Rejection During Implied Status

[PHL2]

Hey,

I am applying for PR through common law status. I am current in Canada with a student visa. I have two questions.

1) Can I stay in Canada while my application is processed, regardless of my student visa expiring soon? - I think this is a yes, but just wanted to be sure.

2) If yes, and my application gets rejected during implied status, (considering my student visa expired) or there is documentation missing etc, how long do I have before I can just apply for the extension of my student visa? Or do I have to leave right away? Is there some sort of grace period?

Thank you so much!

 

[aerogurl87]

1) Yes, you'll be fine as long as your application has already been sent before your status as a student expires. In the meantime, get yourself a visitor record just so you have tangible proof of your implied status.

2) Also if your application gets rejected and your student visa has been expired for 90 days (I think???) then you will have to leave as soon as possible if you don't have a visitor record. I'm not sure if they will give you an exact timeline, but to be on the safe side you should get the visitor record. Unless your student visa is up to date, then you will be automatically out of status with a rejection.

 

[Creampop]

A Visitor's record and "implied" status are 2 completely different things so getting a VR doesn't prove your implied status it proves your a visitor so, getting a visitors record defeats the purpose of "implied" status... if you get a visitor's record you will then have visitors status for as long as the VR says... if you file an in-land application before your student visa expires then you have implied status until a decision is made on the in-land application. if you get a VR while on "implied" status then the VR becomes the legal document and if it only gives you 6 months then you must apply and hope to get a new VR or leave making your in-land application null in void. You have 90 days to extend your student visa, if the in-land application is denied you must leave with-in the time frame they give you. as far as proof to your implied status, keep your student visa even after it's expired it will show when it expired, proof of when you mailed in your application showing it was before the student visa expired and you have tangible proof of "implied" status. Good Luck!

 

[Harju]

You do not get implied status by filing an inland PR application in itself. You must file an open work permit application with the PR applicaton. If you are not filing your PR application before your study visa expires you should apply for a visitor permit otherwise you will be out of status. However, CIC does not remove out of status spouses if they have filed an inland application as long as they have an eligible sponsor and are not otherwise inadmissible. Filing out of status may or may not slow your application based on other threads I've seen.
The best way is to get the PR application and OWP application filed before the study permit expires.

If you are filing outland then you should request a visitor permit before your study permit expires. Ask for one year and hopefully you get your PR before that expires.

 

[PHL2]

I am very confused. So first off, I don't have implied status if I applied for PR inland? I have to also apply for an extension for my existing visa as well? Does that have to be done before it expires or is there a grace period after as well?

Also, I put a stamp on my PR application and put it in the mailbox, I don't really have any paper saying I already applied. The application itself and the documents were all dated close to when I sent it. That's the only thing I can think of. How do I prove that I applied already? There were a couple things I forgot to send in, but on the website it says that you don't need to send it all at once.

 

[RajaJi]

Official Definition
http://www.cic.gc.ca/english/helpcentre/glossary.asp#i

Implied status:
If a visitor, student or temporary worker applies to extend their status, prior to the expiry of that status, they may legally remain in Canada until a decision is made on the application. In this situation, the person has implied status.


So, you must extend your student visa if you want to stay in Canada as a student. You will have implied status till a decision is made on extension of your student visa