Getting Married - Questions

[bluediam]

If I recall, the language is passive ("You may be able to continue working"), because it is NOT an absolute! If it were, it would say "You will be able to continue working".

Good luck!

If you applied for another work permit

You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until CIC decides on your application unless you have applied to extend your stay under another category.
If you applied for a different kind of permit

You cannot do any of the activities allowed by the original work permit. For example, you may have come to Canada as a worker and then applied for a study permit. If so, you must stop working once your work permit expires. After that, you cannot work or study until you get a new permit.

cic.gc.ca/english/helpcentre/answer.asp?q=188&t=17

 

[rhcohen2014]

If you applied for another work permit

You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until CIC decides on your application unless you have applied to extend your stay under another category.
If you applied for a different kind of permit

You cannot do any of the activities allowed by the original work permit. For example, you may have come to Canada as a worker and then applied for a study permit. If so, you must stop working once your work permit expires. After that, you cannot work or study until you get a new permit.

cic.gc.ca/english/helpcentre/answer.asp?q=188&t=17

this is the grey area ponga is referring to. TECHNICALLY, PR applicants are NOT applying for an extension of their current work permit, they are applying for a completely different work permit, which is the OWP permit for pr applicants living in canada. The PR OWP will have different conditions than the one you currently have. what you quoted isn't proving your point exactly. don't waste your time on lawyers either, they aren't going to necessarily give you the right answer. there are many people who receive really bad info from attorneys.

there's only 3 things to do, continue to work and *hope* CIC doesn't consider you working illegally, which can prohibit you for being approved for an OWP per the pilot program OR cease working and wait for the OWP to be issued OR don't even bother with inland and apply outland. you are far more likely to be able to legally work as an outland app quicker than if you applied inland. there's no guarantee it will take 4 months to actually receive the OWP. We have yet to see that proven, and we won't until at least mid-march.

 

[bluediam]

this is the grey area ponga is referring to. TECHNICALLY, PR applicants are NOT applying for an extension of their current work permit, they are applying for a completely different work permit, which is the OWP permit for pr applicants living in canada. The PR OWP will have different conditions than the one you currently have. what you quoted isn't proving your point exactly. don't waste your time on lawyers either, they aren't going to necessarily give you the right answer. there are many people who receive really bad info from attorneys.

there's only 3 things to do, continue to work and *hope* CIC doesn't consider you working illegally, which can prohibit you for being approved for an OWP per the pilot program OR cease working and wait for the OWP to be issued OR don't even bother with inland and apply outland. you are far more likely to be able to legally work as an outland app quicker than if you applied inland. there's no guarantee it will take 4 months to actually receive the OWP. We have yet to see that proven, and we won't until at least mid-march.

Of course they are applying for a totally different work permit. Which is the pilot program OWP. To qualify for that you have to have valid temporary resident status. My question is simple..the answer may not be but does CIC recognize implied status as valid or not. For me to apply for OWP I have to be married and it'll still take time. Question is - lets assume CIC recognized the implied status - I apply for OWP end of Feb - lose my implied status end of April/start of May - OWP applicants starts getting process mid May..what then?

1- I am not working illegally right now.

2- I am not sure I follow when you say apply outland and I will get the work permit - not that I know a single thing about fam. class sponsorship but applying outland means I will be getting OWP after the first stage processing or whatever the procedure is which will certainly be much longer than 4 months which is the processing time OWP pilot inland. And you're right since the pilot just started only once the four months have passed we'll see the results.

The bigger question now I have in my mind is that since I have already applied for extension of my work permit can I apply for TRV? And which TRV will I apply for the 14 days one or 100 days one.

14 days one is for study, work or whatever

100 days is extension of visitor

I would like to have TRV just in case

 

[rhcohen2014]

1. if you send in an owp permit with your pr application BEFORE your current work permit expires, you will have implied status until CIC processes your OWP application. you will not lose your implied status - as long as you submit an OWP with your PR application.

