To answer your original question: yes, there is such a thing as "implied status" when you apply outland - but I'm not sure what your understanding of "implied status" is, so I'll clarify. "Implied status" is about the time between when someone with valid
temporary status (an unexpired visitor permit, work permit, or study permit) submits an application to extend that status, and when they finally receive notification of the decision on that application. So, for example, someone is in Canada with a visitor permit and they apply to extend it - they have "implied status" to remain in Canada under the terms of their original visitor permit ("ignoring" the expiration date) until they receive a decision on the extension application, either a new visitor permit or a refusal and notification to leave Canada.
When someone is being sponsored for PR and they are in Canada with temporary status, they still need to apply to extend that status when it's due to expire. An application submitted for PR does not give someone temporary status. If an applicant is being sponsored inland, they include the extension application WITH the inland PR ap - and, as long as the applications are received BEFORE their temporary status expires, they benefit from "implied status" to continue in Canada under the terms of their original temporary status until the first stage of assessment is completed on their PR ap. Since this is currently taking close to one year, that can be a valuable asset if someone is in Canada with a study or work permit - it
extends the original work or study permit (and allows the person to continue to work or study under their original conditions) until such time as first stage is assessed and a new status document is issued. The status issued after first stage approval would be whatever was requested in the extension ap - usually either an Open Work Permit or a new study permit. Someone with valid visitor status is also able to request an Open Work Permit (or study permit if they want to) to be issued immediately upon first stage approval - but their "implied status" while waiting for first stage is still just as a visitor. They can't begin to work until the OWP is issued, whereas someone in Canada with a restricted work permit that hadn't expired would be able to continue working for that employer at that job until they got first stage and their OWP. Then they could work for anybody.
An outland applicant can also apply to extend their temporary status (separately from the PR ap) with approval being supported by proof of the qualifying relationship and a sponsorship application in process BUT an outland applicant is not eligible to extend a work or study permit based on the PR ap in process. They would have to apply to change their conditions to tourist/visitor in order to stay, and would have to stop working or studying when their original permit expired - although they would still benefit from "implied status" to stay in Canada as a
visitor until a decision was made on the extension ap. Your situation is complicated by the fact that you are in Canada on a working holiday visa, and it's my understanding that WHVs are not eligible to be extended, so you would either have to change your status to visitor, or (as you mentioned) get a positive LMO and CAQ and apply separately for a restricted work permit in order to continue working.
Iim said:
The plan now is to get a LMO/CAQ from work, apply for a work permit and at the same time send the applicaiton in for PR. My current permit runs out in August.
But be careful! You can't do that by including that application with your inland PR ap - which I think you're saying here. You'd have to get the positive LMO/CAQ, and then apply for a regular work permit through your overseas embassy. If you were successful in getting a new work permit,
then you could apply for inland PR and include the extension for that permit with an inland PR ap to be able to continue working under it until the completion of first stage assessment. But since you have a WHV that is valid until next August - I don't get the impression you're intending to wait that long to apply for PR. Either way, you should never apply inland while waiting for a WP application to be processed because there is no way to then notify CIC of your new status, and they could end up thinking you don't have valid temporary status and that would really mess with your inland processing. You have to have the valid status already, and include the extension to it with the inland ap.
You don't say which country you're from - at least I didn't notice if you did - so, in deciding whether to apply inland or outland, you might also consider whether having to travel home for an interview (
if one is even required) is a deal breaker for you. Remember, though, that inland applicants have no right to appeal a refusal, and you're bound to stay in Canada for the duration of processing (up to 18 months) or you risk forfeiting the application if you have to leave the country and can't get back in.
How soon are you eligible to be sponsored? If you're eligible now and your current working holiday visa doesn't expire until August 2012, you have quite a bit of time to get along in an outland sponsorship process before you have to look at changing your temporary status and being without an income - so, depending on which overseas office would process an outland application for you, if you're eligible now you could easily apply outland, continue working in Canada under your WHV while the ap was processing, and then just wait out the remainder of your processing as a visitor if you're not finalized before your WHV expires in August. If an interview was required, you could attend and chances are good you'd get back into Canada by virtue of your WHV, but your outland application would be safe - and would continue processing to completion - even if you did not stay in Canada or could not return.
