Status question

[beast2000]

Brief Background:

I was on a work permit in Canada from Nov 1st 2012-November 1st 2014.

From Nov 2nd 2014 till i received AIP/COPR( for our INSIDE Canada Spousal Sponsorship Application) i was considered out of status/implied status.

I became a PR April 28th 2016


I intend on applying for Citizenship in early 2019.

On application i am given credit days from 4/28-14 till Nov 1st 2014 from work permit.
From November 2nd- till April 28th when i officially became a PR- i would be considered out of status, due to my paperwork being sent back to me 2 days before my work permit was set to expire. It was Inland Spousal Sponsorship Application.

I am not sure if those days get counted since i was out of status/implied status during this time frame. I have heard since it was an inland application, being out of status during this time frame did not hurt me, however technically i was implied while i waited a determination on that Application. ( Which was successful).

My question is. Should i count those days, or skip them?


I have intentionally waited longer for applying for Citizenship to counter those days of being out of status. I will be over 1,095 days minimum come last day of Feb 2019 ( still filed where i can get credit for those few months on a work permit, but not late enough that i lose those credited days)

I am just more wondering if i should count those days or skip them, as i am not sure if those implied days would be considered counted or be ignored as out of status( the implied counts would be given due to Inland Sponsorship application in waiting). My work permit expired November 1st 2014( the 1st that year was a Saturday). I received my application back on October 30th in the afternoon, updated 1 form, sent it back with fastest mail available) They received it back that Monday and signed off as received . This would mean i was out of status with no implied status over the weekend into Monday till it was signed). From that Monday Nov 3rd 2014- till day i became PR 4/28 2016 i would be implied status.

I just am unsure if that even matters for counting days as far as being countable towards credited days or not.

Thanks for listening to this convoluted mess.

 

[Joshua1]

From what I understand, implied status means you have not lost your status when you’re in ‘between’ status. I know that’s how it works for most types of work permits. I had implied status between being a student and post grad work permit holder and I no issues counting the half days towards my credit. While I’m not sure about spousal sponsorship application, I’d assume it’s no different.

 

[canuck_in_uk]

Brief Background:

I was on a work permit in Canada from Nov 1st 2012-November 1st 2014.

From Nov 2nd 2014 till i received AIP/COPR( for our INSIDE Canada Spousal Sponsorship Application) i was considered out of status/implied status.

I became a PR April 28th 2016


I intend on applying for Citizenship in early 2019.

On application i am given credit days from 4/28-14 till Nov 1st 2014 from work permit.
From November 2nd- till April 28th when i officially became a PR- i would be considered out of status, due to my paperwork being sent back to me 2 days before my work permit was set to expire. It was Inland Spousal Sponsorship Application.

I am not sure if those days get counted since i was out of status/implied status during this time frame. I have heard since it was an inland application, being out of status during this time frame did not hurt me, however technically i was implied while i waited a determination on that Application. ( Which was successful).

My question is. Should i count those days, or skip them?


I have intentionally waited longer for applying for Citizenship to counter those days of being out of status. I will be over 1,095 days minimum come last day of Feb 2019 ( still filed where i can get credit for those few months on a work permit, but not late enough that i lose those credited days)

I am just more wondering if i should count those days or skip them, as i am not sure if those implied days would be considered counted or be ignored as out of status( the implied counts would be given due to Inland Sponsorship application in waiting). My work permit expired November 1st 2014( the 1st that year was a Saturday). I received my application back on October 30th in the afternoon, updated 1 form, sent it back with fastest mail available) They received it back that Monday and signed off as received . This would mean i was out of status with no implied status over the weekend into Monday till it was signed). From that Monday Nov 3rd 2014- till day i became PR 4/28 2016 i would be implied status.

I just am unsure if that even matters for counting days as far as being countable towards credited days or not.

Thanks for listening to this convoluted mess.

You had no Implied Status from submitting the PR app. The OWP app submitted along with the inland PR app is what grants Implied Status. You can't be out of status for the weekend and then get Implied Status; once status is lost, a person must apply for Restoration to legalize their status once again.

Did you apply for an OWP along with the inland app and did you receive it?

 

[beast2000]

The issue is 2 part:
First i will answer your question directly Cannuck_in_uk

.
No one can seem to answer my question:

The issue is 2 part:

Yes, i applied with an OWP. You have to realize at this time, it was before inland applicants were able to get OWP at the time they applied( used to be you had to wait till the second stage). I never had to reapply for a restoration of status, because of the 2 part issue I am about to go into detail of.
I was on a 2 year Closed Work Permit. that permit expired on November 1st, 2014. I had filed my inland spousal sponsorship application with OWP earlier in the year. It just happened to be, they returned my application for the entire package just before that work permit expired. This is why i indicated I had no status for 2 days. The closed work permit expired on me. ( Had that NOT HAPPENED) My implied would have enabled me to continue to work on that closed work permit, thanks to the OWP being included in my Inland sponsorship application.

