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

[canuck_in_uk]

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?

I suggest you ask your lawyer for a refund.

 

[queenpies]

I suggest you ask your lawyer for a refund.

Definitely! Go ask for a refund!!! This is really infuriating that there are people out there who say crap that is not true to people genuinely asking for help.

 

[beholder69]

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?

I've heard much worse from lawyers and not talking just in the forum but in person as well, since my line of work involves handling immigration documents, so have talked with many people in similar situations, trust me on that.

You get implied status by sending the application to change your status as a visitor/worker (the one we call OWP app in our case) before your previous status expired. You have implied status until a decision is reached on that application, so basically until OWP is granted. A PR application does not give you any status at all.

And as I told you before, many people received OWP from the pilot program while on implied status and I'm one of them.

 

[MapleLeafMan]

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.

I found this in CIC website: "If you want to extend your stay in Canada, you must apply to do so. Check your temporary resident status to make sure you apply before the expiry date. This will be on your study or work permit, the stamp in your passport or, if you do not have a stamp in your passport, 6 months from the day you entered Canada. You should apply 30 days before your status expires to:

extend your visitor, student or work status,
change your permit type (for example, from a study permit to a work permit) or
change your permit condition(s) (for example, if you are studying and you want to change schools, or if you are working and you want to change jobs).
Find out how to extend your stay as a visitor.

Implied status
If you apply to extend your permit, and your visitor visa expires while you are waiting for a decision, you still have temporary resident (visitor) status. This is known as implied status."

 

[orotibash]

I've heard much worse from lawyers and not talking just in the forum but in person as well, since my line of work involves handling immigration documents, so have talked with many people in similar situations, trust me on that.

You get implied status by sending the application to change your status as a visitor/worker (the one we call OWP app in our case) before your previous status expired. You have implied status until a decision is reached on that application, so basically until OWP is granted. A PR application does not give you any status at all.

And as I told you before, many people received OWP from the pilot program while on implied status and I'm one of them.

I agree with you. Based on my experience, i was on implied status too before until I applied for extension of stay as visitor/temp. res. and CIC grant my temporary res. status.

 

[queenpies]

I found this in CIC website: "If you want to extend your stay in Canada, you must apply to do so. Check your temporary resident status to make sure you apply before the expiry date. This will be on your study or work permit, the stamp in your passport or, if you do not have a stamp in your passport, 6 months from the day you entered Canada. You should apply 30 days before your status expires to:

extend your visitor, student or work status,
change your permit type (for example, from a study permit to a work permit) or
change your permit condition(s) (for example, if you are studying and you want to change schools, or if you are working and you want to change jobs).
Find out how to extend your stay as a visitor.

Implied status
If you apply to extend your permit, and your visitor visa expires while you are waiting for a decision, you still have temporary resident (visitor) status. This is known as implied status."

If you are not really sure, or you think we are not telling the truth, you can always call the CIC call centre at 1-888-242‑2100, Monday to Friday 8am to 4pm except stat. holidays.

 

[rhcohen2014]

I found this in CIC website: "If you want to extend your stay in Canada, you must apply to do so. Check your temporary resident status to make sure you apply before the expiry date. This will be on your study or work permit, the stamp in your passport or, if you do not have a stamp in your passport, 6 months from the day you entered Canada. You should apply 30 days before your status expires to:

extend your visitor, student or work status,
change your permit type (for example, from a study permit to a work permit) or
change your permit condition(s) (for example, if you are studying and you want to change schools, or if you are working and you want to change jobs).
Find out how to extend your stay as a visitor.

Implied status
If you apply to extend your permit, and your visitor visa expires while you are waiting for a decision, you still have temporary resident (visitor) status. This is known as implied status."

and? that doesn't prove you have implied status. you did not apply to change or extend your stay. you have applied for permanent residency, those are 2 different things. applying to extend your stay is an entirely different application and has nothing to do with Permanent residency. if it's still within 90 days of losing your status, you can apply to restore your status AND either apply for an OWP to get implied status OR apply to extend your stay as a visitor until your pr application is approved.

