Implied status for spousal sponsorship application. Please help

[jha190]

I have been going for FSWP but my points were too low for todays draw. My IEC visa expires Nov 21st 2015. Is there any way I can get Spousal Visa (I qualify I am married to a Canadian citizen), OWP and Implied status in this short time? What would you recommend in order for me to either continue working on implied status or minimise the time I wait for the visa without working? Am I better to go back to New Zealand and apply outland? Please help any advice will be appreciated.

 

[zardoz]

I have been going for FSWP but my points were too low for todays draw. My IEC visa expires Nov 21st 2015. Is there any way I can get Spousal Visa (I qualify I am married to a Canadian citizen), OWP and Implied status in this short time? What would you recommend in order for me to either continue working on implied status or minimise the time I wait for the visa without working? Am I better to go back to New Zealand and apply outland? Please help any advice will be appreciated.

What do you mean by "Spousal Visa"? If you are referring to a spousal sponsorship, you can apply for an OWP with the application but it's open to debate whether this actually grants implied status to a non-extendable IEC. Even if it does, you would have to get your application to CIC before the existing WP expires. That leaves you less than a month.

 

[floomy]

hope other members give more answer, this is what I got.

1. can you renew IEC visa (heard some case can be renewable )?
If so, send renewal application before your IEC expired , then you will be implied status until you get approve or rejection.
or if your company would help you to apply regular work permit, you can apply for it.

2. if you cannot renew IEC or apply for work permit, you have to apply for change of status for visitor.
then you are implied status till you can get visa or denied.
while you are waiting for your visitor visa, you can apply for inland and OWP.


3. normally outland app process faster than inland.
this is another scenario - you are approved visitor visa, then you can apply for outland while you are in Canada.
but you cannot work, just stay in Canada as a visitor.

P.S you must stop working the date of your IEC expired.

correct me if there is wrong info.

 

[jha190]

What do you mean by "Spousal Visa"? If you are referring to a spousal sponsorship, you can apply for an OWP with the application but it's open to debate whether this actually grants implied status to a non-extendable IEC. Even if it does, you would have to get your application to CIC before the existing WP expires. That leaves you less than a month.

Sorry yes I mean Spousal sponsorship. It is unlikely CIC would receive my application within a month even if I sent it tomorrow right?

 

[jha190]

Thank you all so much for your advice! If I apply for an open work visa separate to my spousal sponsorship, Would I be on implied status until I receive a rejection? This would buy me some time to get my application to CIC and then would I be able to go on implied status for my OWP submitted with the Spousal sponsorship application? Or am dreaming I and should just go home to New Zealand and apply outland? Any advice will be appreciated, thanks.

Also if I go onto a visitor visa at what point am I able to work again? once CIC receives my application? anyone have an idea on the timeframe?

 

[Ponga]

Sorry yes I mean Spousal sponsorship. It is unlikely CIC would receive my application within a month even if I sent it tomorrow right?

Send it by courier, so that you have a tracking number (and make sure you send it to the proper address for couriers).

The day that it is delivered, will be your unofficial AOR date. Unless your application and/or OWP is returned because it was incomplete, had an expired form, or the payment amount was incorrect (as an example, the OWP is $255 NOT $155), you will be under implied status.

As mentioned, you would not be authorized to work beyond the validity of your current WP and would need to wait until you receive the OWP to return to work.

However...if you wish to complete the entire PR process in a humane timeframe, you could submit your Outland application from within Canada. You would then apply to change your status from worker to visitor before Nov 21st, citing the sponsorship application has been submitted. You would not be authorized to work, but could realistically complete the entire process at lightning speed, compared to the ~ 2 years for Inland.

Check the NZ threads here to see what the current average processing times are.

Good luck!

 

[jha190]

Thanks again for the response! So one more question. If I change to visitor visa with the unofficial AOR. What would a rough timeline be to receive the OWP? surely not 2 years?Huh

 

[Ponga]

Thanks again for the response! So one more question. If I change to visitor visa with the unofficial AOR. What would a rough timeline be to receive the OWP? surely not 2 years?Huh

~ 4 months, but are you sure you wouldn't rather submit an Outland application?

 

[jha190]

Im not sure about anything ahahaha. What would outland likely be?

And just to clarify I can apply aoutland from within Canada if I am on a vistor visa?

 

[kangamoose]

As a New Zealand citizen you should apply outland, the Sydney offices is one of the fastest. There are people from June/July who already have approval. Have a look at the Sydney thread: http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-applications-through-sydney-australia-office-t46958.0.html

Yes you can apply outland in Canada as a visitor.

 

[jha190]

Thanks Kangamoose (love the name).

Would I be able to apply for an open work permit, to gain implied status and apply for spousal sponsorship while I wait for my permit to be denied? This way I can work while I wait?

 

[floomy]

1. if you send your application (inland/outland) with express mail, CIC would receive it in a week.

2. you should send OWP application with your inland applications (together)

3. after you send your owp and sponsorship app, you are implied status till you get OWP or rejected.

4. you can not work with visitor visa.
if you apply for outland, you have to apply for work permit separately.

5. you must stop working when your IEC expired and can start to work when you get your OWP.

6 .seems like you do not have much time
so you should decide to apply for inland or outland first. then do whatever necessary .

 

[scylla]

Thanks Kangamoose (love the name).

Would I be able to apply for an open work permit, to gain implied status and apply for spousal sponsorship while I wait for my permit to be denied? This way I can work while I wait?

IEC don't benefit from implied status. So unfortunately this won't work. You'll have to stop working as soon as your IEC expires.

 

[Ponga]

IEC don't benefit from implied status. So unfortunately this won't work. You'll have to stop working as soon as your IEC expires.

Remember all the back-and-forth with jamesdavid3, who did continue working after his IEC expired, claiming that he was told that he could.

He recently received DM, but AFAIK, still hasn't received his landing letter. Maybe CIC has `connected the dots'?

 

[kangamoose]

Thanks Kangamoose (love the name).

Would I be able to apply for an open work permit, to gain implied status and apply for spousal sponsorship while I wait for my permit to be denied? This way I can work while I wait?

Thanks

IEC is not extendable, most agree that implied status doesn't apply. But there are people here who disagree. Personally I wouldn't risk it, the possible consequences of it out weigh the benefits.