Implied Status and the CCB (Canadian Child Benefit)

[maurmore13]

In addition Dec 2021 applied for H&C in September 2022 I got AIP... Medicals sent waiting for Decision made

 

[canuck78]

Implied status is when you wait ircc replies to your TRP application. But you have to submitted before the previous one expires
That is what we did.
Her program started last ictober 2022. She started after getting study permit approved. Now I am accompanying her and my statusnchanged from closed WP to OWP

You didn’t have implied status. Your wife would have had to be studying to have applied for a study permit extension with an OWP for you. You didn’t have implied status and shouldn’t have been working all of this time. When were you inadmissible if you applied for a TRP? Implied status is when you apply for an extension of a permit/status and you are waiting for it to be approved. You have to be eligible for that extension for it to be implied status. She was granted the study permit and you were granted the OWP likely because of your H&C application. I’ll wait to see others comments but you should only be getting CCB from October.
@scylla @Yyr @armoured

 

[canuck78]

In addition Dec 2021 applied for H&C in September 2022 I got AIP... Medicals sent waiting for Decision made

Your permits likely got approved because of the H&C application.

 

[maurmore13]

You didn’t have implied status. Your wife would have had to be studying to have applied for a study permit extension with an OWP for you. You didn’t have implied status and shouldn’t have been working all of this time. When were you inadmissible if you applied for a TRP? Implied status is when you apply for an extension of a permit/status and you are waiting for it to be approved. You have to be eligible for that extension for it to be implied status. She was granted the study permit and you were granted the OWP likely because of your H&C application. I’ll wait to see others comments but you should only be getting CCB from October.
@scylla @Yyr @armoured

My 1st PR application was in process those days. It got rejected August 2021 because i lost my job, I had oinp.

 

[maurmore13]

However, as per section R181, a temporary resident may 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 legal status as a temporary resident during the processing period

 

[canuck78]

My 1st PR application was in process those days. It got rejected August 2021 because i lost my job, I had oinp.

When did you lose your job? That is when you knew OINP was no longer going to be valid. Had you applied for BOWP which would be the proper way to meep working after receiving AOR for OINP. Applying for for an OWP for you and a study permit for your wife did not give you any form of status when you had been working on a closed WP and your wife had been working on an OWP. It seems as though both of you have been working throughout.

 

[canuck78]

However, as per section R181, a temporary resident may 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 legal status as a temporary resident during the processing period

Yes but you didn’t extend your statuses. Your wife applied for a new study permit and you applied for an OWP based on her new study permit. She had been working on an OWP while you had been working on a closed WP based on previous posts.

 

[canuck78]

Did you reapply for the study permit and OWP after you applied for H&C?

 

[maurmore13]

Now why CRA will denied mCCB

Did you reapply for the study permit and OWP after you applied for H&C?

No
We applied before our work permits expired

 

[maurmore13]

Now why CRA will denied mCCB

No
We applied before our work permits expired

 

[maurmore13]

Aug 2020 OWP and study permit for wife applications
Sep2020 work permits expired
Aug 2021 pr refused
Dec 31 applied h&c
Sept 2022 work permit and study permit approved
Oct 2022 AIP

 

[maurmore13]

I was not able to apply for BOWP cause I had closed WP.
There was no OWP available for my situation... later during covid ircc allowed owp applications for closed wp holders. But that was too late for me

 

[maurmore13]

Yes but you didn’t extend your statuses. Your wife applied for a new study permit and you applied for an OWP based on her new study permit. She had been working on an OWP while you had been working on a closed WP based on previous posts.

Is it a new study permit or a change on statuses?
Anyway my problem is with cra who requires the following:
https://www.canada.ca/en/revenue-ag...child-benefit-before-you-apply.html?emaillink

 

[canuck78]

Aug 2020 OWP and study permit for wife applications
Sep2020 work permits expired
Aug 2021 pr refused
Dec 31 applied h&c
Sept 2022 work permit and study permit approved
Oct 2022 AIP

Wasn’t it Aip in September 2022 and OWP and study permit in Oct 2022?

 

[canuck78]

Is it a new study permit or a change on statuses?
Anyway my problem is with cra who requires the following:
https://www.canada.ca/en/revenue-ag...child-benefit-before-you-apply.html?emaillink

The issue is that if you didn’t have implied status didn’t qualify for CBB and only qualified when your wife got a study permit and you got the OWP. Based on what seems to be your situation you didn’t meet the requirement for CBB until October 2022. Did CRA say you only qualified in October 2022?

Hopefully someone like @scylla can review my interpretation of your situation.