one-year pilot OWP for spouses and common-law partners

[MapleLeafMan]

AOR is just an Acknowledgement of Receipt. It just means that CIC received the application and that you have submitted the complete package for the Family Sponsorship and is in the queue of waiting to be processed.

AOR doesn't mean you are on implied status. You can double check this, because I was told by the CIC call centre agent that I have to wait till it is Approved in Principle (AIP) then I will have temporary resident status, and if my visitor visa expired before AIP then I would be out of status.

If I want to remain in status the whole time, then I have to submit OPW application together with my Inland Sponsorship before my visitor visa expires. This way I will be on implied status as I am waiting for a reply from CIC about my application to OPW.

You have implied status as soon as you have submitted the application and your current visa expires.
When the intial assessment is don't, AIP, you have temporary residency.
When the final stage of the application is done, you have permanent residency.
Even if implied status is a 100% legal status, it is not considered temporary residency in that sense.

 

[screech339]

You have implied status as soon as you have submitted the application and your current visa expires.
When the intial assessment is don't, AIP, you have temporary residency.
When the final stage of the application is done, you have permanent residency.
Even if implied status is a 100% legal status, it is not considered temporary residency in that sense.

Again, you are incorrect. Sending an PR inland application alone with no OWP or Visa extension with the application does not give you "implied status".

 

[MapleLeafMan]

Aha...that explains why your lawyer said you were not eligible (maybe).

if you sent the Inland application in for sponsorship but did NOT include the OWP , or apply to extend your visitor visa...you do NOT have implied status.

Sending the sponsorship application alone does NOT give the applicant implied status.

You may now be out of status completely!

Are you kidding me?

 

[Ponga]

You have implied status as soon as you have submitted the application and your current visa expires.
When the intial assessment is don't, AIP, you have temporary residency.
When the final stage of the application is done, you have permanent residency.
Even if implied status is a 100% legal status, it is not considered temporary residency in that sense.

That is not true. The Inland sponsorship application alone does NOT give you implied status.

Turst me on this!

 

[beholder69]

No there is nothing recieved yet, not even an AOR which my lawyer
says is normal. However, we have proof from Canada post that the application was delivered before these 6 month expired and they also charged our credit card for the fee. So yes, Implied status...but my lawyer says this program doesn't apply for people with implied status.

Your experienced lawyer is wrong, which doesn't really surprise me considering all the wrong advice that has been given to lots of people by immigration lawyers. First of all it's a fully legal status, they should know that without any shadow of a doubt. Apart from that, many people with implied status have already received their OWP by this pilot program, including myself.

Now the tricky part is whether you actually have implied status or not. You do get it if you sent an OWP application along with your PR. If not, then you do not have implied status just from your PR application.

EDIT: just saw the last answers and that you didn't send an OWP with your PR app. As the others said, you have no implied status. So your lawyer's statement is correct, that you do not benefit from the pilot program, even though the reason was wrong (it's due to not having status at all)

 

[Ponga]

Your experienced lawyer is wrong, which doesn't really surprise me considering all the wrong advice that has been given to lots of people by immigration lawyers. First of all it's a fully legal status, they should know that without any shadow of a doubt. Apart from that, many people with implied status have already received their OWP by this pilot program, including myself.

Now the tricky part is whether you actually have implied status or not. You do get it if you sent an OWP application along with your PR. If not, then you do not have implied status just from your PR application.

It sounds like the lawyer is in fact correct. This person does not qualify because they are out of status, which is not the same as having implied status.

The OP was hoping that s/he had implied status, which they do not.

 

[beholder69]

It sounds like the lawyer is in fact correct. This person does not qualify because they are out of status, which is not the same as having implied status.

The OP was hoping that s/he had implied status, which they do not.

Yeah, edited my reply already, as I saw the last replies after I had posted it 8)

 

[MapleLeafMan]

It sounds like the lawyer is in fact correct. This person does not qualify because they are out of status, which is not the same as having implied status.

The OP was hoping that s/he had implied status, which they do not.

No, my lawyers has been telling me on multiple occasions that I do have implied status. I even have it in email conversation. Several times she has confirmed that I have implied status. When I asked her about this program, she said that this program doesn't apply to people with implied status, and therefore it doesn't apply to me.

