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Permanent Residency Application returned while on Implied Status

Kmess

Newbie
Sep 24, 2017
2
0
My boyfriend was on implied status while his permanent residency application was sent in. The application got returned yesterday for a missing form. We are ready to send it back now. Where does that put him now for work? Does he have to stop working immediately? Is their a grace period before he has to stop? Can we send the application back and he can stay on implied status?
I can't find too much only and have heard a few different answers. Anyone been through something similar?

Thank you!
 

scylla

VIP Member
Jun 8, 2010
95,835
22,107
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
He's out of status now in Canada and must stop working immediately.

In addition to re-submitting the PR sponsorship application, you must also apply to restore his status in Canada (apply to restore his status to visitor).

Include an open work permit along with the inland sponsorship application. Once his restoration application is approved, CIC should then approve his OWP application.

You should assume it will be at least four months before he will be able to start working again.
 

scylla

VIP Member
Jun 8, 2010
95,835
22,107
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
And no - there is absolutely no grace period when it comes to work. He has to stop now.
 

Kmess

Newbie
Sep 24, 2017
2
0
He's out of status now in Canada and must stop working immediately.

In addition to re-submitting the PR sponsorship application, you must also apply to restore his status in Canada (apply to restore his status to visitor).

Include an open work permit along with the inland sponsorship application. Once his restoration application is approved, CIC should then approve his OWP application.

You should assume it will be at least four months before he will be able to start working again.
Thank you very much for your response! That helps us very much and confirms what I assumed.
Thank you for your time!
 

scylla

VIP Member
Jun 8, 2010
95,835
22,107
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I would recommend you move over to the Family Sponsorship section of the forum if you have additional questions. There are a handful of people there who have ended up in similar situations to you and are now going through the restoration process.
 
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EconomicRefugee

Full Member
Oct 8, 2018
27
7
He's out of status now in Canada and must stop working immediately.

In addition to re-submitting the PR sponsorship application, you must also apply to restore his status in Canada (apply to restore his status to visitor).

Include an open work permit along with the inland sponsorship application. Once his restoration application is approved, CIC should then approve his OWP application.

You should assume it will be at least four months before he will be able to start working again.

Hi guys. I hope everything worked out for you and your boyfriend kmess. I’m currently in the same position as your boyfriend. I’m on implied status. I have all my documents and will soon submit my PR application. I made a paper application. In addition to receipts, proof of postal delivery, should I also include my application form as proof of implied status?

I’d appreciate your help.
 

vensak

VIP Member
Jul 14, 2016
3,868
1,016
124
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
Hi guys. I hope everything worked out for you and your boyfriend kmess. I’m currently in the same position as your boyfriend. I’m on implied status. I have all my documents and will soon submit my PR application. I made a paper application. In addition to receipts, proof of postal delivery, should I also include my application form as proof of implied status?

I’d appreciate your help.
You can only be on implied status if you already applied for something (any type of TRV visa). There are also types of TRV visas that cannot be used for implied status - for example working holiday program).

So if you say you are on implied status, what did you apply for (as from your post you did not apply for PR yet).
 

EconomicRefugee

Full Member
Oct 8, 2018
27
7
You can only be on implied status if you already applied for something (any type of TRV visa). There are also types of TRV visas that cannot be used for implied status - for example working holiday program).

So if you say you are on implied status, what did you apply for (as from your post you did not apply for PR yet).

