INLAND APPLICATIONS 2013

[Ponga]

Hi there experts, seniors..

I would like to clarify my wife situation. Today her work permit expired. Since August 2013 she don't have work as she was pregnant and gave birtg last January 2014. Is she under the implied status then?thank you

She only has implied status if:

1. She submitted an extension of her WP prior to it expiring. If so, she has implied status while they review the application.

Or

2. She included an Open Work Permit (or Study Permit) with an Inland application and both were received by CIC prior to her WP expiry (today). She would, again, have implied status but this time, based upon the OWP WITH an Inland application.

I suppose that if she had a valid work permit, but had not been working since last August...it may not have been valid after all. I've heard of cases where CIC has revoked the WP if the person was not working.

 

[WeCanadoIt]

Heres a link to the petition for those who haven't seen it:

http://www.change.org/p/citizenship-and-immigration-canada-improve-processing-time-for-inland-spousal-sponsorship-and-grant-open-work-permit-upon-aor

 

[nismopinoy]

She only has implied status if:

1. She submitted an extension of her WP prior to it expiring. If so, she has implied status while they review the application

Or

2. She included an Open Work Permit (or Study Permit) with an Inland application and both were received by CIc prior to her WP expiry (today). She would, again, have implied status but this time, based upon the OWP WITH an Inland application.

I suppose that if she had a valid work permit, but had not been working since last August...it may not have been valid after all. I've heard of cases where CIC has revoked the WP if the person was not working.

We submitted our aplication with OWP last January 2014.

 

[nismopinoy]

She only has implied status if:

1. She submitted an extension of her WP prior to it expiring. If so, she has implied status while they review the application

Or

2. She included an Open Work Permit (or Study Permit) with an Inland application and both were received by CIc prior to her WP expiry (today). She would, again, have implied status but this time, based upon the OWP WITH an Inland application.

I suppose that if she had a valid work permit, but had not been working since last August...it may not have been valid after all. I've heard of cases where CIC has revoked the WP if the person was not working.

So if that is the case. Can she apply for visitor visa although her old work permit expired already?or a restoration of status?thank you

 

[Ponga]

So if that is the case. Can she apply for visitor visa although her old work permit expired already?or a restoration of status?thank you

She doesn't need to, since she IS under implied status because of the OWP. Why spend any more money?

 

[nismopinoy]

She doesn't need to, since she IS under implied status because of the OWP. Why spend any more money?

Thanks ponga. Ur such a great help. I just dont wat her to go back to our home country..

 

[thegorchess]

Heres a link to the petition for those who haven't seen it:

http://www.change.org/p/citizenship-and-immigration-canada-improve-processing-time-for-inland-spousal-sponsorship-and-grant-open-work-permit-upon-aor

Thanks. I have signed it. It is doing well. I guess people are more upset this time around.

 

[amjad3126]

I sponsor my spouse along with OWP and now she enjoying the implied status from last week. As her visa expired by the end of this month and along with her Alberta health care. What you people suggest. Is it wise to apply for visitor visa or not. Any suggestion in this regard highly appreciated.
Or its not wise to apply for it, because due to any reason if visitor visa rejected than i am not sure that if she still have implied status.

 

[Ponga]

I sponsor my spouse along with OWP and now she enjoying the implied status from last week. As her visa expired by the end of this month and along with her Alberta health care. What you people suggest. Is it wise to apply for visitor visa or not. Any suggestion in this regard highly appreciated.
Or its not wise to apply for it, because due to any reason if visitor visa rejected than i am not sure that if she still have implied status.

Since CIC has already received the OWP with the Inland application (and she is currently in-status), there's no reason to send a visitor extension.

No idea if, or how, she can extend her health care.

 

[shyla36]

I sponsor my spouse along with OWP and now she enjoying the implied status from last week. As her visa expired by the end of this month and along with her Alberta health care. What you people suggest. Is it wise to apply for visitor visa or not. Any suggestion in this regard highly appreciated.
Or its not wise to apply for it, because due to any reason if visitor visa rejected than i am not sure that if she still have implied status.