You see this is where things get weird and unique for inland spousal sponsorship applicants. YOU CAN BE OUT OF STATUS but are still considered implied status. This simply means if the only shortcoming you have as an inland spousal sponsorship applicant is going out of status, you will not be removed or asked to restore your status, as u have an application pending. This in essence in that terminology means you are implied, but without status, until they have made a determination. So this is where I get I was out of status outright, but then a few days later use the terminology implied/out of status. Back in 2015, you still had to wait till the Second Stage to get the OWP(nowadays they give it to you at First Stage). So basically once u get it, you are basically like 50 days or so away from being full-blown PR when u get OWP. they almost come at the same time back then, making it almost irrelevant but for a few weeks head start.
So the question remains, as an inland spousal applicant, out of status/implied status gets kinda grey from normal another application status. I became a PR April 28th, 2016 once my application was approved for Spousal Sponsorship Approval( Inland).
My question still remains unanswered as far as whether legally I can get credit for that time period as 1/2 days served towards Citizenship. When I say credit. I simply mean the out of status/ period from November 1st, 2014 to May of 2016 when I passed the second stage of processing and was able to have OWP, just prior to April 28th, 2016, when I became a PR. It is that time period that I need to figure out! Do I receive no credit, or can get credit???

It doesn't break me, as I have always assumed it wouldn't because implied/out the status burden of proof causes too much headache, and I preferred to just wait because every day as a PR there is no questioning that credit. The reason I wanted to know, is because as part of the application, I will have to identify periods of time, so I felt it a good idea to understand whats creditable vs what is not, and in my case, I am not sure. Either way, I achieve my proper days by the good of over 100 days of the min requirements anyways.

 

[canuck_in_uk]

You have some misunderstandings.

Yes i applied with an OWP. You have to realize at this time, it was before inland applicants were able to get OWP at time they applied( used to be you had to wait till second stage).

Inland applicants could always apply for the OWP along with the inland PR app, even before the pilot program. The OWP was not issued until after AIP but could still be submitted with the PR app and still gave Implied Status.

You see this is where things get weird and unique for inland spousal sponsorship applicants. YOU CAN BE OUT OF STATUS but are still considered implied status. This simply means if the only short coming you have as an inland spousal sponsorship applicant is going out of status, you will not be removed, or asked to restore your status, as u have an application pending. This in essence in that terminology means you are implied, but without status, until they have made a determination.

There is no unique Implied Status for inland spousal applicants. Implied Status is only granted when a person applies to extend their temporary residency (worker, student, visitor) prior to their current status expiring. A spousal sponsorship app doesn't require a person to have valid status but that does not in any way grant a person status, Implied or otherwise. The person is still in Canada illegally.

My question still remains unanswered as far as whether legally I can get credit for that time period as 1/2 days served towards Citizenship. When I say credit. I simply mean the out of status/ period from November 1st, 2014 to May of 2016 when I passed the second stage of processing and was able to have OWP, just prior to April 28th, 2016, when I became a PR. It is that time period that I need to figure out! Do I receive no credit, or can get credit???

No one can really give you an answer for sure. IRCC used to state on their website that they went by the postdate when the app was mailed, not when it was actually received. That means that if you mailed the app back to IRCC Oct 30th or 31st, you never lost status and your time would therefore count for citizenship. However, that wording disappeared from the IRCC website several years ago, so if they considered the received date instead of the postdate, then you were out of status that entire time and it won't count for citizenship.

Up to you if you want to try it and apply or just wait until you know for sure.

 

[beast2000]

To all of your points. You bang on. to the last bit of advice. I am taking the road of PR days served. The last thing i want to do is get knee jerkhappy, and take the risk of wether i was or was not. Every day as PR counts. Patience is my friend. End of Feb 2019 is when i will be 100 days over the min amount, and should serve as more than acceptable. You do not go this far and become impatient.

I appreciate the time you have taken to answer my questions. You been valuable.

 

[canuck_in_uk]

To all of your points. You bang on. to the last bit of advice. I am taking the road of PR days served. The last thing i want to do is get knee jerkhappy, and take the risk of wether i was or was not. Every day as PR counts. Patience is my friend. End of Feb 2019 is when i will be 100 days over the min amount, and should serve as more than acceptable. You do not go this far and become impatient.

I appreciate the time you have taken to answer my questions. You been valuable.

I'm not sure where you get February from. If IRCC considered you out of status, you will only qualify 3 years from the date of becoming a PR. If you are going by OWP date, note that when a person is out of status, IRCC does still issue the OWP after AIP but it doesn't actually legalize a person's stay. They are still considered to be out of status until becoming a PR.