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Implied Status questions

Dec 22, 2012
3
0
So, my working holiday visa is about to expire at the end of Feb, My canadian girlfriend and I have just about finished our inland spousal sponsorship application and hopefully we will send it off next week.

Do I need to apply for any visitor visa, extension of visa etc???? I am on an Australian open work permit so I don't have any LMO papers..

Or after I mail the application off, am I automatically on Implied status untill I hear from CIC???

Do I need to re enter the canadian border on the date that my visa runs out? or do I just go business as usual??

We have a really strong inland spouse application so I'm not to worried about that. I just want to make sure I'm doing the right thing to avoid awkward conversations with border officials.

The way I understand it is my work visa runs out on 22 feb 2013. once I mail off inland spouse residency papers I sit tight business as usual until i hear otherwise. I do not have to flag pole to re enter canada, and I can still work until I hear back

Is this correct?
 

ichbinella

Star Member
Dec 14, 2012
161
1
CANADA
Category........
Visa Office......
Veg
Job Offer........
Pre-Assessed..
App. Filed.......
27-02-2012
Doc's Request.
29-09-2012
AOR Received.
15-06-2012 (AIP+OWP:06-12-2012)
Med's Request
29-09-2012
Med's Done....
06-11-2012 (appeared on ECAS:22-11-2012)
Interview........
NO INTERVIEW
Passport Req..
NO
VISA ISSUED...
June/july2013
LANDED..........
15aug2013,pr card received:15oct2013
liquidlifestyle said:
So, my working holiday visa is about to expire at the end of Feb, My canadian girlfriend and I have just about finished our inland spousal sponsorship application and hopefully we will send it off next week.

Do I need to apply for any visitor visa, extension of visa etc???? I am on an Australian open work permit so I don't have any LMO papers..

Or after I mail the application off, am I automatically on Implied status untill I hear from CIC???

Do I need to re enter the canadian border on the date that my visa runs out? or do I just go business as usual??

We have a really strong inland spouse application so I'm not to worried about that. I just want to make sure I'm doing the right thing to avoid awkward conversations with border officials.

The way I understand it is my work visa runs out on 22 feb 2013. once I mail off inland spouse residency papers I sit tight business as usual until i hear otherwise. I do not have to flag pole to re enter canada, and I can still work until I hear back

Is this correct?
I was also a working holiday visa holder last year when i got married in Canada and sent in my application INLAND. I hope my case could be a ref. for you.

Once you've submitted the form, you hv entered Implied status. and even though working holiday visa cannot be extended owing to its nature, you r allowed to keep working with what you have (I'm not sure about changing jobs though, but I;m 100% sure you can work as long as ur current employer agrees to keep you , they don't need to arrange any LMO for you.) However, one thing you must note is that you cannot leave Canada for any reason during ur implied status, once you leave Canada, even to US for travel etc, you will lose the chance to work. (I made a wrong decision cos I thought my working holiday expires and i must leave ...-.- so i could not work until I got Approval in Principal and my Open work permit.. a hard time to wait with no jobs, no income...though i hv my husband here..haha)

So good luck to the rest~ Ask if you r not sure and i hope i can help~~
 

scylla

VIP Member
Jun 8, 2010
95,939
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
ichbinella said:
I was also a working holiday visa holder last year when i got married in Canada and sent in my application INLAND. I hope my case could be a ref. for you.

Once you've submitted the form, you hv entered Implied status. and even though working holiday visa cannot be extended owing to its nature, you r allowed to keep working with what you have (I'm not sure about changing jobs though, but I;m 100% sure you can work as long as ur current employer agrees to keep you , they don't need to arrange any LMO for you.) However, one thing you must note is that you cannot leave Canada for any reason during ur implied status, once you leave Canada, even to US for travel etc, you will lose the chance to work. (I made a wrong decision cos I thought my working holiday expires and i must leave ...-.- so i could not work until I got Approval in Principal and my Open work permit.. a hard time to wait with no jobs, no income...though i hv my husband here..haha)

So good luck to the rest~ Ask if you r not sure and i hope i can help~~
You can't keep working once the WHV expires. Because the WHV is non-extendable, submitting an inland application before the WHV expires doesn't give you the right to keep working.

Once the WHV expires, you have to stop working until the open work permit is approved as part of first stage processing for the inland application.
 

ichbinella

Star Member
Dec 14, 2012
161
1
CANADA
Category........
Visa Office......
Veg
Job Offer........
Pre-Assessed..
App. Filed.......
27-02-2012
Doc's Request.
29-09-2012
AOR Received.
15-06-2012 (AIP+OWP:06-12-2012)
Med's Request
29-09-2012
Med's Done....
06-11-2012 (appeared on ECAS:22-11-2012)
Interview........
NO INTERVIEW
Passport Req..
NO
VISA ISSUED...
June/july2013
LANDED..........
15aug2013,pr card received:15oct2013
scylla said:
You can't keep working once the WHV expires. Because the WHV is non-extendable, submitting an inland application before the WHV expires doesn't give you the right to keep working.