I applied for an extension of my PGWP. I know it may not be renewable but I wanted the opportunity to submit while in Canada. So I’m my FSWP EE application I will obviously nee to provide proof that I submitted my paper application. I haven’t gotten any receipt acknowledgment. In addition to the receipts, delivery notice etc, should I also include the application form that I mailed as proof that I applied?
 

vensak

VIP Member
Jul 14, 2016
3,868
1,016
124
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
I applied for an extension of my PGWP. I know it may not be renewable but I wanted the opportunity to submit while in Canada. So I’m my FSWP EE application I will obviously nee to provide proof that I submitted my paper application. I haven’t gotten any receipt acknowledgment. In addition to the receipts, delivery notice etc, should I also include the application form that I mailed as proof that I applied?
is your original work permit already expired?
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
I applied for an extension of my PGWP. I know it may not be renewable but I wanted the opportunity to submit while in Canada. So I’m my FSWP EE application I will obviously nee to provide proof that I submitted my paper application. I haven’t gotten any receipt acknowledgment. In addition to the receipts, delivery notice etc, should I also include the application form that I mailed as proof that I applied?
Note that if yoi are still working, you are working illegally, as there is no PGWP extension. As you submitted an incomplete application, expect it to be rejected as such, leaving you out of status as of your PGWP expiry. Expect this to cause huge problems for your EE app, as you will likely be left with no status and no option for Restoration.
 

EconomicRefugee

Full Member
Oct 8, 2018
27
7
is your original work permit already expired?
Hi. Yes it’s expired now. Permit expired Nov 1. Applied PGWP extension by paper was delivered Oct 29. Received Invitation to apply Oct 29. Applied for bridging permit Oct 31. Applied PR Nov 25.

What would be my best option?
 

vensak

VIP Member
Jul 14, 2016
3,868
1,016
124
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
Hi. Yes it’s expired now. Permit expired Nov 1. Applied PGWP extension by paper was delivered Oct 29. Received Invitation to apply Oct 29. Applied for bridging permit Oct 31. Applied PR Nov 25.

What would be my best option?
You have a problem there. In order to apply for BOWP you must have a PR application running already. However that was not your case (as you first have applied for the BOWP and only after that for PR itself.
So what will happen now.
Your first application (for PGWP extention) will be rejected (the only way how to get extention is if you had too short passport validity so not full PGWP was approved because of that). Your second application will be rejected as well, because at 31. October you did not fullfill criteria for BOWP.
So as a result you will be forced to stop working, the moment you get first rejection. If you want to stay in Canada, you will have to restore your visitor status.
 

EconomicRefugee

Full Member
Oct 8, 2018
27
7
You have a problem there. In order to apply for BOWP you must have a PR application running already. However that was not your case (as you first have applied for the BOWP and only after that for PR itself.
So what will happen now.
Your first application (for PGWP extention) will be rejected (the only way how to get extention is if you had too short passport validity so not full PGWP was approved because of that). Your second application will be rejected as well, because at 31. October you did not fullfill criteria for BOWP.
So as a result you will be forced to stop working, the moment you get first rejection. If you want to stay in Canada, you will have to restore your visitor status.
Hi. I got my BOWP!
 

Island_vibes

Hero Member
Oct 22, 2018
358
92
Hi. I got my BOWP!
Hi Dear, I'm in exactly the same position as you. I have to submit my BOWP before I submit my PR application. Did you apply for BOWP on paper ? Did you send a copy of your ITA and submit a letter of explanation? Did you submit the AOR letter? Please help ! Thank you!
 

EconomicRefugee

Full Member
Oct 8, 2018
27
7
Hi. Please know that I took a great gamble and i wouldn’t advise taking risks based on my outcome, if you still can; explore other options.

I submitted a BOWP application with my ITA a day before my PGWP expired. I did so because all my documents were ready but my (non accompanying) spouse’s weren’t - police certificates. I included a LOE explaining that I didn’t want to submit an incomplete and rushed application but showed proof that I’d paid for the missing documents. I clearly stated that once everything was ready I’d submit; which I did after 3 weeks.
I believe getting the BOWP hinges strongly on having submitted a complete application (from what I’ve been made to understand even if you submit BOWP application with your AOR and an incomplete application, you can be declined). Once I had my AOR I submitted it with another LOE via web form. If you inevitably find yourself in the same situation submit LOEs to make a clear case, submit a COMPLETE PR application and also be prepared for all possible outcomes.

That being said it was a very stressful time for me (longest 117 days of my life) my faith was tested and I thank God it worked out. Best wishes to you!