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Implied status while waiting for PR app?

mattandally

Full Member
Nov 23, 2019
37
3
Lincoln, Ontario
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FAM
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Missisauga
My common law partner and I are completing our PR forms now, hopefully sending them off in a few weeks along with OWP application. My visitor status will expire in February 2020.
Just have a few questions, as I can't find the exact answers online:

Do I need to extend my visitor status in January, or will I automatically get implied status once I've sent off my OWP/PR application?

If I do need to extend my visitor status, how long should I apply to extend it for? The PR application is estimated to take 12 months, so should I be asking for a 12 month extension or will I automatically get implied status the whole time the PR application is going through?

If/when I get implied status, will I receive anything to prove that I have implied status and that I'm allowed to stay? I'm just concerned about someone knocking on my door to say I've overstayed in Canada and I have to leave, want to make sure all bases are covered and that I have proof of everything.

Thanks in advance, I just don't want to put in more applications than I need to.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
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London
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06/12
My common law partner and I are completing our PR forms now, hopefully sending them off in a few weeks along with OWP application. My visitor status will expire in February 2020.
Just have a few questions, as I can't find the exact answers online:

Do I need to extend my visitor status in January, or will I automatically get implied status once I've sent off my OWP/PR application?

If I do need to extend my visitor status, how long should I apply to extend it for? The PR application is estimated to take 12 months, so should I be asking for a 12 month extension or will I automatically get implied status the whole time the PR application is going through?

If/when I get implied status, will I receive anything to prove that I have implied status and that I'm allowed to stay? I'm just concerned about someone knocking on my door to say I've overstayed in Canada and I have to leave, want to make sure all bases are covered and that I have proof of everything.

Thanks in advance, I just don't want to put in more applications than I need to.
You don't have to apply for a visitor extension but it would be a good idea in case your PR and/or OWP app is returned after your status expires in February. If your OWP app is approved before the extension, you can withdraw the visitor app.

Just ask for the normal 6 months. The OWP will be approved before then.

No, you don't get proof of Implied Status. No one is going to knock on your door.
 
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vensak

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Jul 14, 2016
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attention PR application itself has nothing to do with implied status . You are requested to keep yourself legally in Canada until you get COPR and do the landing.
Also PR application gives you no right to apply for BOWP (bridge over work permit), if you do not have some kind of work permit valid (for example spousal OWP, PGWP, standard closed WP).
so yes you need to extend your visitor status if you will not get landing in time.
 

canuck_in_uk

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May 4, 2012
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London
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06/12
attention PR application itself has nothing to do with implied status . You are requested to keep yourself legally in Canada until you get COPR and do the landing.
Also PR application gives you no right to apply for BOWP (bridge over work permit), if you do not have some kind of work permit valid (for example spousal OWP, PGWP, standard closed WP).
so yes you need to extend your visitor status if you will not get landing in time.
OP is being sponsored by their Canadian partner inland, so yes, they have the right to apply for an OWP.
 

vensak

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did not know that. But even in that case, a spousal OWP has to be made after sending PR application. And of course requirement to keep a legal status is still valid.
 

k.h.p.

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Mar 1, 2019
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Canada
did not know that. But even in that case, a spousal OWP has to be made after sending PR application. And of course requirement to keep a legal status is still valid.
Sorry, you don't know what you're talking about and shouldn't be commenting.

An OWP application can be sent along with the spousal application. There's a checkbox on the document checklist for inland applications that you check if you're submitting an OWP application with the PR application.

If you submit an OWP application, you benefit from implied status until the OWP is decided. You need to maintain status until the OWP is decided - in case it's returned to you as you must be in status to receive the OWP.

If you get an OWP, and provided you don't leave the country, you don't need to extend visitor status as you will have worker status. If you have a multiple entry TRV or are visa exempt, you could theoretically leave the country and return with an OWP, such as for a vacation, but it's not recommended.
 
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mattandally

Full Member
Nov 23, 2019
37
3
Lincoln, Ontario
Category........
FAM
Visa Office......
Missisauga
Sorry, you don't know what you're talking about and shouldn't be commenting.

An OWP application can be sent along with the spousal application. There's a checkbox on the document checklist for inland applications that you check if you're submitting an OWP application with the PR application.

If you submit an OWP application, you benefit from implied status until the OWP is decided. You need to maintain status until the OWP is decided - in case it's returned to you as you must be in status to receive the OWP.

If you get an OWP, and provided you don't leave the country, you don't need to extend visitor status as you will have worker status. If you have a multiple entry TRV or are visa exempt, you could theoretically leave the country and return with an OWP, such as for a vacation, but it's not recommended.
Thanks for clearing that up.

So just to confirm - it's best for me to apply to extend my visitor status by 6 months to allow the OWP to be processed, so I have legal status the whole time. Then once the OWP has been granted, I'm automatically switched to worker status? Or is this something else I have to apply for?

I don't have a multiple entry TRV and I'm not visa exempt, so I plan on staying in Canada until my PR has been processed.

Thanks!
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Thanks for clearing that up.

So just to confirm - it's best for me to apply to extend my visitor status by 6 months to allow the OWP to be processed, so I have legal status the whole time. Then once the OWP has been granted, I'm automatically switched to worker status? Or is this something else I have to apply for?

I don't have a multiple entry TRV and I'm not visa exempt, so I plan on staying in Canada until my PR has been processed.

Thanks!
Once the OWP is approved, you will have status as a worker. If the visitor extension hasn't been processed before that, withdraw to try and get a refund.