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Moving out of Canada under implied status for 1 week

rich_vir_k

Newbie
Aug 6, 2017
6
0
Dear Friends

I am Principal applicant sponsoring my spouse (wife) for Canada PR. I have applied for spouse sponsorship Canada (In land) and simultaneously applied for her open work permit. She has been on visitor visa earlier but the six month stay period allowed on visitor visa has expired (But Visitor Visa is still valid for 3 years and is right now in the passport). Now she is staying in Canada under implied status.

We need to very urgently visit India for 1or 2 weeks and it can not be avoided. Now under implied status:
1. Can we (especially the spouse) leave Canada?
2. Can she re-enter Canada after 1 or 2 weeks? I can obviously enter.
3. Will her original visitor visa (3 years) still be valid during re-entry to Canada (as she left Canada under implied status)? Will implied status violate or make already existing visitor visa in-effective and not-usable for re-entry?
4. Will her open work permit and PR sponsorship application be disturbed by our ~1-2 weeks visit to India?

Thanks in advance.
 

scylla

VIP Member
Jun 8, 2010
96,975
22,911
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
Dear Friends

I am Principal applicant sponsoring my spouse (wife) for Canada PR. I have applied for spouse sponsorship Canada (In land) and simultaneously applied for her open work permit. She has been on visitor visa earlier but the six month stay period allowed on visitor visa has expired (But Visitor Visa is still valid for 3 years and is right now in the passport). Now she is staying in Canada under implied status.

We need to very urgently visit India for 1or 2 weeks and it can not be avoided. Now under implied status:
1. Can we (especially the spouse) leave Canada?
2. Can she re-enter Canada after 1 or 2 weeks? I can obviously enter.
3. Will her original visitor visa (3 years) still be valid during re-entry to Canada (as she left Canada under implied status)? Will implied status violate or make already existing visitor visa in-effective and not-usable for re-entry?
4. Will her open work permit and PR sponsorship application be disturbed by our ~1-2 weeks visit to India?

Thanks in advance.
1. There is nothing stopping you from leave Canada. Yes - you can certainly leave.
2. It will be up to the CBSA officer if she is allowed back into Canada. Chances are extremely high she should be - however not guaranteed.
3. She will lose her implied status as soon as she leaves Canada. Assuming her visitor visa is a multiple-entry visa, then it will certainly still be valid and she can use it to re-enter Canada. If the TRV she received was single entry only, she will need to apply for a new TRV to re-enter Canada.
4. No disruption.
 

rich_vir_k

Newbie
Aug 6, 2017
6
0
1. There is nothing stopping you from leave Canada. Yes - you can certainly leave.
2. It will be up to the CBSA officer if she is allowed back into Canada. Chances are extremely high she should be - however not guaranteed.
3. She will lose her implied status as soon as she leaves Canada. Assuming her visitor visa is a multiple-entry visa, then it will certainly still be valid and she can use it to re-enter Canada. If the TRV she received was single entry only, she will need to apply for a new TRV to re-enter Canada.
4. No disruption.
Thank you!