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Implied work permit, Status of family?

sageaugie

Newbie
Jul 4, 2016
9
0
Hello everyone.
I am in a bit of a pickle and would appreciate you advice.
On June 30, 2017: My previous Work Pemit, my wife's 'Open spouse Work Permit' and two kids' Visitors Record expired.
I applied for new Work Permit with same employer on June 21 (Delayed cos of extraordinary circumstances beyond my control) but gave me 'Implied status' till I got my New Work Permit.
Both "Online application Wizard" and "CIC Agent" advised me to wait to apply for spouse and kids' Visa till after receipt of New Work Permit in spite of the fact that they would be without status here till then.
Received New Work Permit on July 28.
Now applying for Wife's and kids Visas from within Canada. Applying under 'Application to change condition, extend my stay or remain in Canada as visitor "
  • Do I need to apply for restoration of status for my wife and kids?
  • The processing times for Visitor extension is 99 days! So even if I apply today I would probably receive it in November! My current Work Permit expires in December. So is it really worth it trying to restore the status for 4 months?
  • Also no OHIP coverage till status is restored!
  • Should they leave the country and apply for a re-entry Visa from India (Country of Citizenship)?
 

scylla

VIP Member
Jun 8, 2010
96,931
22,889
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Implied status only applies to you.

Yes - your wife and children are out of status in Canada and have to apply to restore their status. The processing time for restoring status typically takes several months and they won't be covered by OHIP while out of status in Canada. Yes - they can certainly leave Canada and then re-enter (if they have valid multiple entry visitor visas). If they don't have valid TRVs - they would need to apply for new ones from outside of Canada before re-entering.
 
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sageaugie

Newbie
Jul 4, 2016
9
0
Thanks Scylla.
Since they out of status there are two options I could think of -

1. Should they leave right away cos the whole restoration process would likely be completed only by November (99 days processing time) and my work permit expires in December and so would their new status?
2. Apply for a TRV from India (processing time 25 days) and re-enter?

or

1. Wait till Sept 30 (90 days window for application of restoration status) and if I get a New Work permit from January, use that for restoration of status?

Please tell me what might be the best option in your opinion?