INLAND APPLICATIONS 2015

[Ponga]

Spoke to my lawyer - he confirmed that once we apply for PR from within Canada - the status is implied till the time a decision has been made. No further visa extention is required till the time CIC gives a decision. Please confirm if this is the correct understanding?

Uh...your lawyer is flat out wrong.

The only way for an Inland applicant to get Implied Status, is if they include an Open Work Permit with the Inland application. If the applicant has legal status on the day that CIC receives the application(s), the applicant will be covered under implied status.

If a person submits the above and does NOT have legal status, they will not qualify for the OWP and will NOT have Implied Status.


Since you said that your visa expired on July 7th, there is no possible way for you to restore your status from within Canada.

 

[malikhashmi]

Uh...your lawyer is flat out wrong.

The only way for an Inland applicant to get Implied Status, is if they include an Open Work Permit with the Inland application. If the applicant has legal status on the day that CIC receives the application(s), the applicant will be covered under implied status.

If a person submits the above and does NOT have legal status, they will not qualify for the OWP and will NOT have Implied Status.


Since you said that your visa expired on July 7th, there is no possible way for you to restore your status from within Canada.



My visa expired on 7th July - however I would have valid status for 6 months thereafter (so till December 2015). I applied for OWP and PR together and sent in the application on 31st July - while I have the status of visitor visa (and implied status since application has been sent).

Does this make sense to all?

 

[km9203]

Uh...your lawyer is flat out wrong.

The only way for an Inland applicant to get Implied Status, is if they include an Open Work Permit with the Inland application. If the applicant has legal status on the day that CIC receives the application(s), the applicant will be covered under implied status.

If a person submits the above and does NOT have legal status, they will not qualify for the OWP and will NOT have Implied Status.


Since you said that your visa expired on July 7th, there is no possible way for you to restore your status from within Canada.

Didn't read the full question. I thought the poster was asking in general if they could get implied status with inland.

 

[Ponga]

My visa expired on 7th July - however I would have valid status for 6 months thereafter (so till December 2015). I applied for OWP and PR together and sent in the application on 31st July - while I have the status of visitor visa (and implied status since application has been sent).

Does this make sense to all?

If your visa expired on July 7th, what makes you think that you had an extra 6 months? You don't get an extra 6 months `free' beyond the day that a visa expires!

You were out of status on the morning of July 8th.

 

[screech339]

My visa expired on 7th July - however I would have valid status for 6 months thereafter (so till December 2015). I applied for OWP and PR together and sent in the application on 31st July - while I have the status of visitor visa (and implied status since application has been sent).

Does this make sense to all?

Your TRV visa expire date was July 7th as it is written on your TRV in your passport, if I am reading you right. As long as you entered Canada before July 7th, your visitor status is good for 6 months max, regardless of when your TRV expires after you entered Canada. However if you left Canada, you would require to get a new TRV visa to re-enter Canada. You could legally enter Canada on July 6th, the day before your TRV visa expires and maintain visitor status until Jan 6th at the latest.

To confirm your question, when did you actually enter Canada? Once you confirm the date on which you entered Canada, we can confirm whether you have legal status in Canada when you submitted your application.

 

[malikhashmi]

If your visa expired on July 7th, what makes you think that you had an extra 6 months? You don't get an extra 6 months `free' beyond the day that a visa expires!

You were out of status on the morning of July 8th.

According to CIC:
"The expiry date on the TRV is the date by which the visa must be used to seek admission into Canada. If the visa is not used on or before that date, it ceases to be valid.

The validity date is NOT the suggested duration of the visit. At the port of entry examination, CBSA officers determine the length of time temporary residents are authorized to stay in Canada.

Typically, when officers are satisfied that the foreign nationals are admissible, entry is granted for a six-month period, unless they hold a Parent and Grandparent Extended Stay Temporary Resident Visa (PG-1 or letter of introduction from the visa office), in which case, entry may be granted for up to 2 years"

You are correct - I could enter on or before 7th July and not a date later. But after I have entered, i would be legally entitled to stay on for 6 months.

 

[Ponga]

Your TRV visa expire date was July 7th, if I am reading you right. As long as you entered Canada before July 7th, your visitor status is good for 6 months max, regardless of when your TRV expires after you entered Canada. However if you left Canada, you would require to get a new TRV visa to re-enter Canada. You could legally enter Canada on July 6th, the day before your TRV visa expires and maintain visitor status until Jan 6th at the latest.

