Implied status

[MIMImaz]

Hello All,

We got married in Ontario on 5th August, 2018 we are waiting for our marriage certificate to process PR application. We are planning to submit PR and OWP once we get the marriage certificate. My husband is a Canadian citizen but I am under visitors visa which will expire in December. Do I have to apply for a visitor visa extension?
please guide do we have to apply for extension along with the PR and OWP or can we do it while we wait for the marriage certificate and please guide where should I apply for an extension

Thanks All!
mim

 

[russ6970]

I would say you would have to apply for extension.

 

[kcward7]

Hello All,

We got married in Ontario on 5th August, 2018 we are waiting for our marriage certificate to process PR application. We are planning to submit PR and OWP once we get the marriage certificate. My husband is a Canadian citizen but I am under visitors visa which will expire in December. Do I have to apply for a visitor visa extension?
please guide do we have to apply for extension along with the PR and OWP or can we do it while we wait for the marriage certificate and please guide where should I apply for an extension

Thanks All!
mim

Do it while you wait. Marriage certs tend to take a while, and if for any reason you submit your application and it's sent back once your visitor is expired, you will be out of status. Better safe than sorry in this situation.

 

[np08]

Also note that only the OWP application gives you implied status - if your OWP application were to be returned for whatever reason (most common one being wrong fees so make sure to pay $255, not $155) your implied status would end leaving you out of status and then you wouldn't be able to get a work permit until almost the end of the whole process.

 

[monkeys89]

You must be in status when you apply for the OWP, and until you are confident that the OWP application will not be returned to you because of an error, you must stay in status.

Applying for a visitor visa extension is around $100; it's probably worth it for you to not be nervous about implied status or overstaying.

 

[MIMImaz]

Thanks for the suggestion.
But the problem is for applying for the extension of visitor visa they are asking for a marriage certificate.

If I submit the marriage solemnization letter is there the possibility of them denying the extension?

 

[Jazzercise]

Hmm. This is a good question I might need an answer to for myself. I'm a US citizen here officially as a visitor since mid June. My wife (Canadian citizen) and I are going to file for PR-inland very soon, and we'll attach a OWP application as well. I understand that submitting the OWP gives me implied status, but similar to OP, I'm now wondering if it's too risky to assume all will be well with my OWP and PR applications. My fear is that something will cause them to send the applications back, which will in turn leave me in jeopardy of going out of status. Obviously, I'm looking to avoid this situation because it would leave everything a hot mess. If anyone has good advice, I'm all ears. Thanks!

 

[monkeys89]

Hmm. This is a good question I might need an answer to for myself. I'm a US citizen here officially as a visitor since mid June. My wife (Canadian citizen) and I are going to file for PR-inland very soon, and we'll attach a OWP application as well. I understand that submitting the OWP gives me implied status, but similar to OP, I'm now wondering if it's too risky to assume all will be well with my OWP and PR applications. My fear is that something will cause them to send the applications back, which will in turn leave me in jeopardy of going out of status. Obviously, I'm looking to avoid this situation because it would leave everything a hot mess. If anyone has good advice, I'm all ears. Thanks!

If that's your fear, apply for the extension of your TRV!

 

[Jazzercise]

If that's your fear, apply for the extension of your TRV!

Well now I'm all mixed up and more worried! I'm mostly concerned the applications will be sent back on some technicality (i.e. I missed a signature) and not for other reasons, haha.

 

[monkeys89]

Well now I'm all mixed up and more worried! I'm mostly concerned the applications will be sent back on some technicality (i.e. I missed a signature) and not for other reasons, haha.

Yes, well that's something to be worried about - because if you're out of status when they come back, you no longer have implied status, and are not eligible for an OWP.

 

[np08]

Hmm. This is a good question I might need an answer to for myself. I'm a US citizen here officially as a visitor since mid June. My wife (Canadian citizen) and I are going to file for PR-inland very soon, and we'll attach a OWP application as well. I understand that submitting the OWP gives me implied status, but similar to OP, I'm now wondering if it's too risky to assume all will be well with my OWP and PR applications. My fear is that something will cause them to send the applications back, which will in turn leave me in jeopardy of going out of status. Obviously, I'm looking to avoid this situation because it would leave everything a hot mess. If anyone has good advice, I'm all ears. Thanks!

You can always apply for an extension for a peace of mind.

Your current visitor status will expire mid December. OWP applications are usually returned within about a month or a month and a half, if they are. It takes about three to four months to get the actual OWP.

OWP applications are usually returned due to:

• Incorrectly filled form/leaving stuff empty/generally mistakes with the form itself
• Missing signature
• Incorrectly paid fee

The last one is the big one and I'd guess 95% of applications are returned due to this. The instructions for paying the fee are a bit unclear and the options can be confusing so might as well take note of it now:

There are two separate fees to be paid (or rather combined into the singular OWP fee): one is $155 and the other $100, making the total out to be $255. Most people only pay the first one, leaving them $100 short and having their application returned.

