Can spouse leave country while I am on Implied status?

[kunishsa]

Hi All

I am working here on Implied status. My current work permit has been expired on 14th Sep, 2012. My employer has submitted for my work permit extension 2 days before my work permit expiry. My wife also has got her visa until 14th Sep, 2012. I had checked the online processing times in CIC and it says 102 days for processing work permit extension of same employer. In between, If I want to send my wife for a vacation to my home country (India), would she be able to re-enter Canada? What happens to her Open work permit which my employer has applied along with my application? Please give me the leads as she might need to travel in next 1-1.5 months for sure. I am totally confused now as to send her or not.

Thanks in advance.

Regards,
Kunishsa

 

[PMM]

Hi

Hi All

I am working here on Implied status. My current work permit has been expired on 14th Sep, 2012. My employer has submitted for my work permit extension 2 days before my work permit expiry. My wife also has got her visa until 14th Sep, 2012. I had checked the online processing times in CIC and it says 102 days for processing work permit extension of same employer. In between, If I want to send my wife for a vacation to my home country (India), would she be able to re-enter Canada? What happens to her Open work permit which my employer has applied along with my application? Please give me the leads as she might need to travel in next 1-1.5 months for sure. I am totally confused now as to send her or not.

Thanks in advance.

Regards,
Kunishsa

As soon as she departs Canada her "implied status ends" To return to Canada she would need a valid TRV and would have to apply for a new open work permit.

 

[kunishsa]

Thanks a lot for your reply PMM.

One more doubt, Her "Open work permit" application is already in process. So I might receive it from my employer even if she is not here. Can't she get her TRV in my home country and travel with this work permit, if I courier her work permit to my home country?

 

[amit0907]

Here is what the operational bulletin states:

Implied status
(Replaces OB 092 – January 15, 2009)
A temporary resident must apply to extend their period of authorized stay before it ends. If they
have done so, their period of authorized stay as a temporary resident is extended by law until a
decision is made [R183(5)]. Such a person is considered to have implied status as a temporary
resident during that period.
If a temporary resident applies for renewal of their work or study permit and their permit expires
before a decision is made, R186(u) and R189 (the right to continue working or studying under the
same conditions pending a determination of their application for renewal) apply only as long as
the person remains in Canada.
A temporary resident with implied status who has left Canada may:
• be allowed to re-enter Canada as a temporary resident, pending a decision on the renewal of
their application to study or work in Canada, provided they are TRV exempt as per R190 or on
a multiple-entry visa. They may not resume work or study in Canada until their application for
renewal has been granted. For those not able to resume work, they must satisfy the BSO that
they have sufficient means of support. (Note that this applies to foreign nationals who are
TRV exempt as per R190(3)(f) and to those on multiple-entry visas.)
• be allowed to apply for a new work or study permit at the port of entry provided they have a
right to do so under the Regulations.

 

[kunishsa]

Thanks a lot Amit.