Once the WHV expires, you have to stop working until the open work permit is approved as part of first stage processing for the inland application.
This differs from what I got from CIC.. I called them 2-3 times and they were very certain that even my working holiday visa cant be extended, and they wont issue me any work permit before i got stage 1 (AIP), they confirm that i can work with my current work permit.
 

ichbinella

Star Member
Dec 14, 2012
161
1
CANADA
Category........
Visa Office......
Veg
Job Offer........
Pre-Assessed..
App. Filed.......
27-02-2012
Doc's Request.
29-09-2012
AOR Received.
15-06-2012 (AIP+OWP:06-12-2012)
Med's Request
29-09-2012
Med's Done....
06-11-2012 (appeared on ECAS:22-11-2012)
Interview........
NO INTERVIEW
Passport Req..
NO
VISA ISSUED...
June/july2013
LANDED..........
15aug2013,pr card received:15oct2013
I would suggest calling CIC to have their formal answer. (I got an email reply from the CIC staff and she highlighted several points regarding my case, I keep it as written reference at that time just in case)
 

kyc221

Hero Member
Feb 20, 2012
255
4
Santiago, Chile
Category........
Visa Office......
Santiago, Chile
Job Offer........
Pre-Assessed..
App. Filed.......
29-08-2012
AOR Received.
11-10-2012
Med's Done....
25-05-2012
Passport Req..
26-04-2013
VISA ISSUED...
02-05-2013
LANDED..........
20-05-2013
ichbinella said:
I would suggest calling CIC to have their formal answer. (I got an email reply from the CIC staff and she highlighted several points regarding my case, I keep it as written reference at that time just in case)
Can you quote here some of that email? I decided to apply Outland precisely because I understand you cannot work after your working holiday visa expires. As far as I learned, if you stay under implied status, you lose your work permit, health care, you can't study, etc. You can only resume working if you applied for a work permit by sending the papers along the PR ones, and only once you've received an answer to stage one of the process.
 

scylla

VIP Member
Jun 8, 2010
95,939
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
ichbinella said:
This differs from what I got from CIC.. I called them 2-3 times and they were very certain that even my working holiday visa cant be extended, and they wont issue me any work permit before i got stage 1 (AIP), they confirm that i can work with my current work permit.
Unfortunately they give out bad information all of the time. I wouldn't bother calling CIC. If you want the real answer, I would consult with a qualified immigration lawyer.
 

ichbinella

Star Member
Dec 14, 2012
161
1
CANADA
Category........
Visa Office......
Veg
Job Offer........
Pre-Assessed..
App. Filed.......
27-02-2012
Doc's Request.
29-09-2012
AOR Received.
15-06-2012 (AIP+OWP:06-12-2012)
Med's Request
29-09-2012
Med's Done....
06-11-2012 (appeared on ECAS:22-11-2012)
Interview........
NO INTERVIEW
Passport Req..
NO
VISA ISSUED...
June/july2013
LANDED..........
15aug2013,pr card received:15oct2013
kyc221 said:
Can you quote here some of that email? I decided to apply Outland precisely because I understand you cannot work after your working holiday visa expires. As far as I learned, if you stay under implied status, you lose your work permit, health care, you can't study, etc. You can only resume working if you applied for a work permit by sending the papers along the PR ones, and only once you've received an answer to stage one of the process.
i dont hv the email anymore as finally i left canada and got back to my home-country to finish my wedding reception.

i really think giving CIC a call wont be a bad idea. they keep changing their policy, the answer i got was almost 1 year old.
 

kyc221

Hero Member
Feb 20, 2012
255
4
Santiago, Chile
Category........
Visa Office......
Santiago, Chile
Job Offer........
Pre-Assessed..
App. Filed.......
29-08-2012
AOR Received.
11-10-2012
Med's Done....
25-05-2012
Passport Req..
26-04-2013
VISA ISSUED...
02-05-2013
LANDED..........
20-05-2013
scylla said:
Unfortunately they give out bad information all of the time. I wouldn't bother calling CIC. If you want the real answer, I would consult with a qualified immigration lawyer.
Out of curiosity, what would happen in this scenario?
Someone gets a written answer from CIC stating you can work, and you do so trusting this information. This comes to the attention of the authorities, and you defend yourself showing this written "proof". Would you still be considered to have worked illegally, even if you're showing you did contact a "knowledgeable" governmental source and it was their mistake?
 

kitchener_inland

Hero Member
Jul 27, 2012
260
6
Visa Office......
Kitchener
Job Offer........
Pre-Assessed..
App. Filed.......
29-08-2011: application received
Doc's Request.
07-21-2011: received AIP & PPR request
LANDED..........
26-10-2012
liquidlifestyle said:
So, my working holiday visa is about to expire at the end of Feb, My canadian girlfriend and I have just about finished our inland spousal sponsorship application and hopefully we will send it off next week.

Do I need to apply for any visitor visa, extension of visa etc???? I am on an Australian open work permit so I don't have any LMO papers..

Or after I mail the application off, am I automatically on Implied status untill I hear from CIC???

Do I need to re enter the canadian border on the date that my visa runs out? or do I just go business as usual??

We have a really strong inland spouse application so I'm not to worried about that. I just want to make sure I'm doing the right thing to avoid awkward conversations with border officials.

The way I understand it is my work visa runs out on 22 feb 2013. once I mail off inland spouse residency papers I sit tight business as usual until i hear otherwise. I do not have to flag pole to re enter canada, and I can still work until I hear back

Is this correct?
as some pointed out. you can NOT work until you get the first stage approved (AIP) and that's assuming you applied for work permit along with your application. it could take up to 6 months from the date your application is received for for the first stage and thats when they will send you the open work permit to you and you can apply for study permit. you can not leave when your application is in process.
again this whol senario is different if you apply for out land.