implied status

[wallyshut]

Hello friends!
I find myself in a predicament. I am currently waiting on the outcome of my PR (CEC route as of February 2016). My current visa runs out may 14th 2016. I would be quite sure i wont have PR sorted by this date. So my next step will be to apply for a bridging visa which from current timelines appears to take 5-6 months to obtain. the problem I have is that I need to leave Canada and go home for 1-2 weeks in June 2016. I will be on implied status at this point. Here lies the difficulty. From my understanding I can leave Canada but I will NOT be allowed to re-enter. Or if i did manage to get back into Canada i would not be able to go back to work legally.
Is there any way around this problem? Is there any special exemptions that can be made from anybody's experience? Or is there any way of obtaining my bridging visa quicker so that i have it for June?

Hoping for your help and thanks in advance!

 

[softfuel12]

To be honest its not smart to leave country on implied status as you won't be able to re-enter and as a consequence you'll lose your job.

It is a long shot but it will totally depend upon your file. My friend recently got his passport stamped. He applied in Oct 2015 and in Feb 2016 he had his passport stamped. He then went to US for a week and then returned for his landing. So if you have all documents sorted and the processing continues to be swift you'll get your PPR request by May 2016 (If you applied in early Feb). You can then go to your home country and return for landing.

 

[ailsaclare]

Hi,

I was in a similar predicament to you last summer - on implied status but wanting to leave the country to go to a family wedding. The advice I got from CIC was that the only reasons they would request expedited processing on my visa were if an immediate member of my family was ill or dying or if I needed to travel for the purposes of my work. CIC told me that I could "risk" leaving while on implied status but it would be up to the individual border guard's discretion whether to re admit me to Canada. In the end I decided not to risk it and missed the wedding

 

[wallyshut]

Thanks for the input guys. Much appreciated.
In relation to my PR (CEC) do you really think i can get it before June? I sent everything in on the 19th Feb and got my AOR on the 20th. I taught it took at least 5-6 months. Funny thing was last week i got a status update telling me i passed my medical. Not sure if that means anything in relation to processing times but i was surprised to hear anything at all so quickly.
Otherwise my situation does not involve sick family members, its an important situation but not a life or death one if you get me. such a frustrating system!

 

[Kota1978]

Thanks for the input guys. Much appreciated.
In relation to my PR (CEC) do you really think i can get it before June? I sent everything in on the 19th Feb and got my AOR on the 20th. I taught it took at least 5-6 months. Funny thing was last week i got a status update telling me i passed my medical. Not sure if that means anything in relation to processing times but i was surprised to hear anything at all so quickly.
Otherwise my situation does not involve sick family members, its an important situation but not a life or death one if you get me. such a frustrating system!

Seems You applied under EE..Can you please share your timeline.

 

[ABS_1382]

Hi,

I was in a similar predicament to you last summer - on implied status but wanting to leave the country to go to a family wedding. The advice I got from CIC was that the only reasons they would request expedited processing on my visa were if an immediate member of my family was ill or dying or if I needed to travel for the purposes of my work. CIC told me that I could "risk" leaving while on implied status but it would be up to the individual border guard's discretion whether to re admit me to Canada. In the end I decided not to risk it and missed the wedding

They would not even fasten the process....My father - in - law passed away and I could not go...I tried through my company's lawyer to fasten the process but no luck.....My wife had gone back and now she cannot enter Canada as I am still waiting for BOWP.....
I applied for BOWP on Nov 3/2015...

 

[Ponga]

To be honest its not smart to leave country on implied status as you won't be able to re-enter and as a consequence you'll lose your job.

Leaving Canada while under Implied Status, means that the status leaves with you.

It does not mean that if you leave you will be [automatically] denied re-entry. If you are from a visa exempt country, you will be assessed at the border just like any other traveller, BUT...you will need to understand what Dual Intent is and how the CBSA officer can use that to determine your fate.

