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Clarification on the rules of implied status

gcad

Full Member
Feb 22, 2013
22
0
Hi,

My GF's Visa expires on the 15th of October. On the 3rd of September we applied for Bridging Open Work Permits (we have applied for PR). We could not apply earlier as you can only apply within 4 months of your visa expiring (and mine expires in december).

My understanding of implied status was that if we do not receive our new visas by the 15th of October, my GF will be on implied status and will not be able to leave the country. However, she has just returned from a short trip to the UK and was told at the Canadian border that her implied status would not be valid as she left the country "after applying for a visa extension", regardless of the fact that her current work permit is still valid for another month.

Can anyone shed any light on this? I have done my best with google, but cant find a definitive answer.

Edit: For reference, I have found this official looking document: cic.gc.ca/english/resources/manuals/op/op11-eng.pdf

To quote:
24. 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.
Still no clearer :(
Thanks