 

[beholder69]

I found this in CIC website: "If you want to extend your stay in Canada, you must apply to do so. Check your temporary resident status to make sure you apply before the expiry date. This will be on your study or work permit, the stamp in your passport or, if you do not have a stamp in your passport, 6 months from the day you entered Canada. You should apply 30 days before your status expires to:

extend your visitor, student or work status,
change your permit type (for example, from a study permit to a work permit) or
change your permit condition(s) (for example, if you are studying and you want to change schools, or if you are working and you want to change jobs).
Find out how to extend your stay as a visitor.

Implied status
If you apply to extend your permit, and your visitor visa expires while you are waiting for a decision, you still have temporary resident (visitor) status. This is known as implied status."

Exactly. That's the definition of implied status. Notice that it talks about an extension of temporary residency (work, study, visit) and not filing a PR application. A request to become a PR does not grant you temporary residency status, hence not providing implied status.

 

[Ponga]

I found this in CIC website: "If you want to extend your stay in Canada, you must apply to do so. Check your temporary resident status to make sure you apply before the expiry date. This will be on your study or work permit, the stamp in your passport or, if you do not have a stamp in your passport, 6 months from the day you entered Canada. You should apply 30 days before your status expires to:

extend your visitor, student or work status,
change your permit type (for example, from a study permit to a work permit) or
change your permit condition(s) (for example, if you are studying and you want to change schools, or if you are working and you want to change jobs).
Find out how to extend your stay as a visitor.

Implied status
If you apply to extend your permit, and your visitor visa expires while you are waiting for a decision, you still have temporary resident (visitor) status. This is known as implied status."

Here's how it works for people that are being sponsored:

You must include an OWP (or study permit) WITH your Inland application to have implied status.

OR

You must submit a visitor extension before your status expires, which gives implied status while you wait for a decision on the extension request.


Since you didn't do either of these, you don't have implied status. Does that help you understand?

 

[MapleLeafMan]

and? that doesn't prove you have implied status. you did not apply to change or extend your stay. you have applied for permanent residency, those are 2 different things. applying to extend your stay is an entirely different application and has nothing to do with Permanent residency. if it's still within 90 days of losing your status, you can apply to restore your status AND either apply for an OWP to get implied status OR apply to extend your stay as a visitor until your pr application is approved.

I can't get a hold of my lawyer. Is it possible they applied for extended stay or whatever at the same time as they sent the PR application?

 

[beholder69]

if it's still within 90 days of losing your status, you can apply to restore your status AND either apply for an OWP to get implied status OR apply to extend your stay as a visitor until your pr application is approved.

That's good advice to follow if you're within the 90 days timeframe, you'd have a good shot at getting back your legal status in Canada

 

[Ponga]

I can't get a hold of my lawyer. Is it possible they applied for extended stay or whatever at the same time as they sent the PR application?

If they say that they did, GET PROOF FROM THE LAWYER!

This is not free, so your lawyer would have added that fee to your bill for their service!

 

[beholder69]

I can't get a hold of my lawyer. Is it possible they applied for extended stay or whatever at the same time as they sent the PR application?

You could ask them and let's hope they did. If they did, then you'll also be eligible for the pilot program and will get your OWP. From what they've told you up to now though, I wouldn't get my hopes up

 

[rhcohen2014]

If they say that they did, GET PROOF FROM THE LAWYER!

This is not free, so your lawyer would have added that fee to your bill for their service!

and i'd imagine need you to sign a document? or is the attorney able to sign your name to documents without your consent or notifying you?

 

[Ponga]

You could ask them and let's hope they did. If they did, then you'll also be eligible for the pilot program and will get your OWP. From what they've told you up to now though, I wouldn't get my hopes up

But even if they did and this person does in fact have implied status, why would the lawyer have said that they were not eligible?

Because the lawyer probably never sent the extension and they know the person is now out of status!