I agree that remaining in Canada until landing is the wise choice.

 

[wallyshut]

Seems You applied under EE..Can you please share your timeline.

CEC route.
all documents sent in 19-02-16
AOR recieved 20-02-16
Medical passed 03-03-16

 

[wallyshut]

Leaving Canada while under Implied Status, means that the status leaves with you.

It does not mean that if you leave you will be [automatically] denied re-entry. If you are from a visa exempt country, you will be assessed at the border just like any other traveller, BUT...you will need to understand what Dual Intent is and how the CBSA officer can use that to determine your fate.

I agree that remaining in Canada until landing is the wise choice.

Yes i understand how they can use dual intent. it would be a big risk on my behalf

 

[Gregor.Samsa]

You shouldn't leave Canada under Implied Status.

You could apply for visitor status at the border but it's up to the Inmigration Officer. Of course you need valid visa or be from a visa exempt country.

Your most logical action is to wait for BOWP or COPR, that probably will came firts.

I get COPR in last than 3 months, so if you're lucky and your application is OK, perhaps you can get COPR by June.

 

[wallyshut]

You shouldn't leave Canada under Implied Status.

You could apply for visitor status at the border but it's up to the Inmigration Officer. Of course you need valid visa or be from a visa exempt country.

Your most logical action is to wait for BOWP or COPR, that probably will came firts.

I get COPR in last than 3 months, so if you're lucky and your application is OK, perhaps you can get COPR by June.

Did you say you got PR (EE) is less than 3 months or do you mean you have just recently got it? your timeline doesn't make much sense to me

 

[Mutenye]

You will only legally be on implied status if you actually apply to renew your 'current status'... (depending what kind of permit you are on)A PR application does not constitute 'implied status' in my opinion. So to the best of my understanding you will be illegal to work on May 13th anyway unless you apply for a bridging permit. A bridging permit application in effect will continue your current visa until a decision is made on either granting you a bridging permit or actually getting your PR approved. If you'd applied for a BOWP in February by paper you'd have gotten a visa in time. I would recommend applying for a BOWP immediately. It's pretty straight forward. And it gives you more of a legal basis to re enter the country if you do decide to leave... and you can continue working until mid June legally.

 

[Naheulbeuck]

You will only legally be on implied status if you actually apply to renew your 'current status'... (depending what kind of permit you are on)A PR application does not constitute 'implied status' in my opinion. So to the best of my understanding you will be illegal to work on May 13th anyway unless you apply for a bridging permit.

You are wrong.

If he applies for BOWP, until it is processed he will be under implied status and will be able to keep working. If he gets his BOWP rejected before getting his PR then he would not be able to keep working but with the timeline there is absolutely no chance that his BOWP would be processed before his PR is finalized and therefore no need to worry about that.

 

[Mutenye]

You are wrong.

If he applies for BOWP, until it is processed he will be under implied status and will be able to keep working. If he gets his BOWP rejected before getting his PR then he would not be able to keep working but with the timeline there is absolutely no chance that his BOWP would be processed before his PR is finalized and therefore no need to worry about that.

Yes but he needs to actually apply for a BOWP. He hasn't. And unless he does he won't be on implied status. That's my understanding. I am suggesting he apply immediately by paper and add a letter explaining his circumstances. I got my BOWP in 110 days and I didn't ask or plead for it to happen quicker! Obviously getting it in time is a long shot but the times are no longer increasing and it's worth it as he needs to apply anyway if he wants to continue in his job up until June.

 

[wallyshut]

yes i understand i need to apply for my BOWP to gain implied status. My problem is that I wont get a BOWP by June so that i can leave and gain entry again, which i cannot do on implied status. Looks like my only hope is that i get PR before June. When will I get PR is anyone's guess.....i Cant see them being sympathetic to me and giving me a BOWP quickly even with a letter explaining my situation. A person on this thread couldn't even get one quickly with a dying parent...