Implied status questions

[Jodilibra]

We have an application for spousal sponsorship (inland) with OWP. I am sponsor and my common law partner is applicant.

A couple questions. He is here on a TWP (LMIA) that expires in the middle of March. We submitted PR application on Nov 14 and are expecting NOR any day now.... but I’m paranoid there might be a delay or I missed something, etc

My questions are: I am aware that once we receive our NOR he is then in ‘implied status‘ and so if for some reason the OWP doesn’t get approved/mailed before his LMIA permit expires he can still work under the status he entered Canada with (temporary resident with closed work permit (LMIA).
My question is, do we need to have any extra paperwork for this?
For example, we plan on travelling to NYC for the weekend at the end of March (his TWP will have expired) and so upon our return will they accept his expired TWP and the NOR email if that’s all we have at the time? I’m assuming we have enough time for the OWP with the timelines lately but you never know.

 

[canuck_in_uk]

We have an application for spousal sponsorship (inland) with OWP. I am sponsor and my common law partner is applicant.

A couple questions. He is here on a TWP (LMIA) that expires in the middle of March. We submitted PR application on Nov 14 and are expecting NOR any day now.... but I’m paranoid there might be a delay or I missed something, etc

My questions are: I am aware that once we receive our NOR he is then in ‘implied status‘ and so if for some reason the OWP doesn’t get approved/mailed before his LMIA permit expires he can still work under the status he entered Canada with (temporary resident with closed work permit (LMIA).
My question is, do we need to have any extra paperwork for this?
For example, we plan on travelling to NYC for the weekend at the end of March (his TWP will have expired) and so upon our return will they accept his expired TWP and the NOR email if that’s all we have at the time? I’m assuming we have enough time for the OWP with the timelines lately but you never know.

It's AOR = Acknowledgement of Receipt.

AOR has nothing to do with status, Implied or otherwise. He has valid status as a worker until his current permit expires in March. If he hasn't received the OWP before that, he will have Implied Status as of that expiry date in March.

If he leaves on Implied Status, he will re-enter as a visitor and will not be allowed to work until the OWP is approved.

Chances of being refused re-entry are very low but no one can guarantee he will be allowed back in.

 

[Jodilibra]

Ok, thank you- just to clarify, he can continue to work even though his LMIA work permit has expired? But he just can’t leave Canada or he then loses his status?

 

[k.h.p.]

Ok, thank you- just to clarify, he can continue to work even though his LMIA work permit has expired? But he just can’t leave Canada or he then loses his status?

He can work until either (a) he leaves the country, as the implied status would expire, or (b) the package is returned as incomplete and you lose implied status.

If you get an OWP, he can continue working.

Be aware that some employers don't know what implied status means and may have issues with him continuing to work.

 

[canuck_in_uk]

Ok, thank you- just to clarify, he can continue to work even though his LMIA work permit has expired? But he just can’t leave Canada or he then loses his status?

Correct.