IMplied Status

[Silviagono]

Hi Everybody,

I have a big question... I have an open work permit with restrictions as I have an OID PNP Nomination. I sent my PR application (paper based) last September and got my AOR on December. Last week CIC ask me to update my Schedule A and pay my Right of Permanent Residence Fee. So I did it, but all my info is still as "Provided".

Not too sure next steps and timing to final decision on Pr...

Now my work permit is valid till end of June, as it has restrictions my big questions are:

- Am I eligible to BOWP? What happen with my husband work permit and my kids study permits?
- If I do no extend our permits will we be on Implied Status till we get the PR decision?
- If none of the above are possible, what should I do in order to remain legal and available to work, same as my husband and my kids be able to go to school?

Thanks!

Silvia

 

[Silviagono]

I keep looking info regarding this issue... It clarify the legal status for my and my Husband as we have open work permits, but still no info regarding to my kids... but I guess is the same...

This is what I found:

Open work permit
An open work permit allows you to work for any employer for the time period specified on the work permit. Once you receive your first stage approval (approval in principle) of your application, it can only be granted for your permanent residency.

If you send your open work permit application along with your permanent residence application and you continue working for the employer who mentioned on your current work permit while the application is being processed, then you will not need to extend your work permit, even if it expires during the processing of your application for permanent residence.

If you want to change your employer after sending your application, you will need to submit a new application for a work permit along with a new positive Labour Market Opinion issued by HRSDC or Service Canada to your employer and pay the appropriate fees.

 

[AlbertaStar]

I keep looking info regarding this issue... It clarify the legal status for my and my Husband as we have open work permits, but still no info regarding to my kids... but I guess is the same...

This is what I found:

Open work permit
An open work permit allows you to work for any employer for the time period specified on the work permit. Once you receive your first stage approval (approval in principle) of your application, it can only be granted for your permanent residency.

If you send your open work permit application along with your permanent residence application and you continue working for the employer who mentioned on your current work permit while the application is being processed, then you will not need to extend your work permit, even if it expires during the processing of your application for permanent residence.

If you want to change your employer after sending your application, you will need to submit a new application for a work permit along with a new positive Labour Market Opinion issued by HRSDC or Service Canada to your employer and pay the appropriate fees.

Hello there

can you post the link for this info please??

 

[Silviagono]

A little bit mor of my research: found on https://www.rogersonlaw.com/remaining-in-canada-after-your-canadian-visa-expires/

Remaining in Canada After Your Canadian Visa Expires

By Andrew Rogerson LLB (Hons) TEP

Temporary residents in Canada are foreign nationals who enter and remain in Canada for a set period of time on the strength of a Canadian visa as a visitor, international student or foreign worker. Given that such visas are temporary in nature, each visa is valid only until a specified expiry date; after which the foreign national is expected to leave to Canada. However, a soon expiring or even expired visa is not a reason for a foreign national to begin packing their suitcases just yet. There are a number of options available to individuals to extend their stay in Canada on both a temporary and permanent basis even after they have run out of legal status to remain in Canada.

Implied Status

If a temporary resident has applied to extend their period of authorized stay in Canada before it has ended, the period of their stay in Canada is extended until a decision is made on their application pursuant to subsection 183(5) of the Immigration and Refugee Protection Regulations (IRPR). Thus, even if an individual is days away from the expiry of their work or study permit, they will still be able to obtain implied status so long as their extension application is received before the official expiry date on their permit is reached.

Once on implied status, a temporary resident who has applied for a renewal of their work or study permit has a right to continue working or studying under the same conditions until a final decision is made on their renewal application. However, to maintain their implied status it is imperative that a temporary resident remain in Canada throughout the processing of their renewal application. Implied status will be lost immediately upon exiting Canada.

And here is the link to the IRPP article: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-183.html

I hope this will help us more....

Silvia

 

[Silviagono]

More info from an Official site about Implied Status

http://www.international.gc.ca/protocol-protocole/immigration.aspx?lang=eng

implied status

CIC sometimes issues documents to individuals after the expiry of their most recent status document. If a person applies for an extension prior to the expiry of their status document, they have implied status until they receive a decision from CIC (a new document, or a refusal). Under implied status, the person must abide by the same conditions they were under prior to the expiry of their status document. They may continue to work or study, for example, for the same employer or at the same school.

 

[AlbertaStar]

- If I do no extend our permits will we be on Implied Status till we get the PR decision?

This option is NOT possible
You are only on implied status if you applied for another work permit befor the expiry date on the old one
"implied status" for work permit have absolutly nothing to do with PR application

If you send your open work permit application along with your permanent residence application and you continue working for the employer who mentioned on your current work permit while the application is being processed, then you will not need to extend your work permit, even if it expires during the processing of your application for permanent residence.

If you want to change your employer after sending your application, you will need to submit a new application for a work permit along with a new positive Labour Market Opinion issued by HRSDC or Service Canada to your employer and pay the appropriate fees.[/b]

this information is NOT correct

for more information go to this thread:
canadavisa.com/canada-immigration-discussion-board/-t468823.0.html

 

[Silviagono]

Thanks for the info!

 

[martinchik]

Hello to all of you!
I need some advise, please help.
I have been approved a Provincial Nominee Program several days ago. Before I applied for the program my husband had been issued a visa, he left for Canada with my son as visitor, and before the document expired he had applied for extension for visa. While waiting for the extension I, as the main applicant, was nominated PR. The embassy answered only after 3 months when the document date was already expired and he was under implied status, and they refused to extend the visa and asked him to leave Canada Immediately, so they left the country in 2 weeks.
Now we are at Federal process and I have some troubles: can it be that CIC refuses us because of that implied status?
Thank you in advance

 

[sasha18]

Hi Everybody,

I have a big question... I have an open work permit with restrictions as I have an OID PNP Nomination. I sent my PR application (paper based) last September and got my AOR on December. Last week CIC ask me to update my Schedule A and pay my Right of Permanent Residence Fee. So I did it, but all my info is still as "Provided".
You can apply fod bridge open work permit with your aor and plus all your family too

Not too sure next steps and timing to final decision on Pr...

Now my work permit is valid till end of June, as it has restrictions my big questions are:

- Am I eligible to BOWP? What happen with my husband work permit and my kids study permits?
- If I do no extend our permits will we be on Implied Status till we get the PR decision?
- If none of the above are possible, what should I do in order to remain legal and available to work, same as my husband and my kids be able to go to school?

Thanks!

Silvia

 

[sasha18]

Again you can apply for bridge open work permit with your filed number but it has to be before 90 days not longer then that .Its quite clear on the cic website

 

[sasha18]

Again you can apply for bridge open work permit with your filed number but it has to be before 90 days not longer then that .Its quite clear on the cic website

Contact an immigration consultant if you are in doubt