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****October 2018**** INLAND SPOUSE SPONSORSHIP

Mark Robinson

Star Member
Oct 21, 2018
71
57
Are you saying that if anyone who is on an implied status as a temporary resident and subsequently sent in owp application under family sponsor is or would still be considered in status and still be eligible for owp or not?
 

melito

Champion Member
Jul 28, 2017
1,012
550
Montreal
Category........
QSW
Visa Office......
CPC-Ottawa
App. Filed.......
23-12-2016
AOR Received.
27-02-2017
Med's Request
05-04-2017
Med's Done....
08-04-2017
Passport Req..
09-02-2018
VISA ISSUED...
15-05-2018
LANDED..........
17-05-2018
Excuse me but I wanted to know where you get this information from. IRCC states on its website this:

" Yes. You can stay in Canada, and may be able to keep working, under what's called implied status. That means the law implies you are a temporary resident. The implied status lasts until we decide on your new permit application. However, you must respect the following requirements:

If you applied for another work permit

You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until we decide on your application unless you have applied to extend your stay under another category.

If you applied for a different kind of permit

You cannot do any of the activities allowed by the original work permit. For example, you may have come to Canada as a worker and then applied for a study permit. If so, you must stop working once your work permit expires. After that, you cannot work or study until you get a new permit."
Source:
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=188&top=17

Unless I misunderstood what you are trying to say, you are NOT able to contiue studying/working under implied status if you apply for a different permit.
 
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barsarah

Hero Member
Oct 3, 2018
390
660
Vancouver, BC
Category........
FAM
Visa Office......
Mississauga, ON
App. Filed.......
12-09-2018
AOR Received.
11-10-2018
Med's Request
06-12-2018
Med's Done....
06-12-2018
Interview........
06-06-2019
LANDED..........
06-06-2019
Excuse me but I wanted to know where you get this information from. IRCC states on its website this:

" Yes. You can stay in Canada, and may be able to keep working, under what's called implied status. That means the law implies you are a temporary resident. The implied status lasts until we decide on your new permit application. However, you must respect the following requirements:

If you applied for another work permit

You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until we decide on your application unless you have applied to extend your stay under another category.

If you applied for a different kind of permit

You cannot do any of the activities allowed by the original work permit. For example, you may have come to Canada as a worker and then applied for a study permit. If so, you must stop working once your work permit expires. After that, you cannot work or study until you get a new permit."
Source:
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=188&top=17

Unless I misunderstood what you are trying to say, you are NOT able to contiue studying/working under implied status if you apply for a different permit.
What it means is that if you previously had an Open Work Permit and applied for PR + OWP before the expiry date of your previous (or current if it hasn't expired yet), then you can still continue to work under the same condition after the expiry. However, since most applicants had different types of permits (e.g study permit) other than OWP, you cannot work until you get your OWP because it is a different type of permit and the conditions would not meet. Implied status is given to those who applied for a status restoration or an extension of the same permit.

If you applied for PR and OWP after the expiry of your previous status, you don't get implied status because you are applying for a new permit. However, you are allowed to stay in Canada during the spousal sponsorship process but cannot work or study.
 
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melito

Champion Member
Jul 28, 2017
1,012
550
Montreal
Category........
QSW
Visa Office......
CPC-Ottawa
App. Filed.......
23-12-2016
AOR Received.
27-02-2017
Med's Request
05-04-2017
Med's Done....
08-04-2017
Passport Req..
09-02-2018
VISA ISSUED...
15-05-2018
LANDED..........
17-05-2018
What it means is that if you previously had an Open Work Permit and applied for PR + OWP before the expiry date of your previous (or current if it hasn't expired yet), then you can still continue to work under the same condition after the expiry. However, since most applicants had different types of permits (e.g study permit) other than OWP, you cannot work until you get your OWP because it is a different type of permit and the conditions would not meet. Implied status is given to those who applied for a status restoration or an extension of the same permit.

