Implied Status

[thanuxxi]

Hello everyone, I am very confused about one particular question and would like your thoughts on this..
My husband got his acceptance letter for full-time studies from a recognized college and he is planning to change his status from work permit (he is currently working) to study permit.
Along with his application, he is gonna include me as a family member so I can get my OWP. I am currently in Canada as a visitor, with my status to expire in late September.
So my question is: once we apply to his study permit + my owp, am I on implied status if the decision on my visa is not made until september? Or should I request an extension after applying for the owp, showing that I have a work permit application in process?

Thank you so much

 

[thanuxxi]

Anyone!? Cause as far as I know, the implied status for owp exist for PR applications in process, but I am not sure if it works the same way for my situation

 

[terki]

yes u r deemed to be implied under the status that was conferred

 

[rhcohen2014]

if you are in canada and have sent an application for an OWP, then you are on implied status until you are given a decision by CIC. If you receive a determination prior to your current visa expiring, then you will no longer be on implied status. If you are denied the OWP (which i think is generally slim) prior to your current stay expiring, then you will have to leave canada as per your current visa or apply to extend your stay as a visitor.

 

[thanuxxi]

so that means I do not need to extend my visitor status?

 

[rhcohen2014]

so that means I do not need to extend my visitor status?

Correct, i believe you will only need to extend your visitor status if you are denied the OWP prior to your current status expriring. You are on implied status for the OWP as soon as you mail it in, and can remain in canada until you receive a determination. I believe applying for an extension on your current visa would just be a waste of money.

If you are denied an OWP AFTER your current status expires, then i don't believe you can extend your current stay unless it's within 90 days of its expiration. If you are denied after your current visa expires, potentially you will have to leave canada and re-enter as a visitor. Considering you are accompanying a spouse on a student visa, i dont think you will need to worry about this. I don't believe many people in your situation are denied OWPs.

If i am wrong, the powers that be on this forum will most certainly let you know!

 

[thanuxxi]

rhcohen2014, thank you so much for such good information!

I am confident that I will get my owp, I was just confused about this implied status thing!
My only concern now is that we got married very recently (2 months ago) here in Canada, after my husband got his wp on a level d position!
From your experience, do you think my recent marriage can cause me trouble? If yes, should I provide proofs that we are together for 7 years or wait for it to be eventually requested?
Again, this will be the first time applying for a visa on a legal married status (because when we applyed for my visitor visa and his wp, we were still on a single status as we couldn not prove common law as we did not cohabited for a full year)
Thank you so much ahain

 

[rhcohen2014]

i'm confused why you think your marriage would cause you trouble? your husband's work permit has nothing to do with the study permit you said he is currently applying for. Getting married allows you to accompany him to canada on an OWP. I would send them everything they ask for in the application, and if they require more information then they will ask for it. If the application asks for proof of your relationship, then it needs to go in the application package that is sent.

 

[thanuxxi]

Thank you again for your repply..
I was concerned because I read some threads that people believed they got rejected because of a recent marriage, but now I am assuming that they must had some other reason why that happend.. I just didn't want this look like a fake marriage, just to get the owp!
I believe that I am just overthinking here..
We are attaching our marriage certificate issued in Alberta =]
Fingers crossed.. Thank you very much

 

[terki]

& photos to support it - taken along with any friends of your own

make a cover letter and state numbers of 2/3 friends who can support it

also old emails, vacation pics of past - can help to show you know the person before hand and is genuine