Implied Status

[Happywife08]

I need your help, My hubby and I are losing our heads... ???

Ok So I have read as many topics as I can and none of them answers my question. or maybe I haven't found it yet.

Here is my case

I am applying INLAND within a few days I will be sending it to Alberta. I came into Canada Oct 25th 2012 and my visitor visa expired January 13 2013 BUT my the stamp on my passport will expire April 25th 2013 which means I will have legal status until then.

As I said we are sending the application soon which it would mean before my status expires, I had understood that by sending before that I would get implied status. Now I read that I need to apply for a extension for my stay at least 30 days before and that will give me implied status. Which if I do is ok because I still have time on my stamp. But I need to know if I have to or not?

The other issue is that I went to the website to apply for an extension, started filling out the form and then it redirected me to Family class sponsorship and how to apply for Permanent residency. it did not allow me to apply for one.

Please I would really appreciate your help

 

[VanSquirrel]

Hello Happywife,

I don't know about the whole 30-day thing since I never looked into visitor visas, but I know that applying for spousal sponsorship does NOT give you implied status. I'm not sure how strictly CBSA enforces deportation on visitor visas but if they were to do so, you would have to leave. However, once you get AIP, they can no longer kick you out of the country.

Now that I've sufficiently scared you, there is a big BUT. You are still eligible to apply for permanent residency under spousal sponsorship even if you are out of status. If I were you, I'd renew my visitor visa though, just to be on the safe side.

 

[parker24]

I need your help, My hubby and I are losing our heads... ???

Ok So I have read as many topics as I can and none of them answers my question. or maybe I haven't found it yet.

Here is my case

I am applying INLAND within a few days I will be sending it to Alberta. I came into Canada Oct 25th 2012 and my visitor visa expired January 13 2013 BUT my the stamp on my passport will expire April 25th 2013 which means I will have legal status until then.

As I said we are sending the application soon which it would mean before my status expires, I had understood that by sending before that I would get implied status. Now I read that I need to apply for a extension for my stay at least 30 days before and that will give me implied status. Which if I do is ok because I still have time on my stamp. But I need to know if I have to or not?

The other issue is that I went to the website to apply for an extension, started filling out the form and then it redirected me to Family class sponsorship and how to apply for Permanent residency. it did not allow me to apply for one.

Please I would really appreciate your help

Apply 30 days BEFORE it expires and you get implied status until you hear back about the extension. Otherwise you're good

 

[darwinwap]

Applying inland with an open work permit application will give you implied status. However if you want to be on the safe side extend your visitors visa as well but it is not necessary.

 

[VanSquirrel]

Applying inland with an open work permit application will give you implied status. However if you want to be on the safe side extend your visitors visa as well but it is not necessary.

@darwinwap
From what I understood, if you already have a work permit and you apply for another one as an extension to the one you already have, you get implied status. Similarly if you are seeking to extend your visitor visa. But can you really get implied status by applying for an OWP while under visitor visa?

 

[darwinwap]

I'm pretty sure you get implied status if you send an open work permit application with the sponsorship because my friend's status ran out and he had to renew his passport and get police clearance in Calgary (even talked to a CBSA officer) and he was able to do both just using the AOR email.

 

[darwinwap]

Here you go..

Operations Manual IP 6 says:

"5.6. Inland applications for permanent residence
In situations where an applicant who has visitor status submits an application for permanent
residence to Vegreville and at the same time submits an application for a work permit (pursuant to
R207(b)), the visitor may be considered to have requested an extension of their TR status (in
accordance with R183(5)). They are considered to have implied status as a visitor, until a
decision is made on their WP application.
When no application for a work or study permit is received with the application for permanent
residence, the applicant is obliged to apply to extend their visitor status."

 

[VanSquirrel]

Here you go..

Operations Manual IP 6 says:

"5.6. Inland applications for permanent residence
In situations where an applicant who has visitor status submits an application for permanent
residence to Vegreville and at the same time submits an application for a work permit (pursuant to
R207(b)), the visitor may be considered to have requested an extension of their TR status (in
accordance with R183(5)). They are considered to have implied status as a visitor, until a
decision is made on their WP application.
When no application for a work or study permit is received with the application for permanent
residence, the applicant is obliged to apply to extend their visitor status."