2. sorry to confuse you. what i mean is, for MOST outland applicants, they are TOTALLY approved for pr in 6-10 months, depending on the visa office. there are some applicants who are approved quicker too. My point is, if you apply "outside of canada" - which you CAN do even if you are IN canada on a work permit, most likely you would be totally approved for PR and legally allowed to work before you would have gotten the OWP issued through the inland process. even if it only takes 4 months for the OWP to be sent, that's still not that much of a difference with being totally approved as an outland applicant to warrant applying inland.

 

[Ponga]

Of course they are applying for a totally different work permit. Which is the pilot program OWP. To qualify for that you have to have valid temporary resident status. YOU ALSO MUST HAVE AN INLAND SPOUSAL SPONSORSHIP APPLICATION SUBMITTED! Just having legal status alone does NOT qualify a person for this pilot OWP!
My question is simple..the answer may not be but does CIC recognize implied status as valid or not. Yes.
For me to apply for OWP I have to be married and it'll still take time. Question is - lets assume CIC recognized the implied status - I apply for OWP end of Feb - lose my implied status end of April/start of May - OWP applicants starts getting process mid May..what then? You can't even apply for the pilot OWP until you have gotten married and are submitting your Inland sponsorship application AT THE SAME TIME.

1- I am not working illegally right now.
Well...as stated earlier (multiple times) you may or may not be working illegally.

2- I am not sure I follow when you say apply outland and I will get the work permit - not that I know a single thing about fam. class sponsorship but applying outland means I will be getting OWP after the first stage processing or whatever the procedure is which will certainly be much longer than 4 months which is the processing time OWP pilot inland. And you're right since the pilot just started only once the four months have passed we'll see the results.

The bigger question now I have in my mind is that since I have already applied for extension of my work permit can I apply for TRV? And which TRV will I apply for the 14 days one or 100 days one.

14 days one is for study, work or whatever

100 days is extension of visitor

I would like to have TRV just in case

 

[Kayaker]

1) Understood. When she shows very minimal income would that be negative?

3)Point taken. I am not from Visa exempt country. This is the most difficult part in terms not being able to visit home country. There can be a number of serious reasons where you absolutely need to go. So you're saying when someone married to a Canadian citizen applies for TRV its not granted let alone having the visa and then denied entry.

3) I should look at the checklist. A link will be helpful. Sorry I am not lazy just looking for direction from people who know

1) Students are ok, minimal income is also ok. A letter from her parents stating that they will let you and her live rent-free, or provide financial support, would be helpful to prove that she will not be on welfare.
3) Unfortunately, if you need a visa to enter Canada, if you leave Canada (after submitting an Inland PR application) you will have to apply for a TRV. The chances of getting it are slim, I heard. Seems, harsh, but this seems to be the unfortunate reality. I remember recently there was a Philippino woman here on the forum, she was an Inland applicant and had been waiting almost 2 years already. Then her son died back home and she left Canada to go to the funeral. She then applied for a visa to come back to Canada, but it was refused. I think she started the whole application procedure all over again.

The checklist would depend on which country you are from, which I do not know. Each country has its own checklist and requirements.

Good luck.

 

[Ponga]

1) I feel like pulling my hair..haha
My work permit has ALREADY expired and I am on implied status

2) Not in my case - outland for me is longer than here..How long does inland take anyway

How do you have implied status? Have you already applied Inland and included an OWp (before your current work permit expired)?

Inland is now taking ~ 18 months just for the first stage approval (AIP), plus up to another 1 year for DM (Decision Made)...plus the wait for the landing interview...plus the wait to receive the PR card in the mail.

Zzzzzzz!!!

