***Question*** about Implied Status

[barsarah]

Hello everyone,

I am a Canadian citizen sponsoring my wife for a Permanent Residency under the Inland Spousal Sponsorship category. We sent our application along with an Open Work Permit application in September - two months prior to the expiration date of my wife's Study Permit and Visa.
We were under the impression that she has an Implied Status to stay in Canada during the process but now we are having a second thought and a bit of a panic attack after reading a post about someone's telephone conversation with CIC.
According to the CIC agent he spoke with, my wife should keep a legal status to stay in Canada during the PR process and needs a valid TRV for the entire duration, and the application for an OWP doesn't give her an Implied Status because my wife originally had a Study Permit, not Work Permit.
My wife's Study Permit and Visa is expiring today. Should we apply for a TRV?
We are confused and blaming ourselves for not doing enough study earlier. We could not find any information related to our case on the CIC website. We tried calling them multiple times at different hours last Thursday and Friday for a clarification but were not able to reach them.
Please advise.

 

[Wakki]

if you submitted the inland sponsorship and OWP application while the PA still had status (Study Permit and Visa) and the application package was received and deemed complete and you received AOR from IRCC (sometimes AOR is sent around 3 months).....the PA should have implied status.....so you have to hope that IRCC for whatever reason does not return the application package and ask for it to be re-submitted for whatever reason.......if your spouse does not have status when the application is re-submitted, the OWP will not be approved and no implied status......applicants are advised to apply for extension of their visa or permit to provide safety and remain in status if unexpectedly application is returned.......note: inland sponsorship will be processed if PA is out-of-status, but the included OWP will not be approved if PA is out-of-status

 

[canuck_in_uk]

Hello everyone,

I am a Canadian citizen sponsoring my wife for a Permanent Residency under the Inland Spousal Sponsorship category. We sent our application along with an Open Work Permit application in September - two months prior to the expiration date of my wife's Study Permit and Visa.
We were under the impression that she has an Implied Status to stay in Canada during the process but now we are having a second thought and a bit of a panic attack after reading a post about someone's telephone conversation with CIC.
According to the CIC agent he spoke with, my wife should keep a legal status to stay in Canada during the PR process and needs a valid TRV for the entire duration, and the application for an OWP doesn't give her an Implied Status because my wife originally had a Study Permit, not Work Permit.
My wife's Study Permit and Visa is expiring today. Should we apply for a TRV?
We are confused and blaming ourselves for not doing enough study earlier. We could not find any information related to our case on the CIC website. We tried calling them multiple times at different hours last Thursday and Friday for a clarification but were not able to reach them.
Please advise.

Hi

She has Implied Status. Don't rely on anything said by the Call Centre. She can apply online now to change her status as a visitor; many people do this as a back-up in case the PR and/or OWP apps are returned.

A TRV is completely irrelevant to the situation. It is an entry visa and has nothing to do with status in Canada.

 

[barsarah]

We are so relieved... thank you both!
We already received our AOR over 3 weeks ago and paid the full $255 OWP fee upfront. So I don't think it will be refused or returned.
Also while I have your attention, I was wondering if you could help us to figure out a few things that are unrelated to this thread. Please click on the link below:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/questions-about-non-accompanying-dependent.593217/