IMPLIED STATUS question for inland application

[jorgus1710]

Hello everyone! I will briefly explain why my wife and I are planning on going through with with the inland spousal application process over the outland. We have ultimately decided to do inland for 2 reasons. 1st being the ability to have a work permit, and 2nd we cannot place ourselves in a position where we may be called in for an interview, due to our financial situation. (ticket costs are expensive).With that being said, I am hoping you good people would be able to help me better understand/clarify a few things about the "implied status".

I've recently spoken with someone who sought out an immigration lawyer for his spousal sponsorship (applied this year, also inland) and he told me the following; Once the inland sponsorship application is received, from that point on the spouse will have "implied status" in Canada until they are/or are not accepted. His lawyer said this is a "grey area" but this way the implied status allows the spouse to be able to stay legally in Canada for the duration of the application process without any visa extension or what not.

This info conflicts with my understanding of how the "implied status" is obtained. I thought that you must submit an open work permit WITH the inland application, and that is what offers the protection of "implied status, not just the inland application alone. Can anyone clarify or add to this? My absolute priority at this stage is to simply have my wife stay legally in Canada with me (and possibly work) for the duration of the application process, regardless of the waiting time. I just want everything to be done correctly without the worry of her being deported :-[ :-[

Can anyone help me clarify this matter regarding how implied status works? If any more info is required, please let me know.
Thanks

 

[Rob_TO]

The lawyer sounds like he doesn't really know what he's talking about. The issue is very straightforward.

It's indeed the OWP app that gives you implied status, NOT the PR app. As long as you have valid status when the inland PR/OWP app is submitted, the OWP app gives you implied status in Canada during the duration of the process so no need to keep renewing your status.

 

[Ponga]

The Inland application alone does NOT give the applicant Implied Status. You MUST include the OWP WITH the Inland application, or at the very least, send the OWP prior to the current visitor status expiry date, so that is received by CIC prior to the legal status expiry. Obviously, sending it with the application makes more sense.

Be sure to pay the correct fee for the OWP, which is $255, and also make sure that you are sending the latest version of all PR forms, since CIC likes to update some of them, fairly often.


Good luck!

 

[jorgus1710]

Thank you so very much Rob & Ponga! This will bring a bit more ease to my mind.

I would like to clarify one more thing if it wouldn't be too much to ask. Its regarding having a valid status when the inland PR/OWP app is submitted. I called CIC a while back and they told me that my wife (visa exempt passport from Poland) can stay in Canada up to 6 months, and that she is considered to have valid status for those 6 months, however I would feel much more comfortable confirming this information with all of you here on the forums. Especially considering the lady I spoke with at CIC was extremely rude, and unwilling to give me a clear cut answer to this one question.

Thanks again!
PS: how can I give someone rep, or thumbs up?

 

[Ponga]

I agree with Rob_TO; That lawyer needs a refresher course on Implied Status!

Unless told otherwise when she enters (or has already entered) Canada, or is given a date that she must leave Canada by, she will get the full 6 months (to the day).


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[MaryLou6]

Thank you so very much Rob & Ponga! This will bring a bit more ease to my mind.

I would like to clarify one more thing if it wouldn't be too much to ask. Its regarding having a valid status when the inland PR/OWP app is submitted. I called CIC a while back and they told me that my wife (visa exempt passport from Poland) can stay in Canada up to 6 months, and that she is considered to have valid status for those 6 months, however I would feel much more comfortable confirming this information with all of you here on the forums. Especially considering the lady I spoke with at CIC was extremely rude, and unwilling to give me a clear cut answer to this one question.

Thanks again!
PS: how can I give someone rep, or thumbs up?

Hi, I'm also from Poland make sure you include all up to date forms. If you don't, the application might get returned and then your wife could lose her implied status.

Good luck to you two, keep us updated

 

[Rob_TO]

I would like to clarify one more thing if it wouldn't be too much to ask. Its regarding having a valid status when the inland PR/OWP app is submitted. I called CIC a while back and they told me that my wife (visa exempt passport from Poland) can stay in Canada up to 6 months, and that she is considered to have valid status for those 6 months, however I would feel much more comfortable confirming this information with all of you here on the forums.

Upon entering Canada, basically 1 of 3 things will happen.

CBSA will sometimes issue an official visitor record. In this case the status of the visitor is valid only until the date stated on the record. If you don't know what this is, it means they didn't give you one.

Sometimes CBSA will stamp a passport and put in a validity date on the stamp. Again in this case the status is only valid based on what the stamp says.

Or finally CBSA may stamp passport and not put any date, or may not stamp it at all. In this case then for any visa-exempt traveler they can automatically assume they have 6 months of status.

 

[fpalazzo]

Hi,
I am sorry, I have basically the same type of question:

I am gathering documents to submit my application for PR+OWP under the Sponsorship - Spouse class. I am just waiting for 2 documents that are on their own way by mail.
My visitor status (6 months after my arrival) expires on the first week of April. Do you believe I should apply for extension of my visitor visa or by the time I submit my applications, I will be considered under implied status for the OWP?

Note: according to CIC website, the current foreseen processing time for any WP is 6 weeks.

Thank you!

 

[canuck_in_uk]

Hi,
I am sorry, I have basically the same type of question:

I am gathering documents to submit my application for PR+OWP under the Sponsorship - Spouse class. I am just waiting for 2 documents that are on their own way by mail.
My visitor status (6 months after my arrival) expires on the first week of April. Do you believe I should apply for extension of my visitor visa or by the time I submit my applications, I will be considered under implied status for the OWP?

Note: according to CIC website, the current foreseen processing time for any WP is 6 weeks.

Thank you!

Hi

Submitting the OWP app with the inland PR app will give you Implied Status after your visitor status expires, provided the app is not returned after your current status expires. Many choose to apply for a visitor extension as well, just in case the app is returned.

The OWP takes 3-4 months.