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Applying, implied and coming back

nicknick

Newbie
Oct 3, 2011
8
0
Hey all

I'm sure this has been answered before, but reading through all the forums and threads you kinda get confused at various answers, and nothing is specific to your own case - so apologies if it has (please let me have links).

I've currently got a work visa but want to apply for my permanent residence through the CEC class. I've been working here for 18+ months and meet all the requirements (ok cool).
When I apply I get implied status (correct?)
Now if I leave my job, and leave the country, do I then loose my implied status (I think I do)?
Will my application still be applicable after I leave the country (I think it will be)?
And then I have to wait for the outcome of the application. If it comes through then I can re-enter Canada?

I also have a common-law-partner who is also going to apply with me, but I'm pretty sure that she follows the same rules as I.

Lots of "I think's" in there, so any confirmation light you can spread would be appreciated!

Thanks everything in advance

Nick
 

whymeee

Hero Member
Apr 10, 2013
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nicknick said:
When I apply I get implied status (correct?)
Apply for what? CEC? Applying for permanent residence doesn't change your status in the country. If you applied for a work/study/visitor permit renewal, then yes, in that case you would get implied status.

Now if I leave my job, and leave the country, do I then loose my implied status (I think I do)?
You would lose implied status if you left Canada while your permit was being processed.

Will my application still be applicable after I leave the country (I think it will be)?
Absolutely! :) You don't have to be in the country while your application is in process. Just make sure to update your mailing address either on CIC's website or by calling them.

And then I have to wait for the outcome of the application. If it comes through then I can re-enter Canada?
You got it.
 

Ottawa10

Star Member
Aug 24, 2011
169
1
If you are planning on leaving the country while your CEC application is in process, make sure you indicate appropriate visa office on your application as well as your mailing address.

In order for you to get an implied status, you have to have an application to extended your work visa in place prior to expiry of your current work permit, or apply for your visitor visa. Should you decide to leave the country while you are on implied status, you will lose your status.

Once you submit your CEC application and your application is intact, you will receive APR (takes about 6-8 wks as of today). IF at this point, your work-permit is still valid, you may be eligible to apply for open work permit without LMO. There are few other criteria that you have to meet. So you should check this out.
 

nicknick

Newbie
Oct 3, 2011
8
0
Thanks both

When I apply I get implied status (correct?)
Apply for what? CEC? Applying for permanent residence doesn't change your status in the country. If you applied for a work/study/visitor permit renewal, then yes, in that case you would get implied status.
Sorry, I meant apply to become a permanent residence (PR) under the CEC.

If I apply for PR while my Work Visa is still valid (which is will be), and then subsequently leave the country and leave my job (thus loosing my work visa), I am guessing I just need to wait for the PR application to come through (or not) before re-entering the country. If my PR is successful then I can come back into Canada as a PR, and take things from there.

The main worry was basically applying for PR (through CEC) while I had a job, then leaving the job / country, and ensuring the PR application was still applicable.
 

honeysingh

Hero Member
Feb 20, 2013
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nicknick said:
Thanks both

Sorry, I meant apply to become a permanent residence (PR) under the CEC.

If I apply for PR while my Work Visa is still valid (which is will be), and then subsequently leave the country and leave my job (thus loosing my work visa),
If you are on a closed work permit, Then yes you will loose the status if you Choose to leave the job and country.... If you are on a open work permit, then it dosent matter if you leave the job,, go back to your country and come back at any time(if the open work permit is still valid)....

I am guessing I just need to wait for the PR application to come through (or not) before re-entering the country. If my PR is successful then I can come back into Canada as a PR, and take things from there.
Exactly


The main worry was basically applying for PR (through CEC) while I had a job, then leaving the job / country, and ensuring the PR application was still applicable.

You can even apply for CEC even from your home country,,,, just need to make sure that you have gathered all the necessary documentation before you leave........You dont have to be in country before you apply......
 

jes_ON

VIP Member
Jun 22, 2009
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Category........
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App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
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Passport Req..
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VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
nicknick said:
I've currently got a work visa but want to apply for my permanent residence through the CEC class. I've been working here for 18+ months and meet all the requirements (ok cool).

When I apply I get implied status (correct?)
No, implied status refers to the time between the expiry of your old work permit and receipt of the new work permit, providing that you apply for a new work permit BEFORE the old one expires. Applying for permanent residence (CEC) does not have any bearing on your work permit, and will not give you implied status.

Applying for CEC does give you the opportunity to apply for a Bridging Open Work Permit, which you can apply for after you receive your AOR. To be eligible for the BOWP, you must be in Canada and your existing work permit must be expiring within 4 months. Once you receive the BOWP, tho, there would be no restrictions on travel...


Now if I leave my job, and leave the country, do I then loose my implied status (I think I do)?
If you actually are on implied status (as defined above), then yes, you lose implied status. But leaving the country has no impact on your CEC application.

And then I have to wait for the outcome of the application. If it comes through then I can re-enter Canada?
Once you are approved, then yes, you can re-enter Canada.