Can someone please please please clear this up for us?

[LittleMermaid]

Help MUCH appreciated, I'm having trouble figuring this all out.

I've been in Canada as a visitor from Oct 2011 to Feb 28th 2012. I had applied for my Working Holiday Visa and it was Feb 28th 2012 when this one year period began. My husband and I married in August 2012, and our application for INLAND Spousal Sponsorship was mailed in November 2012 and we got confirmation they had "opened" our file in January 2013 for processing. We also sent an Open Work Permit along with the sponsorship application.

My question is - my Working Holiday Visa expired yesterday. My intention was to apply for a second go on the Working Holiday Visa but so far the first two phases have opened and closed without us managing to snag a place due to website difficulties. We are going to try again on the 7th, when the last round is open. I already registered for a Kompass account and all my information is submitted, I just need to be able to press the "submit" button which will not appear til the last round is open.

Now that my working holiday visa has expired as of yesterday, do I have implied status due to my spousal sponsorship application with Open Work Permit inclusion? Or am I illegally in Canada right now? Do I need to switch my status to Visitor manually, even though I have an application being processed? Am I right in thinking I can no longer work, but I am permitted to stay in Canada?

I feel like I know a lot of information but I'm not 100% clear on it all, so forgive me if I sound stupid.

Any help is much appreciated, you have no idea how anxious I am feeling right now

 

[darwinwap]

Hi, Its a good thing you sent an open work permit application with your inland sponsorship. This means you do have implied status. Since you submitted the application November 2012, you should be receiving AIP email and the open work permit soon. Here's an email from CIC to give you peace of mind,



Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:


Open Work Permit – Sponsorship of a Spouse or Common-Law Partner in Canada

If a spouse or common-law partner is sponsored from inside Canada, they can apply for an open work permit by completing an Application to Change Conditions or Extend Your Stay in Canada as a Worker (IMM 5553). This application must be sent before their status expires in the same envelope as the sponsorship application. This will allow them to keep a legal status in Canada up until the time their application for permanent residence is *approved in principle.

If their status expires before the application for permanent residence is approved in principle, they will still have a legal status in Canada. This is called implied status. Please note that the open work permit will only be issued once the application for permanent residence is approved in principle. Visit our Web site to see how long it may take to get approval in principle.

If the sponsored person did not send an open work permit application with their permanent residence application, they can send it, by mail, at any time while it is in process by writing Open Work Permit - Application for permanent residence in Canada - Spouse or common-law partner on the top of the form. They should also include proof that the permanent residence application was submitted. The open work permit application cannot be submitted online.

Please note that they must keep a legal status in Canada during the entire process of their application for permanent residence.

*Approved in principle means that the person being sponsored received a letter from the Case Processing Centre or local office stating that they meet the eligibility (minimum) requirements to apply for permanent resident status but that a final decision will not be made until all requirements for becoming a permanent resident have been met. These requirements include medical, security and background checks for the applicant and, if applicable, their family members.

 

[LittleMermaid]

Thank you so, so much for replying!

I cannot tell you the relief you've given me.

So - apologies for my lack of knowledge - this means I was correct? I am unable to work now my Working Holiday is expired but I am entitled to stay in Canada?

 

[Gary_87]

Thank you so, so much for replying!

I cannot tell you the relief you've given me.

So - apologies for my lack of knowledge - this means I was correct? I am unable to work now my Working Holiday is expired but I am entitled to stay in Canada?

Yes that is correct. Id save myself the hassel of going through an iec process on the 7h too and just wait for the regular open work permit after stage 1. It'll be done in a couple more months. Otherwise you'll pay for a years visa, work a couple months of it thrn you'll have to change it again.

 

[darwinwap]

Thank you so, so much for replying!

I cannot tell you the relief you've given me.

So - apologies for my lack of knowledge - this means I was correct? I am unable to work now my Working Holiday is expired but I am entitled to stay in Canada?

You're welcome. Yes you are here legally, You can even print the acknowledgement of receipt if you want to be holding a document proving you are on implied status.

 

[gsize]

Thank you so, so much for replying!

I cannot tell you the relief you've given me.

So - apologies for my lack of knowledge - this means I was correct? I am unable to work now my Working Holiday is expired but I am entitled to stay in Canada?

welcome to the rollercoaster ! ???

 

[LittleMermaid]

Thank you again Gary_87.

I must say, for a reasonably intelligent young woman I do seem to have difficulty deciphering the fact from the fiction and sometimes I want to smack my head against a brick wall!

So if I did get a place on the IEC 2013, I would have to alter my status once again in a few months when I received the OWP? Is that what you're saying?

Again, forgive me please my stupidity. I feel so silly asking all these questions but I guess that's what the forum is for!

 

[gsize]

there are no stupid questions. I have a degree in Psychology and find it very confusing as well ! 8)

 

[LittleMermaid]

Haha, thank you gsize you just made smile for the first time since I woke up super paranoid this morning!

 

[QuebecOkie]

I must say, for a reasonably intelligent young woman I do seem to have difficulty deciphering the fact from the fiction and sometimes I want to smack my head against a brick wall!

I just giggled reading this. I'm pretty bright, but I feel like the second I start dealing with this immigration stuff, my IQ drops about 40 points.

 

[darwinwap]

there are no stupid questions. I have a degree in Psychology and find it very confusing as well ! 8)

Do fishes drink ?

Where do you get the seed to plant seedless grapes?

lol

 

[LittleMermaid]

Glad to make somebody giggle

I joined this forum a while back before we applied for PR and I'm definitely going to be using it more from now on. My friends/family/colleagues just don't get how stressful it is even if they are trying to be empathetic.

 

[gsize]

lol....so true ! Just think of it as a dysfunctional famly. There will ups and downs 8)

Hey things could be worse.....as I watch CNN I just see that an American in Florida was just eaten up by a sinkhole from his bedroom !

 

[LittleMermaid]

We just called CIC and we got FANTASTIC news

I have to go to Service Canada to get my SIN updated...but as far as she's concerned, I have implied status and can therefore work under the same employer until everything goes through.

I clarified with her everything she said and I also made it clear I was originally on a Working Holiday Visa...I am elated!

Please nobody tell me she was wrong, haha...

 

[QuebecOkie]

Just don't call back and ask again, haha. The only consistency from CIC is that they're consistently inconsistent. YAY for a good answer, now run with it!