Implied Status with Open Work Permit/Spousal Sponsorship PR Application

[Underhill]

Hoping to find a definitive answer to this question.

Does the Inland PA - who is a first time work permit applicant - have implied status with their OWP application submitted with their Spousal Sponsorship PR application?

I've read here numerous times that the answer is 'yes', but I have been unable to confirm this.

I reached out to a Canadian immigration lawyer/acquaintance who said "Yes. As long as the OWP and PR application remains in process".

Numerous inquiries to CBSA resulted in these responses: 1) "Yes", 2) "No", 3) "It's up to whichever agent is addressing the matter".

I called IRCC and the representative told me "I don't know".

Exhaustive searching on Canada.ca government web site has returned no clear answer.

I realize it is prudent to not rely on implied status while waiting for a PR application to process, and that obtaining a Visitor Record is safest route, but the OWP/Implied Status statement has been stated here many dozens of times, and I'm just not sure if it's at all correct.

If anyone here is sure the answer is 'yes' could you provide a link to an official document/web page showing this?

Genuinely appreciate whatever pertinent information could be shared to finally nail this one down!

 

[InternationalBelle29]

Hi. Hopefully this link has all the information you need:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

 

[Underhill]

Hi. Hopefully this link has all the information you need:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

Thanks for the link. While this is good info, it doesn't explicitly describe the implied status of a first time OWP/Spousal Sponsorship applicant.

Best I can tell is that type of implied status doesn't actually exist, but *can* exist depending on the Canadian official you're dealing with - they see no red flags when dealing with you, sure, "Implied Status On". Don't like the cut of your jib? "You have no status and I'm kicking you out of the country..."

Ah, MLM governmental bureaucracy...

 

[Diegof09]

Hoping to find a definitive answer to this question.

Does the Inland PA - who is a first time work permit applicant - have implied status with their OWP application submitted with their Spousal Sponsorship PR application?

I've read here numerous times that the answer is 'yes', but I have been unable to confirm this.

I reached out to a Canadian immigration lawyer/acquaintance who said "Yes. As long as the OWP and PR application remains in process".

Numerous inquiries to CBSA resulted in these responses: 1) "Yes", 2) "No", 3) "It's up to whichever agent is addressing the matter".

I called IRCC and the representative told me "I don't know".

Exhaustive searching on Canada.ca government web site has returned no clear answer.

I realize it is prudent to not rely on implied status while waiting for a PR application to process, and that obtaining a Visitor Record is safest route, but the OWP/Implied Status statement has been stated here many dozens of times, and I'm just not sure if it's at all correct.

If anyone here is sure the answer is 'yes' could you provide a link to an official document/web page showing this?

Genuinely appreciate whatever pertinent information could be shared to finally nail this one down!

I’m sponsoring my wife, she is a first time OWP!

i asked our lawyer about this and he said that once I submitted the application with the OWP and her visitor visa expired she would fall into implied status!

 

[armoured]

Thanks for the link. While this is good info, it doesn't explicitly describe the implied status of a first time OWP/Spousal Sponsorship applicant.

Best I can tell is that type of implied status doesn't actually exist, but *can* exist depending on the Canadian official you're dealing with - they see no red flags when dealing with you, sure, "Implied Status On". Don't like the cut of your jib? "You have no status and I'm kicking you out of the country..."

Ah, MLM governmental bureaucracy...

I don't understand your complaint. It exists by law. For a certain period, under certain conditions. The fact you got contradictory answers (possibly die to confusion on details) doesn't change that. It exists.

 

[frange]

Implied status is a so called « Intermediate status» which prevent you from removal while having an on going application with a legal status. You keep your previous status until a decision is made. You should be at a legal status at the time they receive the application.

 

[Underhill]

I don't understand your complaint. It exists by law. For a certain period, under certain conditions. The fact you got contradictory answers (possibly die to confusion on details) doesn't change that. It exists.

Not at all a complaint - well, my snarky comment regarding bureaucracy wasn't aimed at Canada per se, just governmental bureaucracy in general. So, there's that.

As far as implied status being automatically granted under the conditions in my first post, if you're saying it's law, where can I find that law?

I don't mean to challenge you - I genuinely hope you're right - it's just that on my last (land) border crossing in late February this year a CBSA officer asked me how long I'd been in Canada prior to this same-day turn around. I told him just over 6 months, but that I had a current spousal sponsorship/OWP application in process, and that I understood the OWP gave me implied status during that previous 6 months. He said it absolutely did not, and that I had overstayed my 6 month visitor status (I'm a US citizen, so no passport stamp or formal visa document required), and that it was well within his authority to A) Jail me, or B) kick me out of Canada right then and there. Fortunately a Superintendent intervened and smoothed things over and they let me in.

Would have been handy to have a link or printout of whatever law/ordinance/rule that grants implied status to first time Spousal Sponsorship/OWP applicants to show him.