I have extended my visa for 1 year even if i submitted owp just because of alberta health care. Next month it will expire and got a letter that if i want my health care extended that i need to extend it again. I am extending it again just because i really want to have coverage. I just want to have peace of mind that im covered just in case i get sick. Its really up to you since your wife has implied status but i got my visa extended for 1 year the first time it expired. At the rate the cic is going, i dont knkw when i could get the good news so extending is my best bet.
Since you mentioned your wife's visa expired already, if and when you intend to extend you will need to restore it since you are still in the 90 day period. Its really up to you though.

 

[susana]

I sponsor my spouse along with OWP and now she enjoying the implied status from last week. As her visa expired by the end of this month and along with her Alberta health care. What you people suggest. Is it wise to apply for visitor visa or not. Any suggestion in this regard highly appreciated.
Or its not wise to apply for it, because due to any reason if visitor visa rejected than i am not sure that if she still have implied status.

Was she on a visitor visa or a work permit ?

If she had a visitor's visa, is better to apply for an extension as a visitor and pay restoration of status in order to extend her Alberta healt care.

If she had a work permit and if she is working and you apply for a change of conditions to extend her stay, she will need to pay restoration of status, she will have to stop working (as she is changing her status from wotker as a visitor) and if she is approved, she can extend her health care.

If her application is refused, she can stay in canada without status until a decision is made on the sponsorship and she won't be able to extend her Alberta Health care, same situation as she is now.

Good luck !

 

[shyla36]

Was she on a visitor visa or a work permit ?

If she had a visitor's visa, is better to apply for an extension as a visitor and pay restoration of status in order to extend her Alberta healt care.

If she had a work permit and if she is working and you apply for a change of conditions to extend her stay, she will need to pay restoration of status, she will have to stop working (as she is changing her status from wotker as a visitor) and if she is approved, she can extend her health care.

If her application is refused, she can stay in canada without status until a decision is made on the sponsorship and she won't be able to extend her Alberta Health care, same situation as she is now.

Good luck !

If her visitor's visa is refused but as she said she submitted an owp along with the inland app, wouldnt she still have implied status as she is still awaiting for the result of that? So not really " no status" ?

 

[susana]

If her visitor's visa is refused but as she said she submitted an owp along with the inland app, wouldnt she still have implied status as she is still awaiting for the result of that? So not really " no status" ?

The implied status is given when you submit an application to extend yor stay or apply for the owp with the inland application, the tricky part is if she was working, she can continue working under the same condition if an application for an open wp is submitted....BUT if she applies for a new extension as a visitor, she looses the previuos statua as a worker , the implied status for the previous work permit doesn't longer exists as with the second application she is changing her status from worker to visitor....

 

[amjad3126]

Was she on a visitor visa or a work permit ?

If she had a visitor's visa, is better to apply for an extension as a visitor and pay restoration of status in order to extend her Alberta healt care.

If she had a work permit and if she is working and you apply for a change of conditions to extend her stay, she will need to pay restoration of status, she will have to stop working (as she is changing her status from wotker as a visitor) and if she is approved, she can extend her health care.

If her application is refused, she can stay in canada without status until a decision is made on the sponsorship and she won't be able to extend her Alberta Health care, same situation as she is now.

She enjoy the implied status by the end of this month. Currently she had Study permit till 30 sep.so if she apply for visitor or study permit extention before the deadline of 30 sep bc I have both options. Of I donot apply than only area I have to worried about her heath coverage bc than she automatically enjoyed implied status after 30 sep. Any suggestion about visitor or study permit extention.

Good luck !

 

[susana]

In order to extend her study permit she needs to enroll in school, if she won't enroll for school, your option is to apply to change the conditions of her stay as visitor and she cannot attend school any longer.