To confirm your question, when did you actually enter Canada? Once you confirm the date on which you entered Canada, we can confirm whether you have legal status in Canada when you submitted your application.

If only the OP would have said that this was a TRV!

FFS!

 

[malikhashmi]

Your TRV visa expire date was July 7th as it is written on your TRV in your passport, if I am reading you right. As long as you entered Canada before July 7th, your visitor status is good for 6 months max, regardless of when your TRV expires after you entered Canada. However if you left Canada, you would require to get a new TRV visa to re-enter Canada. You could legally enter Canada on July 6th, the day before your TRV visa expires and maintain visitor status until Jan 6th at the latest.

To confirm your question, when did you actually enter Canada? Once you confirm the date on which you entered Canada, we can confirm whether you have legal status in Canada when you submitted your application.

Thanks for your note. I legally entered Canada on 19th June, visa expired on 7th July and sent in completed OWP and PR application on 31st July

 

[malikhashmi]

If only the OP would have said that this was a TRV!

FFS!

Ops! My bad. Yes I entered Canada on a temporary resident visa (visitor visa).

 

[screech339]

Thanks for your note. I legally entered Canada on 19th June, visa expired on 7th July and sent in completed OWP and PR application on 31st July

Then you would have implied status when you submitted PR and OWP since your visitor status was legal at the time. Length of visitor status in Canada is not the same as the actual TRV in your passport. The length of TRV (10 years max) in passport is the length of validity of your visa that allow you to TRAVEL to Canada. Once the border let you inside, your max visitor status stay is 6 month.

 

[Ponga]

Thanks for your note. I legally entered Canada on 19th June, visa expired on 7th July and sent in completed OWP and PR application on 31st July

Then you'll be fine...as long as your application isn't returned because of an outdated form, missing signature(s), or incorrect amount paid for the OWP (which is $255).

 

[hollyboo]

Hi all!!

Got my OWP today!!!

Application applied on July 28th

AOR(Email) Oct 21st

I had underpaid my OPW fee same as many people here, after I realized, I paid $100 and sent the receipt with explanation letter and the other two receipt I made before together to the office. And now I got the OWP valid until 2017 October.

I would suggest you to submit your application earlier so you have plenty of time to wait for CIC contact you in case of any incomplete material. I've been worrying during these months because my old work permit it's expired and I'm on Implied status. I would've lost my job if CIC return my OWP application. It's lucky that I got it extended, and I learned that I should have prepare this earlier instead of doing nothing until my work permit it's getting expired.

Anyway, hope everyone good luck with their application!!!

 

[map76]

We sent the apps exactly the same date and i'm from South Korea too!


Application sent : September 22 2015
Application received: Sepetmber 23 2015
Medicals: Sent with application
Criminal Check: Sent with application
OWP application: Sent with PR application
Current Residence:Vancouver
Country of Origin: South Korea

Hahaha...that's awesome. Good luck with your application! ^^

 

[zeloyyy]

That is so good to hear! Congrats!
I'm on the same page, I'm working with the implied status, still have to wait 2+ months to get my visa extended but yea waiting game has just begun!
All the best luck and thanks for sharing.

Hi all!!

Got my OWP today!!!

Application applied on July 28th

AOR(Email) Oct 21st

I had underpaid my OPW fee same as many people here, after I realized, I paid $100 and sent the receipt with explanation letter and the other two receipt I made before together to the office. And now I got the OWP valid until 2017 October.

I would suggest you to submit your application earlier so you have plenty of time to wait for CIC contact you in case of any incomplete material. I've been worrying during these months because my old work permit it's expired and I'm on Implied status. I would've lost my job if CIC return my OWP application. It's lucky that I got it extended, and I learned that I should have prepare this earlier instead of doing nothing until my work permit it's getting expired.

Anyway, hope everyone good luck with their application!!!

 

[Ponga]

That is so good to hear! Congrats!
I'm on the same page, I'm working with the implied status, still have to wait 2+ months to get my visa extended but yea waiting game has just begun!
All the best luck and thanks for sharing.

What type of work permit did you have and when did it expire?

If it was PGWP or IEC, continuing to work before your receive the OWP could be a problem.