 

[Underhill]

I’m sponsoring my wife, she is a first time OWP!

i asked our lawyer about this and he said that once I submitted the application with the OWP and her visitor visa expired she would fall into implied status!

I was recently told by a CBSA officer that implied status through an OWP application applied ONLY to OWP applicants renewing an existing, valid OWP. New OWP applicants were afforded NO implied status whatsoever.

I'm flummoxed...

 

[Underhill]

Implied status is a so called « Intermediate status» which prevent you from removal while having an on going application with a legal status. You keep your previous status until a decision is made. You should be at a legal status at the time they receive the application.

Thanks for the reply.

I haven't been able to find anything that officially supports this, but I certainly hope you're right - on behalf of a good many applicants.

 

[Figuringthingsout]

Hi, I'm searching for the answer to your exact question myself, also inclined to say Yes but haven't been able to find the actually document.
I have another question that's kind of related hoping someone can help me out:
I'm a US national and after the visa-exempt 6 month period being in Canada, I have been maintaining my status in Canada by applying for extensions, so far I've had to apply for 2 and they were both approved, my latest temporary residence permit expires at the end of this month, which is less than 30 days from now... if I apply for OWP along with my in-land common-law PR application, will I get implied status for legally staying in Canada? Or will I need to apply for a separate temporary residence permit while the PR application is being processed? In addition, is the 30 day cut off going to be a problem? I've read that I'm supposed to apply for extension AT LEAST 30 days before the current status expires.

Thank you

 

[Underhill]

Hi, I'm searching for the answer to your exact question myself, also inclined to say Yes but haven't been able to find the actually document.
I have another question that's kind of related hoping someone can help me out:
I'm a US national and after the visa-exempt 6 month period being in Canada, I have been maintaining my status in Canada by applying for extensions, so far I've had to apply for 2 and they were both approved, my latest temporary residence permit expires at the end of this month, which is less than 30 days from now... if I apply for OWP along with my in-land common-law PR application, will I get implied status for legally staying in Canada? Or will I need to apply for a separate temporary residence permit while the PR application is being processed? In addition, is the 30 day cut off going to be a problem? I've read that I'm supposed to apply for extension AT LEAST 30 days before the current status expires.

Thank you

If I were you I'd reapply for a visitor extension right now. You have a good track record with them, so it's highly unlikely they'll refuse your request because it's a week later than they recommend.

 

[armoured]

As far as implied status being automatically granted under the conditions in my first post, if you're saying it's law, where can I find that law?

The link above states "If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]." The link therein is to the law (in French for some reason, but it's numbered, so you can find.

I don't mean to challenge you - I genuinely hope you're right - it's just that on my last (land) border crossing in late February this year a CBSA officer asked me how long I'd been in Canada prior to this same-day turn around. I told him just over 6 months, but that I had a current spousal sponsorship/OWP application in process, and that I understood the OWP gave me implied status during that previous 6 months. He said it absolutely did not, and that I had overstayed my 6 month visitor status (I'm a US citizen, so no passport stamp or formal visa document required), and that it was well within his authority to A) Jail me, or B) kick me out of Canada right then and there. Fortunately a Superintendent intervened and smoothed things over and they let me in.

What did the superintendent say when they intervened? If you didn't hear, it's possible they were simply not embarrassing the other officer. Frankly the simple answer is quite possibly that the other officer did not know; note also the language of the document linked - it's now called 'maintained status'.

That said, the details of the rest of that policy are rather complex so I'm not comfortable saying exactly whether it applies in a specific case. (I'm just not an expert)

Would have been handy to have a link or printout of whatever law/ordinance/rule that grants implied status to first time Spousal Sponsorship/OWP applicants to show him.

That link and the relevant sections of the law should be what you'd need.

 

[armoured]

Or will I need to apply for a separate temporary residence permit while the PR application is being processed? In addition, is the 30 day cut off going to be a problem? I've read that I'm supposed to apply for extension AT LEAST 30 days before the current status expires.

My understanding is that the 30 days is a recommendation, not a hard and fast requirement. And the recommendation to apply for a separate trp is so that in the event that the PR application is returned (i.e. because there is an error in filling it out or important docs not included, or something as simple as not signing where required) that the individual does not end up (inadvertently) out of status. (Which I think can mean retroactively out of status, adding additional complications)

Hope this helps but usual caveat, not a lawyer or expert.

 

[Figuringthingsout]

If I were you I'd reapply for a visitor extension right now. You have a good track record with them, so it's highly unlikely they'll refuse your request because it's a week later than they recommend.

Thank you, so you'd apply for the TRV regardless of if an OWP is submitted with the PR just to be on the safe side?

 

[Diegof09]

I was recently told by a CBSA officer that implied status through an OWP application applied ONLY to OWP applicants renewing an existing, valid OWP. New OWP applicants were afforded NO implied status whatsoever.

I'm flummoxed...

That’s what my lawyer told me, and he is known for being one of the best in the city! So I trust him!