 

[rhcohen2014]

1) I feel like pulling my hair..haha
My work permit has ALREADY expired and I am on implied status

2) Not in my case - outland for me is longer than here..How long does inland take anyway

2 years. give or take.

where are you from? just an fyi about the processing times listed online, they are not true averages, reflect worst case scenarios, and most applicants see a processing time much faster. a majority of applicants are approved in half the time (or more) than what's posted online. for example: for us applicants. the application is processed in ottawa, which has a posted processing time of 16 months. currently US applicants are seeing approvals in 6-8 months. there was even a group of us who were approved in less than 6 months.

 

[bluediam]

How do you have implied status? Have you already applied Inland and included an OWp (before your current work permit expired)?

Inland is now taking ~ 18 months just for the first stage approval (AIP), plus up to another 1 year for DM (Decision Made)...plus the wait for the landing interview...plus the wait to receive the PR card in the mail.

Zzzzzzz!!!

Either I am confused or you are

Read the very first post of this thread

 

[Ponga]

Either I am confused or you are

Read the very first post of this thread

Did you not realize that I was replying to someone else's post (SFKAS)?
My post had NOTHING to do with you, or the very first post here.

 

[bluediam]

Did you not realize that I was replying to someone else's post (SFKAS)?
My post had NOTHING to do with you, or the very first post here.

Oops. Sorry

Question: Can I apply for trv while on implied status

 

[innosense]

Unable to post link. Search for Apply for a new temporary resident visa from within Canada in cic website

I don't think you can apply now from inside Canada. It is for valid Study or Work Permit holders ONLY. ( 14 days )

You cannot apply for extension - 100 days - unless u have a TRV and it is expiring.

 

[bluediam]

A couple of question if anyone can help answer

1)Do you have to have legal status to get married?

2)Do you have to have legal status to get OWP (Pilot program) - Will implied status be recognized as legal status at the time application is filed but by the time its process it might have expired?

3)If you can not apply for visitor visa from within Canada, how else do you get a visa..When I restore my status and get a visitor permit can I get TRV based on that?

4)Where does it say on CIC website that you can't go out of the country when you have an inland application in process?

 

[Ponga]

A couple of question if anyone can help answer

1)Do you have to have legal status to get married?

2)Do you have to have legal status to get OWP (Pilot program) - Will implied status be recognized as legal status at the time application is filed but by the time its process it might have expired?

3)If you can not apply for visitor visa from within Canada, how else do you get a visa..When I restore my status and get a visitor permit can I get TRV based on that?

4)Where does it say on CIC website that you can't go out of the country when you have an inland application in process?

1. No

2. Yes. If you had implied status when you submitted the Inland application, but have since fallen out of status, you would not qualify for the pilot OWP and would need to wait until you have AIP to get your OWP.

3. I'll defer to others, since I am not sure.

4. Here:
http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker.

The person being sponsored has no guarantee that he or she will be permitted to return or re‑enter Canada if he or she leaves before permanent residence is approved. This is especially true if a Temporary Resident Visa is required to enter Canada.

Lastly, I read your PM asking me for more help, but I suggest that you just post your new question(s) in the forum and let everyone help you.

 

[bluediam]

1. No

2. Yes. If you had implied status when you submitted the Inland application, but have since fallen out of status, you would not qualify for the pilot OWP and would need to wait until you have AIP to get your OWP.

3. I'll defer to others, since I am not sure.

4. Here:
http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker.

The person being sponsored has no guarantee that he or she will be permitted to return or re‑enter Canada if he or she leaves before permanent residence is approved. This is especially true if a Temporary Resident Visa is required to enter Canada.

Lastly, I read your PM asking me for more help, but I suggest that you just post your new question(s) in the forum and let everyone help you.

1 -So the answer to question 1 is that I don't have to have legal status in Canada to get married but the link you posted and the part of quoted right underneath it says

"Maintaining legal status

Spouses and common law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are required to have legal immigration status in order to qualify under the Spouse or Common-law partner in Canada class."


2- If at the time of processing they see that I in fact I had implied status at the time of filing the app but as they are processing it it has expired it won't count?