implied status in Canada with "outside" application

[juliankatie]

Hello I'm excited to announce we just received 1st stage approval for our Outland Spousal application!!

My question is this:

My husband is currently in Canada on a valid work permit. This permit expires in December and we may not be able to renew it with the same company. If that is the case - does he have "implied status" now that the residency application is in process? Or can we or do we need to apply for a change of status? I wasn't sure if that applies to us since his application is being processed "Outside".

Thanks for any help!

Katie

TIMELINE:
Application received in Mississauga: June 8, 2010
First Stage Approval received and application send to Buenos Aires: July 6th, 2010

 

[IrishApplicant]

If he is from a visa exempt country he could simply visit the states for a weekend and return, essentially on a visitor visa - making sure to get a visitor record stamped into his passport.

Congrats on the speedy 1st stage! We are hoping for something similar.

IA

 

[PMM]

Hi

Hello I'm excited to announce we just received 1st stage approval for our Outland Spousal application!!

My question is this:

My husband is currently in Canada on a valid work permit. This permit expires in December and we may not be able to renew it with the same company. If that is the case - does he have "implied status" now that the residency application is in process? Or can we or do we need to apply for a change of status? I wasn't sure if that applies to us since his application is being processed "Outside".

Thanks for any help!

Katie

TIMELINE:
Application received in Mississauga: June 8, 2010
First Stage Approval received and application send to Buenos Aires: July 6th, 2010

1. No implied status until either he applies for a renewal of the work permit. Or if the employer won't apply for an LMO, he applies to remain as a visitor.

 

[juliankatie]

Thanks for the responses! No, he is not from a visa exempt country (Argentina).

So my second question is this. We are thinking of going to Argentina for a visit this fall while the application is still in process. However we will want to be back in Canada for the winter and he will either enter by applying for a work permit (with LMO if we can get another one) or as a visitor while we wait for the residency to be approved. Are there any issues trying to enter on either of these visas while an application is in process "Outside"? I don't want to jeopardize the application in any way.

Thanks so much for you help!

Katie

 

[britincanada]

I do not recommend 'flag polling' by going to us and turning around! Your Husband has 2 choices..

1. He can apply to re-new his work permit
2. He can apply for extension to remain in Canada as a Visitor!

There is a big chance he may have PR by then anyway!! Congrats on you sponsorship approval!

 

[juliankatie]

So you are suggesting we do not leave the country at all until the residency has been approved? We had hoped to visit Argentina for a 5-6 weeks then come back. To come back in he would have to enter on a new visitor visa that he can apply for in Buenos Aires. Is this too risky with an application in process?

If we decide not to go to Argentina can we apply to change his status from work permit to visitor without leaving?

 

[PMM]

Hi

So you are suggesting we do not leave the country at all until the residency has been approved? We had hoped to visit Argentina for a 5-6 weeks then come back. To come back in he would have to enter on a new visitor visa that he can apply for in Buenos Aires. Is this too risky with an application in process?

If we decide not to go to Argentina can we apply to change his status from work permit to visitor without leaving?

It is doubtful that he would get a new TRV to re-enter Canada, as it is intention to remain permanently. He may get one, he may not. Do you want to take the chance that he won't be re-admitted?

 

[britincanada]

Here is the link for the forms..http://www.cic.gc.ca/english/information/applications/visitor.asp

Not only is he from a country that requires him to obtain a TRP you are also married which stacks up the odds against you for his re-entry to Canada!

 

[juliankatie]

Thanks for your advice again!

Sorry but another question. Just to be clear if we decide not to do the trip to Argentina and instead stay in Canada and go for change of status - does having a residency application in process (outside) make it harder for him to get his status changed from worker to visitor? Or if we get a new LMO, getting his work permit extended?

Thanks so much!

Katie