Canada with a visitor visa, and I hired a lawyer to prepare my inland sponsorship application (spousal). Everything was normal, but unfortunately my story ended with fraud. The lawyer was not submitting my application!! Today, my visa is expired and I am re-preparing my application by myself. From what I have red before I think I can submit my application even I am out-of status! But I need some help regarding what documents should be included in my application if I am living in Quebec?!

Thank you
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Saya View Drop Down
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Points: 343 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Saya Quote  Post ReplyReply Direct Link To This Post Posted: 13 Dec 2010 at 8:57am
It looks like this is a response to another thread, but regardless you still require vaild status in any case. I just don't want people reading this and getting the wrong idea.
Meds - Apr 13/10
App rec'd CPC-M - Apr 21/10
Sponsor Aprvd - May 27/10
App In Process/Meds Rec'd - Jun 16/10
DM - July 27/10
PPR via Email - Aug 4/10
PP w/ VISA - Aug 24/10
CommonLaw - London
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dpenabill View Drop Down
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Points: 6407 		Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 13 Dec 2010 at 11:11am
Actually an inland sponsored spouse PR applicant does NOT need to have valid status in order for their application to be processed.

(For one source of this, though there are many, see page 36 of the operational manual IP 8 "Spouse or Common-law Partner in Canada Class".)

The regulations technically say that valid status is required for eligibility but under the CIC's spousal policy this requirement is waived (unless . . . exceptions relate to other reasons like criminal inadmissibility, other violations of immigration laws, and such).

And, while technically an inland applicant who does not have valid status is subject to removal, in practice most partner sponsored inland applicants will be given a regulatory stay of removal or an administraive deferral of removal pending the processing of their PR application.

However, I believe (but do not recall the source of this info) that the applicant's original entry into Canada had to be with legal status.



Edited by dpenabill - 13 Dec 2010 at 11:11am
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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RobsLuv View Drop Down
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Points: 745 		Post Options Post Options   Thanks (0) Thanks(0)   Quote RobsLuv Quote  Post ReplyReply Direct Link To This Post Posted: 13 Dec 2010 at 1:37pm
Originally posted by koumail130 koumail130 wrote:

It is my story, I came to Canada with a visitor visa, and I hired a lawyer to prepare my inland sponsorship application (spousal). Everything was normal, but unfortunately my story ended with fraud. The lawyer was not submitting my application!! Today, my visa is expired and I am re-preparing my application by myself. From what I have red before I think I can submit my application even I am out-of status! But I need some help regarding what documents should be included in my application if I am living in Quebec?!

Thank you
So apply first to restore your status - it'll cost you $200 but at least you'll be in Canada with valid status.  I would be sure to include with the restoration application all documentation you have of having arranged with a lawyer to submit an inland PR sponsorship application, especially receipts for money paid (including the PR fees).  Send a cover letter explaining what happened.  Include proof of your valid marriage and proof that you are now submitting your own application for PR. 

I'm going to send you an email with an additional recommendation.
3/2007-applied
1/2008-Refused
12/2008-ADR failed
1/2010-Appeal allowed
4/2010-In Process(Again)
5/2010-request FBI/meds
8/2010-FBI recd
11/30/10-APPROVED!
1/31/11-LANDED!
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koumail130 View Drop Down
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Points: 4 		Post Options Post Options   Thanks (0) Thanks(0)   Quote koumail130 Quote  Post ReplyReply Direct Link To This Post Posted: 14 Dec 2010 at 9:45am
Hi all,

Hi RobsLuv,

I have all the documents and receipts from the lawyer, including the PR fees,
So How can I restore my status?

Thank You
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