Can I send off Inland application and OWP whilst on implied status?

[squall_liam]

My situation in a nutshell: I was here for six months and my wife is pregnant, and we had so much going on, that we didn't quite have everything ready to send off our Inland Application within the six month time frame. I applied to extend my visitor visa so I am currently on Implied Status. If I send my Inland Application and my OWP off now, and I still considered in status? Or am I supposed to wait for approval on my visitor extension first? I do not know what to write on the questions that asks for the expiry of my current documents. When I click Validate it says "Can not be a date in the past" (basically). Do I write a letter of explanation along with my application, stating that I am currently on implied status? And once they receive my OWP, surely my implied status will continue?

Has anybody else been in this situation and can clarify? Thanks

 

[squall_liam]

Does anybody at all happen to know the answer to this? :S

 

[squall_liam]

Nobody?

 

[squall_liam]

Okay well I'll tell you what I did, and maybe SOMEBODY who was in the same situation could enlighten me. I simply wrote a letter of explanation, stating that I extended my status and am awaiting a reply. I included the transaction receipt and my reference number. I don't see what else I can do, I just want to know where this puts me legally. Once I send my application off with my OWP, am I on implied status no matter what?

 

[squall_liam]

It would appear no other soul has been in my situation :/ I just don't know what to put on the forms that ask when my status ends since I'm here on implied status. I don't know where I stand, and it won't let me put a past date in! I'm here legally but .. AHHH!!! Nobody!?!?

 

[screech339]

The reason you are not getting a response is because no on has the answer to your unique problem. You sent in an application to extend your visitor status and thus awaiting an answer on status request. Now you are sending another change to your status before your first request has been determined.

That's the unique problem. Will your OWP application be rejected on account that you can't send 2 different applications. Will CIC reject OWP and only accept the visitor extension since it was submitted first? I cannot say one way or another.

I cannot give any advice one way or another since I haven't seen any examples posted by others like yours.

 

[scylla]

If your extension is refused, CIC will treat you as someone who applied for PR while out of status and you won't benefit from the OWP pilot - and will have to wait much much longer (until AIP) before the OWP is issued. So you're taking a risk by submitting the inland application before you know the outcome of the extension. Ultimately your choice.

On the form, you need to write when your permit/visa expired and then add a note to explain that you have applied for an extension.

 

[screech339]

This is strictly a suggestion here if I were in your situation.

I would send in inland application without OWP. Once I get an extension of visitor status approved and granted, I then apply for OWP.

That's the best idea I can come up with considering that you are awaiting status decision on your extension. It is a risk to take but it minimizes the risk. By sending your OWP with PR application, you run the risk of OWP being rejected on account that you already submitted the status change request. You are in effect trying to change your status again while a decision is in process. They may not accept your OWP application until your visitor extension is approved first. Notice that I said MAY. I cannot say for sure if it will turn out the way you expect.

I haven't had any chance of coming across anyone that tried to change their status again while their original status application is still in process.

 

[squall_liam]

Ah man.. I feel like I'm screwed in this situation. Perhaps applying Outland would be better? By the time I get the work permit, an outland application might be completed? I just don't want to be split up from my wife and future child. Wow.

 

[screech339]

Worst come to worst, since you already submitted extension, with my suggestion being followed and your visitor extension got denied, you can then apply for status of restoration.

Since you submitted your extension before submitting PR application, if a denial to extension was made, it may be because you didn't have a good reason to convince CIC to let you
stay longer at the time (no PR application was submitted).

Now you do have reason to stay longer because of inland process requires you to remain in Canada. You can apply to have your status restored on account of PR inland papers submitted if your visitor extension got denied. If extension is granted, you can then apply for OWP immediately after.

 

[squall_liam]

Do CIC generally know what they're talking about when you phone them? The Lady on the phone told me it is fine to send off my OWP and Inland residency at the same time ... but honestly.. she didn't sound sure..

 

[screech339]

Do CIC generally know what they're talking about when you phone them? The Lady on the phone told me it is fine to send off my OWP and Inland residency at the same time ... but honestly.. she didn't sound sure..

Of course CIC call agents will tell you that it is normal to send OWP and Inland application same time. That is how it is normally done and that is what I expected from them to tell you. What they don't know (they usually reply based on what's pulled up on the computer screen) is that you have already submitted the request to extend visitor status and now awaiting decision on that application before you are submitting inland application.

 

[squall_liam]

I explained my situation to her and she still seemed to think it would be fine. But I guess time will tell. Perhaps I should just write a letter of explanation with the OWP also?

 

[screech339]

I explained my situation to her and she still seemed to think it would be fine. But I guess time will tell. Perhaps I should just write a letter of explanation with the OWP also?

I don't think there is any harm in submitting an OWP with the PR application. Just be aware that there may be a slight possibility that OWP be rejected due to two change of status applications being submitted same time and they may only accept the first application and not the second.

If they do accept the OWP application, a plus for you. If they don't accept OWP application, then try again when visitor extension is approved.