Do not apply for visitor record if you have implied status as a worker

[ishyfishy]

I've been told previously on this forum that it might be a good idea to apply for a visitor record (extension as a visitor) if I haven't received AOR yet (for PR + OWP) since if my application is returned after the expiry date of the current status I have, I will no longer be able to apply for an Open Work Permit.

I clarified with IRCC that applying for the visitor record will change your implied status to visitor instead if your current implied status is visitor.

If your application is returned after your current status expires, you have 90 days to apply for restoration of status instead.

 

[canuck78]

I've been told previously on this forum that it might be a good idea to apply for a visitor record (extension as a visitor) if I haven't received AOR yet (for PR + OWP) since if my application is returned after the expiry date of the current status I have, I will no longer be able to apply for an Open Work Permit.

I clarified with IRCC that applying for the visitor record will change your implied status to visitor instead if your current implied status is visitor.

If your application is returned after your current status expires, you have 90 days to apply for restoration of status instead.

If you want to get your OWP as fast as possible would recommend applying for the visitor status extension. If you are not in a rush to work then it’s not a big deal.

 

[ishyfishy]

If you want to get your OWP as fast as possible would recommend applying for the visitor status extension. If you are not in a rush to work then it’s not a big deal.

If I'm already on implied status as a worker (my current work permit expired and I've applied for OWP), then there is no reason to apply for a visitor status. That will actually make me lose my current implied status as a worker.

 

[canuck78]

What kind

If I'm already on implied status as a worker (my current work permit expired and I've applied for OWP), then there is no reason to apply for a visitor status. That will actually make me lose my current implied status as a worker.

What kind of WP did you have before applying for spousal sponsorship?

 

[ishyfishy]

What kind

What kind of WP did you have before applying for spousal sponsorship?

IEC Working Holiday

 

[scylla]

I've been told previously on this forum that it might be a good idea to apply for a visitor record (extension as a visitor) if I haven't received AOR yet (for PR + OWP) since if my application is returned after the expiry date of the current status I have, I will no longer be able to apply for an Open Work Permit.

I clarified with IRCC that applying for the visitor record will change your implied status to visitor instead if your current implied status is visitor.

If your application is returned after your current status expires, you have 90 days to apply for restoration of status instead.

FYI - The IRCC help desk are a bunch of tools. Take everything they say with a grain of salt. Wish I had a dollar each time I saw them give wrong adivce to someone on the forum...

 

[ishyfishy]

FYI - The IRCC help desk are a bunch of tools. Take everything they say with a grain of salt. Wish I had a dollar each time I saw them give wrong adivce to someone on the forum...

They seemed nice. But if there's any chance what they said is true, I'm hesitant to extend status as a visitor.

 

[screech339]

They seemed nice. But if there's any chance what they said is true, I'm hesitant to extend status as a visitor.

Correct me if I'm wrong, but IEC work visa are not extendable. Thus trchnical you should not be working after IEC expired date but since you submitted your OWP before IEC expires, you would have implied status as a visitor until OWP is approved.

 

[ishyfishy]

Correct me if I'm wrong, but IEC work visa are not extendable. Thus trchnical you should not be working after IEC expired date but since you submitted your OWP before IEC expires, you would have implied status as a visitor until OWP is approved. z

Incorrect, OWP is a completely separate permit, so I'm not technically "extending" the IEC work visa. I also called IRCC and confirmed with them and they said I can continue working

http://imgur.com/qzYTHKS

Also see https://www.canadavisa.com/canada-immigration-discussion-board/threads/ircc-has-finally-updated-on-the-iec-implied-status-debate.617584/

 

[scylla]

Incorrect, OWP is a completely separate permit, so I'm not technically "extending" the IEC work visa. I also called IRCC and confirmed with them and they said I can continue working

http://imgur.com/qzYTHKS

Also see https://www.canadavisa.com/canada-immigration-discussion-board/threads/ircc-has-finally-updated-on-the-iec-implied-status-debate.617584/

You are fine to keep working. IRCC updated their rules around a year ago around IECs and implied status.

 

[ishyfishy]

You are fine to keep working. IRCC updated their rules around a year ago around IECs and implied status.

Not gonna lie, I had a mini panic attack there.

 

[canuck_in_uk]

If I'm already on implied status as a worker (my current work permit expired and I've applied for OWP), then there is no reason to apply for a visitor status. That will actually make me lose my current implied status as a worker.

That Call Centre needs to be shut down. Like scylla said, a bunch of tools who provide wrong information. Submitting a second application does NOT in any way "change" a person's Implied Status or cause them to lose it. That is just complete BS.

If a person is ALREADY on Implied Status, there is zero point in submitting a visitor extension app. If the OWP app is returned, the person is out of status regardless of the visitor app, which would eventually be refused.

If a person is NOT on Implied Status, then there is definite benefit to applying for a visitor extension just in case, as status is maintained if the OWP app is returned, making it much easier to reapply.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

Note: If a second application for extension is submitted after the first application and the decision rendered on the first application was

• approved, then the new status applies.
• refused, and the original permit was still valid when the second application was received, then the applicant maintains their implied status until a decision is rendered on the second application, and the applicant is out of status as of the date of refusal on the second application.
• refused, and the original permit was expired when the second application was sent, then the applicant does not have implied status and is considered out of status. (As the applicant’s original permit was expired, they must apply for restoration. The second application was missing restoration fees and would be returned to the applicant for being incomplete)
• rejected for incompleteness, then the application is returned to the applicant. The application is considered to have never been received, no implied status is granted, and the applicant will be considered in status until the original temporary resident document expires.

 

[screech339]

You are fine to keep working. IRCC updated their rules around a year ago around IECs and implied status.

Thanks for letting me know. Glad to hear that they finally clarified this ongoing issue for a long time until last year.

Sorry ichyfishy for giving you a mini panic. I haven't been keeping up to date on all the new changes / development with IRCC.

 

[ishyfishy]

@canuck_in_uk I somehow trust you more than call centre agents.

If a person is ALREADY on Implied Status, there is zero point in submitting a visitor extension app. If the OWP app is returned, the person is out of status regardless of the visitor app, which would eventually be refused.

If I submit a visitor extension now, days before my expiry, and my OWP is returned after my expiry date, won't I be under implied status as a visitor instead of directly being out of status? Won't it mean I don't need to apply for restoration? Sorry if I'm missing something here.

 

[canuck_in_uk]

@canuck_in_uk I somehow trust you more than call centre agents.


If I submit a visitor extension now, days before my expiry, and my OWP is returned after my expiry date, won't I be under implied status as a visitor instead of directly being out of status? Won't it mean I don't need to apply for restoration? Sorry if I'm missing something here.

You said you are already on Implied Status, which means your previous status already expired. If that's true, no point in applying for an extension. If you are NOT on Implied Status, then the other condition applies:

Note: If a second application for extension is submitted after the first application and the decision rendered on the first application was

• refused, and the original permit was still valid when the second application was received, then the applicant maintains their implied status until a decision is rendered on the second application, and the applicant is out of status as of the date of refusal on the second application.