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Advice about submitting PR/OWP on implied status

kuriositty

Full Member
Mar 4, 2015
32
0
Alberta
Category........
Visa Office......
CPC Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
April 21, 2015
AOR Received.
June 13, 2015 [OWP 7/15/2015]
Med's Request
May 5, 2016
Med's Done....
May 19, 2016
Just a few questions I have that I would like cleared up.

I am American and my boyfriend, now husband, is Canadian. We're living in Ontario.
I applied for a visitors extension on Jan. 4/5 2015 and my 6 months were up on Feb. 22/23 2015. I know I have implied status until a decision is made. We got married on Feb. 23 2015 and decided to apply for an inland PR. We have almost everything done, we're just waiting on my FBI check.
Now if we submit the PR with the OWP before the decision is made about my visitor extension will I still have implied status with the PR application because I submited it before a decision was made?
Or should I wait until there is a final decision before submitting the PR and OWP app?
If my extension is denied what is the shortest amount of time I have to be back in America before returning to Canada?
Is there anymore advice or suggestions anyone can give?

Thank you to anyone in advance for taking the time to help me.
 

rhcohen2014

VIP Member
Apr 6, 2014
4,935
185
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
March 17, 2014
Doc's Request.
April 11, 2014
AOR Received.
May 8, 2014
File Transfer...
May 9, 2014
Med's Request
upfront
Med's Done....
Nov 15, 2013
Interview........
waived
Passport Req..
July 15, 2014
VISA ISSUED...
July 25, 2014/ received August 1, 2014
LANDED..........
August 29, 2014
in order to apply inland (which is certainly NOT recommended for US applicants), you must reside in canada during the entire processing. if for some reason your extension is denied (which is very rare) and you have to leave canada, you MUST apply outland - which is actually the recommended way to apply for PR by CIC.

an outland applicant can be IN canada as a visitor, worker or student when an outland application is processing, and they can use a canadian mailing address in their application

it is still yet to be proven that inland applicants who applied for pr and the OWP pilot program will actually receive their OWP in "4 months" from the date the application was delivered. no one knows yet if the 4 months starts from the date it was delivered or the date CIC acknowledges receipt of the application. those are very different timelines.

i would highly consider NOT applying inland (and if you plan to go back and forth between us and canada - you are not eligible to apply inland). You really want to be applying outland. while ottawa has slowed down a bit since the holidays, the process is still much faster than inland. plus, processing times go up and down throughout the year, so there's a chance things will speed up for US applicants soon.
 

kuriositty

Full Member
Mar 4, 2015
32
0
Alberta
Category........
Visa Office......
CPC Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
April 21, 2015
AOR Received.
June 13, 2015 [OWP 7/15/2015]
Med's Request
May 5, 2016
Med's Done....
May 19, 2016
I understand that, however, I would like to remain here and be working. I have no intensions of going back and forth from Canada to the US unless I'm denied my extension. I have pondered on whether to apply inland or outland, but I want to be legally working here and inland is the only way that I'll be able to do that. Unless you know of an easy way to get a work permit here I'd gladly consider outland.
 

rhcohen2014

VIP Member
Apr 6, 2014
4,935
185
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
March 17, 2014
Doc's Request.
April 11, 2014
AOR Received.
May 8, 2014
File Transfer...
May 9, 2014
Med's Request
upfront
Med's Done....
Nov 15, 2013
Interview........
waived
Passport Req..
July 15, 2014
VISA ISSUED...
July 25, 2014/ received August 1, 2014
LANDED..........
August 29, 2014
kuriositty said:
I understand that, however, I would like to remain here and be working. I have no intensions of going back and forth from Canada to the US unless I'm denied my extension. I have pondered on whether to apply inland or outland, but I want to be legally working here and inland is the only way that I'll be able to do that. Unless you know of an easy way to get a work permit here I'd gladly consider outland.
again, please read my post above. there is still NO proof it will ONLY take 4 months to get an OWP with the new pilot program. until that is consistently proven, it is still recommended to apply outland. there is a big chance that a person would be totally approved as pr as an outland applicant (and legally allowed to work) in the same amount of time (or quicker) than actually receiving the OWP through the pilot program. obviously it's your choice. i just highly recommend reconsidering or waiting a month or 2 to see how the pilot program pans out for applicants after December 22. It is still too early to know what to expect.

you can also work remotely for a US employer while in canada as a visitor. as long as you don't have canadian clients, you are fine.
 

Rob_TO

VIP Member
Nov 7, 2012
11,426
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
kuriositty said:
I understand that, however, I would like to remain here and be working. I have no intensions of going back and forth from Canada to the US unless I'm denied my extension. I have pondered on whether to apply inland or outland, but I want to be legally working here and inland is the only way that I'll be able to do that. Unless you know of an easy way to get a work permit here I'd gladly consider outland.
Even with an inland app, you won't get your OWP until minimum of 4 months later, possibly longer. Then you are waiting 2 more years to get your PR.

With an outland application you could have your entire PR done in 6-8 months or so, often even quicker.

For the sake of a possible couple extra months working time, outland is usually the much better choice for Americans looking at the big picture. If eventual Canadian citizenship is important to you, or even being able to go on a vacation outside Canada, how quickly you can get PR status should also be a key factor here, and not just being able to work