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Implied status for spousal sponsorship application. Please help

jha190

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Nov 20, 2014
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Ok so it sounds like going onto a visitor visa then applying outland through the Sydney office is my best bet. Any ideas on how long it would take to get the OWP through the pilot programme, basically how long would it take for me to be able to work again from when I submit my application? Just need a rough guideline so I can talk with my Boss. Thanks
 

floomy

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Dec 17, 2012
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outland app in Sydney takes 11 months on CIC.
so looks like you cannot work in Canada for a year or longer.

if your boss is willing to apply for LMO then you can apply for work permit . but this is another hassle in terms of cost and time.

without work permit, you can only stay in Canada while you are waiting for your outland PR result.
 

kangamoose

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floomy said:
outland app in Sydney takes 11 months on CIC.
so looks like you cannot work in Canada for a year or longer.

if your boss is willing to apply for LMO then you can apply for work permit . but this is another hassle in terms of cost and time.

without work permit, you can only stay in Canada while you are waiting for your outland PR result.
Posted times on CIC website are not averages, they are the time it takes to complete 80% of applications. Most Sydney applications are done in 6-8 months but recently they have been as low as 4.

If you apply outland you don't qualify for the pilot program. You will not be eligible to work until you land as a PR.

In a nutshell your choices are:

Apply inland and you would be able to get the OWP in about 4 months, downside is processing times are long and you should still stop work after IEC expires until you get the OWP.

Apply outland, you will have to stop working once your IEC expires and remain in Canada as a visitor. Processing times this way are much faster, with a simple application you should have PR by mid next year.
 

jha190

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Nov 20, 2014
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Thank you all. So If we started the LMIA process would I be on implied status while it is processed? Also if I apply inland am I able to leave Canada?
 

Jamesdavid3

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Ponga said:
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'?
You will be happy to know that I have already received my landing letter and land in 2 weeks

I said all along I wouldn't have any issues and I was right...

Even on my GCSM notes said nothing about it.
 

Ponga

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Jamesdavid3 said:
You will be happy to know that I have already received my landing letter and land in 2 weeks

I said all along I wouldn't have any issues and I was right...

Even on my GCSM notes said nothing about it.
You're right; I'm f'n ecstatic! ;)
 

canuck_in_uk

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jha190 said:
Thank you all. So If we started the LMIA process would I be on implied status while it is processed? Also if I apply inland am I able to leave Canada?
Whichever way you choose, you will have to stop working. You have no chance of receiving a new work permit before your current one expires; you cannot continue to work after expiry and before you have received a new work permit.

If you apply inland, you wouldn't get the OWP until around March, assuming you can get your app together and submitted before Nov 21st. It will then be another 2 years or so before you actually become a PR, during which you are not supposed to leave Canada.

If you apply outland, you will have to change your status to visitor. You can expect to have PR by mid 2016, if not sooner.

If your employer is willing to go through the LMIA process, this will take several months. You will need to change your status to visitor while waiting for LMIA approval and will not be able to work.
 

jha190

Star Member
Nov 20, 2014
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Jamesdavid3 said:
You will be happy to know that I have already received my landing letter and land in 2 weeks

I said all along I wouldn't have any issues and I was right...

Even on my GCSM notes said nothing about it.


Hi there I heard you have experience with implied status on IEC. Could you please give me some advice?
My IEC expires Nov21st so its not looking promising for me. I want to get spousal sponsorship with as little as possible time off work.
 

Jamesdavid3

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May 22, 2013
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jha190 said:
Hi there I heard you have experience with implied status on IEC. Could you please give me some advice?
My IEC expires Nov21st so its not looking promising for me. I want to get spousal sponsorship with as little as possible time off work.
What is your situation?

Have you already submitted your spousal sponsorship application AND your Open work permit application? (You have you submit the Open Work permit application before your current one expires to get Implied Status)
 

jha190

Star Member
Nov 20, 2014
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Jamesdavid3 said:
What is your situation?

Have you already submitted your spousal sponsorship application AND your Open work permit application? (You have you submit the Open Work permit application before your current one expires to get Implied Status)
Ok so you saying if i send off my Spousal sponsorship application and OWP before the expiry date of my IEC i will be on implied status? And then hopefully once the the owl pilot programme visa is accepted i will be able to work while waiting for the pr acceptance. Meaning if i can send off my application this week giving me 4 weeks before my expiry i should be fine??
 

jha190

Star Member
Nov 20, 2014
53
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My situation is my IEC expires Nov 21st, i haven't submitted my OWP or spousal sponsorship application yet. I have been waiting to be selected from the express entry pool but it doesn't look like that will happen. So i want to go for the spousal visa. I am married to a canadian and have no doubt i can get the spousal sponsorship visa. I have filled out 90% of the application and should be able to send it of in the next day or two.
Please help
 

kangamoose

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Here's some further reading on the subject: http://britishexpats.com/wiki/Implied_Status_IEC The author does a good job of explaining the situation.

Ultimately the decision is yours to make, we can give you our opinions on the subject but its your future.
 

jha190

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Nov 20, 2014
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question: if i apply for spousal visa inland with owl pilot programme can i leave canada while it is being processed?
 

kangamoose

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Med's Request
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DM 10/02/2016 Passport Copy Request 11/02/2016
LANDED..........
03/03/2016
jha190 said:
question: if i apply for spousal visa inland with owl pilot programme can i leave canada while it is being processed?
While the OWP is being processed? Yes, BUT when you return you will return as a visitor until the OWP is granted. Also it should be noted that if for some reason you are denied re-entry into Canada (unlikely but it can and has happened) your inland application is cancelled.
 

jha190

Star Member
Nov 20, 2014
53
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Thank you all for your advice, I really appreciate it.

I just read on a thread that i can get implied status on IEC if my employer applies for a LMIA.
Have you heard of this? or is this the same as implied status for a OWP application?