 

[beholder69]

No, my lawyers has been telling me on multiple occasions that I do have implied status. I even have it in email conversation. Several times she has confirmed that I have implied status. When I asked her about this program, she said that this program doesn't apply to people with implied status, and therefore it doesn't apply to me.

Unfortunately she's wrong on both. Email conversations with a lawyer don't mean anything to CIC I'm afraid

 

[queenpies]

You have implied status as soon as you have submitted the application and your current visa expires.
When the intial assessment is don't, AIP, you have temporary residency.
When the final stage of the application is done, you have permanent residency.
Even if implied status is a 100% legal status, it is not considered temporary residency in that sense.

Just by sending the PR application does not mean that you have implied status.

Did your lawyer tell you that YOU have implied status or was it from your part?

And Ponga is right. You might very well be out of status already. If it is your experienced lawyer who told you that you are certainly on implied status, or the lawyer did not suggest you to send in OPW together with the sponsorship application, I would ask that lawyer why.

- EDIT -

No, my lawyers has been telling me on multiple occasions that I do have implied status. I even have it in email conversation. Several times she has confirmed that I have implied status. When I asked her about this program, she said that this program doesn't apply to people with implied status, and therefore it doesn't apply to me.

I am sorry, but your lawyer is wrong. Really.

 

[MapleLeafMan]

Unfortunately she's wrong on both. Email conversations with a lawyer don't mean anything to CIC I'm afraid

How is this possible? This is the senior lawyer of a very reputable immigration firm.
You are saying since my lawyer never told me I had to apply for a work permit at the same time, my status is not implied?

 

[MapleLeafMan]

Just by sending the PR application does not mean that you have implied status.

Did your lawyer tell you that YOU have implied status or was it from your part?

And Ponga is right. You might very well be out of status already. If it is your experienced lawyer who told you that you are certainly on implied status, or the lawyer did not suggest you to send in OPW together with the sponsorship application, I would ask that lawyer why.

It wasn't me, my lawyer has written and told me in person that I have implied status.
What will this mean to our file?

 

[Ponga]

There is someone who submitted in May 2014 and had her AOR in August 2014. My application was received in April 2014, I had my AOR in August 2014. It is normal, though, for people to not receive AOR.

I think you really have to check with your lawyer if that is certainly "implied status" or call the CIC call centre to double check. I highly doubt it is implied status.

You can refer to this guide:

http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp#appendixA

The guide was updated in late September 2014 and now says:

Maintaining legal status

Spouses and common law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are required to have legal immigration status in order to qualify under the Spouse or Common-law partner in Canada class.

The previous version of the guide indicated that a person did not need legal status, provided they had an eligible sponsor.

It's possible that CIC will not allow a person without status (that applied after September 2014) to be be approved. They changed the requirement in the guide for a reason, but nobody seems to know why, or when it takes effect.

 

[rhcohen2014]

How is this possible? This is the senior lawyer of a very reputable immigration firm.
You are saying since my lawyer never told me I had to apply for a work permit at the same time, my status is not implied?

because it's not the immigration lawyer's life on the line, so they don't bother to understand the rules. there are lawyers who also tell people they have no choice but to apply inland just because they are in canada, when the inland guide says the exact opposite. just because a lawyer wears fancy clothes, has a fancy degree and fancy status doesn't mean they know what they are talking about.

it is not the fancy lawyer who CIC or CBSA will be coming after if caught being out of status. ask the many people who have to deal with this issue how much help their lawyer actually has been. CIC certainly isn't going to care what your attorney advises, they will only care about the laws they are bound to enforcing.

with that said, if you are out of status, it doesn't necessarily negatively affect your approval. no one can really tell you for sure what will happen. if you're not reported as out of status, there is a good chance CIC or CBSA will never find out. it just means you are not eligible for the owp pilot program.

 

[queenpies]

How is this possible? This is the senior lawyer of a very reputable immigration firm.
You are saying since my lawyer never told me I had to apply for a work permit at the same time, my status is not implied?

Unfortunately, this senior lawyer is wrong. You do not have implied status.

I understand how you feel. I was in your position before, I went to a place recommended by the CIC call centre agent to fill in my first OPW application and that consultant didn't know which was which resulting my first OPW to be rejected and he would have caused me to be misrepresenting myself too. Luckily I did not misrepresent myself.