If you applied for PR and OWP after the expiry of your previous status, you don't get implied status because you are applying for a new permit. However, you are allowed to stay in Canada during the spousal sponsorship process but cannot work or study.
Thanks, that is what I understand as well. However @efraimlopez is saying that merely applying for an OWP before the loss of your temporary resident status (no matter what it was) gives you implied status. So I am wondering where he or she gets this information. I quote him again below:

if your application for OWP was received on Day T, and on Day T your temporary resident status was S (tourist/student/worker/stc), then you will keep that status (implied) until a decision is made with respect to your OWP application.

Note that an application for PR would not give you an implied status. an OWP application will.
 

melito

Champion Member
Jul 28, 2017
1,012
550
Montreal
Category........
QSW
Visa Office......
CPC-Ottawa
App. Filed.......
23-12-2016
AOR Received.
27-02-2017
Med's Request
05-04-2017
Med's Done....
08-04-2017
Passport Req..
09-02-2018
VISA ISSUED...
15-05-2018
LANDED..........
17-05-2018
My comment is merely with respect to the fact that you will still have legal status. Of course, if you hold a study permit and apply for an OWP you cannot work until you a positive decision has been made with respect to your OWP application, and if your study permit expires I assume you can't continue studying either (unless you applied for a new study permit and a decision has not been made yet). However, for immigration purposes, you can stil remain/stay legally in Canada, and this is known as implied status.
OK, thanks for clearing that up.
 

Mark Robinson

Star Member
Oct 21, 2018
71
57
if your application for OWP was received on Day T, and on Day T your temporary resident status was S (tourist/student/worker/stc), then you will keep that status (implied) until a decision is made with respect to your OWP application.

Note that an application for PR would not give you an implied status. an OWP application will.

THANKS.
I WOULD LIKE TO ASK YOU THIS, I HAVE A FRIEND WHO APPLIED FOR STUDY PERMIT EXTENSION AND SUBMITTED A WEEK BEFORE THE ORIGINAL STUDY PERMIT EXPIRED (10/07/2018). HE IS CURRENTLY ON AN IMPLIED STATUS AS HIS APPLICATION IS STILL IN PROCESS. HE NOW SUBMITTED PR & OWP APPLICATION IN (18/11/2018). IN COURSE OF HIM WAITING AS AN IMPLIED STATUS, WOULD HE STILL BE ENTITLED TO OWP WHICH HE SUBMITTED ON THE 18/11/2018 BEING AN IMPLIED STATUS APPLICANT.
 
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Exploriel

Member
Nov 26, 2018
17
13
Hi guys, apart from @AndHern15 has anyone OWP been approved? I’m November applicant and would like to know how y’all process is going. Cheers :)
September applicants with AOR in October are getting their permits out now. So hopefully we'll start getting ours through soon. I assume delays over the Xmas and stuff is why they seem to have slowed down a bit
 

karennnnc

Newbie
Nov 2, 2018
8
7
Hi guys. They received my app on Oct 17 and I got AOR on Nov 2. I saw some people who got AOR later than me were getting Medical Request yesterday already. I didn’t get any AOR yet. I’m kinda worried now. Is it normal for people to have different timeline at this stage? Do you think it is because the officer who take charge of my case is on vacation or something wrong with my app?
 
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Sky.ay

Full Member
Sep 21, 2017
23
20
Victoria
Hi guys. I sent my app on Oct 17 and got AOR Nov 2. I saw some people who got AOR later than me are getting Medical Request yesterday already. I didn’t get any AOR yet. I’m kinda worried now. Is it normal for people to have different timeline at this stage? Do you think it because the staff who take charge of my case is on vacation or something wrong with my app?
Have you tried to link your account to GCkey? Some people never get AOR for some reason apparently. Some of my friends didn't get AOR either but they cluld link their account by using their UCI number. Amd yes people have different timeline depending on their case. You should be fine though.