Can someone enlighten me on what "implied status" really means?

[Deutschbug]

Folks,

I'm confused. I have applied for PR (inland) and I'm currently working on a closed temporary work permit which is most likely going to expire before we get AIP. I have filed an application for an OWP together with the PR application.

Once my current closed TWP expires, will I be on implied status, or do I have to apply for a visitor record?

If I am indeed on implied status after applying for the OWP, what are my rights/obligations? Could I continue working for the same employer?

I was in the situation before that my TWP expired while my application for an extension was being processed, and while I just continued to work, I couldn't get paid during this period because my SIN was expired as well, and to renew your SIN you need your new work permit. I was then paid the accumulated lump sum after I had my new documents. I wonder, though, what would happen if someone works on implied status and their application is then rejected? Can this person not be paid? Not that I'm expecting this to happen, I was just generally wondering about this.

 

[missmymexi]

Yes you can continue to work on implied status, your SIN # will not change despite the Work permit expiring. I have had employees in the same situation, we were not able to offer medical benefits but we continued to pay his payroll and tax him during his 3 months of implied status.

 

[charmainefrances]

I was on the same situation before...

If I were you I will renew my work permit under my employer WHY?????

Here's what happened to me...

*Entered Canada in 2009 under Work permit
*Work permit expiration was June 2011
*Submitted Application for PR under Spousal Sponsorship November 2010
days, months passed.... my work permit expired ....I said to myself it's ok because I can continue working as long as I am under the same employer because I have an IMPLIED STATUS... so even if I have an expired SIN it's ok...
* come October 2011- VEGREVILLE transferred our file to EDMONTON without OWP and AIP
MEANING: long wait!!!!! and take note of the EXPIRED ALBERTA HEALTHCARD and expiring PASSPORT.

So, to make the long story short, I APPLIED for an LMO again and renewed my WORK PERMIT...(no need restoration of status for me because I have an Implied status..)
then I renewed my Alberta healthcard and then I renewed my passport.....


So think about it! This is just a suggestion... If you have a strong PR application and you are sure that you will be granted an OWP and AIP then good. no need to apply under employer.

But just to be on the safe side Apply under your employer...

 

[Harju]

"I couldn't get paid during this period because my SIN was expired as well, and to renew your SIN you need your new work permit. I was then paid the accumulated lump sum after I had my new documents. I wonder, though, what would happen if someone works on implied status and their application is then rejected? Can this person not be paid?"

I'm curious about not being paid while on implied status? When my spouse was on implied status, with her SIN expired, she worked, got paid, filed taxes and carried on as usual. She works for a large international company that employs lots of people on work-permits and sponsors under the PNP and is very familiar with the having foreign workers.
We also advised Alberta Health Care and they extended her coverage while she was under implied status (we sent in the WP application to them for evidence).

 

[Harju]

In my curiousity, I found this on Service Canada
http://www.servicecanada.gc.ca/eng/sin/employers/expiry.shtml

An expired SIN is still valid while under implied status and their is no reason an employer needs to stop paying an employee provided the employee can provide the employer proof on the pending application.

 

[apuello]

Hey Guys,

I need help here, I am in Canada since Oct-2011, my Visa expired on Oct-2012, the thing is that I applied for Permanent Residency from within Canada, what I need to know is:

Can I stay in Canada while I wait for the answer of my application?


Any thoughts?


Thanks,
Avel

 

[Leon]

I need help here, I am in Canada since Oct-2011, my Visa expired on Oct-2012, the thing is that I applied for Permanent Residency from within Canada, what I need to know is:

Can I stay in Canada while I wait for the answer of my application?

A PR application in itself does not give you implied status but applying for a work permit before your current work permit expires gives you implied status as a worker and allows you to continue working and if you were on a visit visa and have applied to extend, that gives you implied status as a visitor and allows you to continue to stay.

If you only applied for PR and nothing else, you are not under implied status. If your visa has expired, you have 3 months to either apply to restore your status or leave. Depending on which immigration class you applied under, leaving may affect your PR application so consider that before you decide what you want to do.

 

[QC_Student_PEQ]

A PR application in itself does not give you implied status but applying for a work permit before your current work permit expires gives you implied status as a worker and allows you to continue working and if you were on a visit visa and have applied to extend, that gives you implied status as a visitor and allows you to continue to stay.

If you only applied for PR and nothing else, you are not under implied status. If your visa has expired, you have 3 months to either apply to restore your status or leave. Depending on which immigration class you applied under, leaving may affect your PR application so consider that before you decide what you want to do.

Dear Mr.Leon

I am in a similar Situation. My QSW application is in process. (CSQ obtained thru Quebec Graduate PEQ) I will tomorrow reapply for extension of work permit, but I know i will be in implied status because my current work permit expires in 4 weeks. I had a plan to travel for the Christmas break. Now I hear that depending on the type of PR application it may affects the application. Please guide me with your knowledge.

 

[Leon]

You are still under status from your current valid permit so if you leave and come back while it is still valid, it should not be an issue. When your current permit expires, you will be under implied status for having applied to extend before your current permit expires. If you leave during this time, that is after your current permit expires and before you get the new one, you would lose your implied status and could not continue to work.

 

[QC_Student_PEQ]

You are still under status from your current valid permit so if you leave and come back while it is still valid, it should not be an issue. When your current permit expires, you will be under implied status for having applied to extend before your current permit expires. If you leave during this time, that is after your current permit expires and before you get the new one, you would lose your implied status and could not continue to work.

Thank you for the information Leon. They are very informative. I have an additional question.
1. If I traval while in implied status, does it matter for my on-going QSW application. It is near the final stage (I am waiting for PPR since few months ago). Also,
2. I am from South Korea. I assume since koreans could enter canada with no permit for limited months(6 maximum), traveling during implied status does no harm to me? (I plan to go home and re-enter when PPR request is sent to my email)

3. In fact if I am trying to do what I mentioned in Question2, assuming nothing goes wrong with my PR application, i don't even need to apply for visa extension?

Please let me know your thoughs!! Thanks!

 

[Leon]

1. I do not think that travelling will affect your QSW application but if you want to be sure, ask Quebec immigration about that.

2. If you travel after your work permit expires, that is on purely implied status, you lose your implied status so when you come back you can enter as a visitor but you can not work until your work permit has been renewed. Like I said before, if you travel while you are still on a valid work permit, before it expires and you are back before it expires, you resume your status on work permit and when it expires, you will be under implied status because you already applied to renew and can continue to work.

 

[denis_mtrl]

Hi,

Wonder why people say that PR application does not grant Implied status? How is it different from other Visa applications?

If I file PR sponsorship application and Visitor visa extension, can they reject the Visitor one?

Thanks!

 

[scylla]

Wonder why people say that PR application does not grant Implied status? How is it different from other Visa applications?

Not all PR applications grant implied status. For example, if you are in Canada as a visitor and submit an outland spousal application - no implied status.

 

[denis_mtrl]

Not all PR applications grant implied status. For example, if you are in Canada as a visitor and submit an outland spousal application - no implied status.

Thanks, but if I am IN Canada, as a visitor, and submit an INland spousal application?

 

[Umli3]

???
So can I apply visitor visa under the implied status, very confused.