As a side note, how come you're not applying outland? Americans are in that special position where their outland applications tend to be processed very quickly (we've seen a lot of them processed in under 6 months) as opposed to waiting a year for an inland application so most of them apply outland.

 

[Jazzercise]

You can always apply for an extension for a peace of mind.

Your current visitor status will expire mid December. OWP applications are usually returned within about a month or a month and a half, if they are. It takes about three to four months to get the actual OWP.

OWP applications are usually returned due to:

• Incorrectly filled form/leaving stuff empty/generally mistakes with the form itself
• Missing signature
• Incorrectly paid fee

The last one is the big one and I'd guess 95% of applications are returned due to this. The instructions for paying the fee are a bit unclear and the options can be confusing so might as well take note of it now:

There are two separate fees to be paid (or rather combined into the singular OWP fee): one is $155 and the other $100, making the total out to be $255. Most people only pay the first one, leaving them $100 short and having their application returned.

As a side note, how come you're not applying outland? Americans are in that special position where their outland applications tend to be processed very quickly (we've seen a lot of them processed in under 6 months) as opposed to waiting a year for an inland application so most of them apply outland.

Yup, if I've learned anything from this message board, it's that I have to throw down $255 for OWP. This I will never forget.

To answer your very good question: My spouse and I simply don't want to live apart anymore. Additionally, it's easier for me to be here in Canada with her for a host of reasons, including helping her raise her child. (A brief background to my application is given in the thread I've linked at the end of this post.) That said, we did check out processing timelines and there appeared to be no difference between inland and outland. So, given what we were seeing on the IRCC website and our particular wishes/needs, we opted for inland. But now that you're telling me they're pumping Americans' outland applications through... something to think about and maybe have a tough conversation about. Thanks for the info.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/us-to-canada-spouse-sponsor-inland.585665/

 

[np08]

Yup, if I've learned anything from this message board, it's that I have to throw down $255 for OWP. This I will never forget.

To answer your very good question: My spouse and I simply don't want to live apart anymore. Additionally, it's easier for me to be here in Canada with her for a host of reasons, including helping her raise her child. (A brief background to my application is given in the thread I've linked at the end of this post.) That said, we did check out processing timelines and there appeared to be no difference between inland and outland. So, given what we were seeing on the IRCC website and our particular wishes/needs, we opted for inland. But now that you're telling me they're pumping Americans' outland applications through... something to think about and maybe have a tough conversation about. Thanks for the info.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/us-to-canada-spouse-sponsor-inland.585665/

Americans have always had faster processing times, but it's understandable you guys want to be together.

Anyway, like I said, the vast majority of OWP applications are returned due to fee issues. Given that you're applying with your PR application, errors on the form itself are unlikely (since you'll be checking all the forms a dozen times and comparing the info on them and all that), just make sure you sign all the forms.

I personally didn't apply for an extension. My status expired two and a half months after applying and I got my OWP a month after that. I figured that the application would have already been returned if it was going to and ended up being right. I also wasn't in a situation where I absolutely needed to work during the application process, so not being able to get the OWP wouldn't have been a big blow for me.

But, like I said, it's $100 for a peace of mind and you can apply up until the day your status expires so you have time to weigh your options and decide.

 

[Jazzercise]

Americans have always had faster processing times, but it's understandable you guys want to be together.

Anyway, like I said, the vast majority of OWP applications are returned due to fee issues. Given that you're applying with your PR application, errors on the form itself are unlikely (since you'll be checking all the forms a dozen times and comparing the info on them and all that), just make sure you sign all the forms.

I personally didn't apply for an extension. My status expired two and a half months after applying and I got my OWP a month after that. I figured that the application would have already been returned if it was going to and ended up being right. I also wasn't in a situation where I absolutely needed to work during the application process, so not being able to get the OWP wouldn't have been a big blow for me.

But, like I said, it's $100 for a peace of mind and you can apply up until the day your status expires so you have time to weigh your options and decide.

Yeah, assuming I get these applications in a week or so, my expiration will be not too far off from when yours expired... But I'm pretty cautious, so I might just look to extend my status a month or so in advance. Thanks again for the tips.

 

[1887CAN]

I’m one of the people that did the visitor status extension just to be safe. It took a few extra hours of forms being filled in and $100, but the peace of mind was worth it for me. Just in case.

I had to re-do a few forms since I first stated the application, all for mistakes that would have been picked up at the initial assessment and resulted in the application being returned. You sometimes spend so long looking at the same forms, that they look correct, but you’ve missed something simple.

As I’d missed some things before, I thought there’s a chance my wife and I could’ve done so with our final application package. The visitor extension provided that safety net in case we did mess something up.

In the end, the OWP was approved a little under 3 months after receipt. IRCC is still processing visitor extensions they received in May this year, so it takes a while to get through the volume they receive. I don’t think they even processed mine, there was no need to as my OWP was approved earlier than expected. But I think the time and effort, and $100, was worth it. Just in case.