Well there ya go lol. Good to know!

 

[Happywife08]

Thank you all!!!

Here you go..

Operations Manual IP 6 says:

"5.6. Inland applications for permanent residence
In situations where an applicant who has visitor status submits an application for permanent
residence to Vegreville and at the same time submits an application for a work permit (pursuant to
R207(b)), the visitor may be considered to have requested an extension of their TR status (in
accordance with R183(5)). They are considered to have implied status as a visitor, until a
decision is made on their WP application.
When no application for a work or study permit is received with the application for permanent
residence, the applicant is obliged to apply to extend their visitor status."

You know we read this but We didn't understand very well Thank you!!


Just to make sure can somebody who has been trough explain the process to apply for an extension. How does it give me implied status until my residency process is over?

 

[darwinwap]

Thank you all!!!

You know we read this but We didn't understand very well Thank you!!


Just to make sure can somebody who has been trough explain the process to apply for an extension. How does it give me implied status until my residency process is over?

Maybe this will help you better

http://www.cic.gc.ca/english/information/applications/extend-worker.asp

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:


Open Work Permit – Sponsorship of a Spouse or Common-Law Partner in Canada

If a spouse or common-law partner is sponsored from inside Canada, they can apply for an open work permit by completing an Application to Change Conditions or Extend Your Stay in Canada as a Worker (IMM 5553). This application must be sent before their status expires in the same envelope as the sponsorship application. This will allow them to keep a legal status in Canada up until the time their application for permanent residence is *approved in principle.

If their status expires before the application for permanent residence is approved in principle, they will still have a legal status in Canada. This is called implied status. Please note that the open work permit will only be issued once the application for permanent residence is approved in principle. Visit our Web site to see how long it may take to get approval in principle.

If the sponsored person did not send an open work permit application with their permanent residence application, they can send it, by mail, at any time while it is in process by writing Open Work Permit - Application for permanent residence in Canada - Spouse or common-law partner on the top of the form. They should also include proof that the permanent residence application was submitted. The open work permit application cannot be submitted online.

Please note that they must keep a legal status in Canada during the entire process of their application for permanent residence.

*Approved in principle means that the person being sponsored received a letter from the Case Processing Centre or local office stating that they meet the eligibility (minimum) requirements to apply for permanent resident status but that a final decision will not be made until all requirements for becoming a permanent resident have been met. These requirements include medical, security and background checks for the applicant and, if applicable, their family members.

 

[Happywife08]

Maybe this will help you better

http://www.cic.gc.ca/english/information/applications/extend-worker.asp

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:


Open Work Permit – Sponsorship of a Spouse or Common-Law Partner in Canada

If a spouse or common-law partner is sponsored from inside Canada, they can apply for an open work permit by completing an Application to Change Conditions or Extend Your Stay in Canada as a Worker (IMM 5553). This application must be sent before their status expires in the same envelope as the sponsorship application. This will allow them to keep a legal status in Canada up until the time their application for permanent residence is *approved in principle.

If their status expires before the application for permanent residence is approved in principle, they will still have a legal status in Canada. This is called implied status. Please note that the open work permit will only be issued once the application for permanent residence is approved in principle. Visit our Web site to see how long it may take to get approval in principle.

If the sponsored person did not send an open work permit application with their permanent residence application, they can send it, by mail, at any time while it is in process by writing Open Work Permit - Application for permanent residence in Canada - Spouse or common-law partner on the top of the form. They should also include proof that the permanent residence application was submitted. The open work permit application cannot be submitted online.

Please note that they must keep a legal status in Canada during the entire process of their application for permanent residence.

*Approved in principle means that the person being sponsored received a letter from the Case Processing Centre or local office stating that they meet the eligibility (minimum) requirements to apply for permanent resident status but that a final decision will not be made until all requirements for becoming a permanent resident have been met. These requirements include medical, security and background checks for the applicant and, if applicable, their family members.

Thank you darwinwap. it does clarify a lot of doubts. Thank you for the link too this is the link I used and it did not allow me to apply for an extension but I will try again at least now I know that I have to.