Physical Presence

[Nilz]

Hello,
I have three questions related to my immigration situation, and I would greatly appreciate your assistance.

Firstly, I applied for an extension of my Open Work Permit on August 19, 2020. Unfortunately, my application was rejected on November 30, 2020, as my spouse, who held a Post Graduation Work Permit, was unable to secure a "skilled" job, a prerequisite for my application.
1- Is it possible to consider this period as implied status?

Following the rejection on November 30, I waited, and then on January 30, I applied to restore and obtain a Visitor Visa.
2- I assume this time cannot be included in the physical presence calculator, correct?

Lastly, on January 30th, I submitted an application for a visitor visa, which was approved on April 28, 2021.
3- Can the duration of this stay be included in the Physical Presence calculator?

Thank you in advance.

 

[forw.jane]

Hello,
I have three questions related to my immigration situation, and I would greatly appreciate your assistance.

Firstly, I applied for an extension of my Open Work Permit on August 19, 2020. Unfortunately, my application was rejected on November 30, 2020, as my spouse, who held a Post Graduation Work Permit, was unable to secure a "skilled" job, a prerequisite for my application.
1- Is it possible to consider this period as implied status?

Following the rejection on November 30, I waited, and then on January 30, I applied to restore and obtain a Visitor Visa.
2- I assume this time cannot be included in the physical presence calculator, correct?

Lastly, on January 30th, I submitted an application for a visitor visa, which was approved on April 28, 2021.
3- Can the duration of this stay be included in the Physical Presence calculator?

Thank you in advance.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/how-to-record-implied-status-in-physical-presence-calculator.678656/post-8491889

 

[dpenabill]

I have three questions related to my immigration situation, and I would greatly appreciate your assistance.

Firstly, I applied for an extension of my Open Work Permit on August 19, 2020. Unfortunately, my application was rejected on November 30, 2020, as my spouse, who held a Post Graduation Work Permit, was unable to secure a "skilled" job, a prerequisite for my application.
1- Is it possible to consider this period as implied status?

Following the rejection on November 30, I waited, and then on January 30, I applied to restore and obtain a Visitor Visa.
2- I assume this time cannot be included in the physical presence calculator, correct?

Lastly, on January 30th, I submitted an application for a visitor visa, which was approved on April 28, 2021.
3- Can the duration of this stay be included in the Physical Presence calculator?

I am not current with the specifics in regards to implied status, but given problems getting credit for periods of implied status, the safe approach is to NOT rely on credit for it.

But it can still be included in the presence calculation. In particular, for those who are confident they had implied status for a particular period of time, even though they do not rely on credit for that period of time (so they wait to apply as if that time was not included), they can still include it in the actual physical presence calculator information . . . so it will show and add to the total credit. But the applicant should be applying with a margin that will easily cover that PLUS some.

That is, if the applicant is including a total credit of 65 days based on 130 days of presence in Canada with implied status, best to apply with at least 1190 or so days credit (enough to cover not getting the 65 days credit plus an extra margin of 30 or so days, noting many here suggest a week or ten days is good enough).

That said, HOWEVER, to do that the PR should be confident they had implied status. While I am not up-to-date on implied status rules, and I am NO expert, given that the application to extend the OWP was denied, probably better to not claim status past the date the OWP actually expired. And not claim any status UNTIL the date the visitor visa was granted, using the date stated in the visa or notice of its approval.

The period of time in Canada as a temporary resident with visitor status counts, but here too what is important is that there is official documentation of the status. A visitor visa is formal documentation which should be verifiable in your GCMS records. So you can and should declare status (and respective presence) for the period beginning when the visitor visa was issued and you were present in Canada, until the date that visa expired (or ended because you obtained other status before it expired).