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Implied status - clarification

gochaking

Newbie
Aug 20, 2018
9
1
My wife would automatically enter into "implied status" to remain in Canada legally after CIC has received my PR + OWP application. Please correct me if I'm wrong.

If by any chance, OWP is declined (but PR application is still being reviewed), will my wife still have the "implied status"?
 

christine_thai

Star Member
Oct 12, 2016
82
13
as I know PR application doesn't give you implied status, if you owp get rejected then they will give her some time to extend her visa
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
My wife would automatically enter into "implied status" to remain in Canada legally after CIC has received my PR + OWP application. Please correct me if I'm wrong.

If by any chance, OWP is declined (but PR application is still being reviewed), will my wife still have the "implied status"?
She has implied status if the OWP application was received while she was still in "status". If she was out of status already, there is no "implied status".
If the OWP application is refused, implied status still exists up to the point of refusal.
If the OWP application is returned as "incomplete", there was never any "implied status".
 
Last edited:

gochaking

Newbie
Aug 20, 2018
9
1
She has implied status if the OWP application was received while she was still in "status". If she was out of status already, there is no "implied status".
If the OWP application is refused, implied status still exists up to the point of refusal.
If the OWP application is returned as "incomplete", there was never any "implied status".
Just to confirm my understanding,

"implied status" is granted IF
1) OWP is still being reviewed or
2) OWP is granted?

Am I correct?

My 2nd question is this :-
Say OWP was submitted while "visitor status" was still in effect.
If the OWP application is refused and visitor status has already expired, does she get a chance to renew/extend her visitor visa?
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Just to confirm my understanding,

"implied status" is granted IF
1) OWP is still being reviewed or
2) OWP is granted?

Am I correct?

My 2nd question is this :-
Say OWP was submitted while "visitor status" was still in effect.
If the OWP application is refused and visitor status has already expired, does she get a chance to renew/extend her visitor visa?
1)

Once the application has been decided, implied status ends.

Look up "restoration of status". There is however only a 90 day window where this is viable.
 
Last edited:

kfrench

Star Member
Oct 22, 2016
75
26
Alberta
App. Filed.......
27-04-2018
AOR Received.
06-06-2018
So I have a question then regarding all of this. My visitor status expired the end of April and I have sent in both my PR and OWP applications on the 27th of April. My OWP was returned to me because the fees weren't paid correctly and I didn't find that out until June 28th. My application was returned to them July 3rd. Does that mean I am going to run into some trouble since apparently my status here as a visitor had expired? I was under the assumption that having the PR application in meant that I would be under implied status.
 

YVR123

VIP Member
Jul 27, 2017
8,032
3,219
So I have a question then regarding all of this. My visitor status expired the end of April and I have sent in both my PR and OWP applications on the 27th of April. My OWP was returned to me because the fees weren't paid correctly and I didn't find that out until June 28th. My application was returned to them July 3rd. Does that mean I am going to run into some trouble since apparently my status here as a visitor had expired? I was under the assumption that having the PR application in meant that I would be under implied status.
You need to restore your visitor status. It's the OWP that would have given you the implied status, not the PR application. So unfortunately, it's returned and your visitor status is now expired.
 
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Oldmacwright

Hero Member
Aug 18, 2017
404
229
You need to restore your visitor status. It's the OWP that would have given you the implied status, not the PR application. So unfortunately, it's returned and your visitor status is now expired.
Don’t think restoration is possible now if the visitor status expired at the end of April, that’s nearly 4 months so we’ll past the 90 days restoration window.

This is why the advise is to apply to extend visitor status even if you’re applying for the owp.
 

YVR123

VIP Member
Jul 27, 2017
8,032
3,219
Don’t think restoration is possible now if the visitor status expired at the end of April, that’s nearly 4 months so we’ll past the 90 days restoration window.

This is why the advise is to apply to extend visitor status even if you’re applying for the owp.
Oh! I didn't noticed the original expiry date. Then the OP will need to wait until AIP for the OWP.
 

kfrench

Star Member
Oct 22, 2016
75
26
Alberta
App. Filed.......
27-04-2018
AOR Received.
06-06-2018
So I'd need to wait for AIP? There wouldn't be a way for me to restore my status here? Im currently on the phone with the IRCC trying to figure this all out and am on hold. I'm scared and worried now because I was hoping to get my OWP soon so I could start working.
 

YVR123

VIP Member
Jul 27, 2017
8,032
3,219
So I'd need to wait for AIP? There wouldn't be a way for me to restore my status here? Im currently on the phone with the IRCC trying to figure this all out and am on hold. I'm scared and worried now because I was hoping to get my OWP soon so I could start working.
You OWP application is linked... I am confused too. Hopefully, you get a better answer from IRCC.
Btw, are you American citizen?

May be senior members can chip-in on the risk of trying to cross the border again when his visitor status has expired. Would that risk his PR application?
 

kfrench

Star Member
Oct 22, 2016
75
26
Alberta
App. Filed.......
27-04-2018
AOR Received.
06-06-2018
You OWP application is linked... I am confused too. Hopefully, you get a better answer from IRCC.
Btw, are you American citizen?

May be senior members can chip-in on the risk of trying to cross the border again when his visitor status has expired. Would that risk his PR application?
Im so confused too because I literally have no clue anymore. The lady at the IRCC says my options are to stay in canada and not get my OWP until I get my AIP which will probably be like 8 months or so. OR I leave and come back into Canada which, she says people do all the time with no problem but there are no guarantees.

I got no notice that my status was expired and was able to connect my OWP like there was nothing wrong. So now Im sitting here debating what I do

Edit: And yeah, I am a US citizen
 

elomam

Star Member
Jun 23, 2018
110
53
Montreal
Im so confused too because I literally have no clue anymore. The lady at the IRCC says my options are to stay in canada and not get my OWP until I get my AIP which will probably be like 8 months or so. OR I leave and come back into Canada which, she says people do all the time with no problem but there are no guarantees.

I got no notice that my status was expired and was able to connect my OWP like there was nothing wrong. So now Im sitting here debating what I do

Edit: And yeah, I am a US citizen
Hi,
Here : https://www.canadavisa.com/canada-immigration-discussion-board/threads/2018-spousal-sponsorship-in-land-applications-timeline-and-updates.536517/page-154#post-7184303
You stated that you applied for visitor extension 4 days before it expired so technically until you get a response from IRCC you were technically under implied status, so this may explain why your OWP application was accepted (you were able to link it)