Spousal Sponsorship - Implied Status

[felipeoxavier]

Hi everyone,

I am sponsoring my wife to become a permanent resident.
She came to Canada last year on a study/work permit for a co op program in a private college.
Her permit expires on May 6, we are planning on submitting her PR/OWP application by the end of March.
We have been getting a lot of conflicting information in regards to whether she gets implied status or not while her application is being processed.
We heard from a consultant she would have to apply for an extension to stay in Canada as a tourist until she gets her OWP.
How does that work? Do we really need to apply for the extension or does he get implied status? Can she work while we are waiting for her to get the OWP?

All the help is much appreciated as we are kind of freaking out and are very unsure as to what we should next

 

[canuck_in_uk]

Hi everyone,

I am sponsoring my wife to become a permanent resident.
She came to Canada last year on a study/work permit for a co op program in a private college.
Her permit expires on May 6, we are planning on submitting her PR/OWP application by the end of March.
We have been getting a lot of conflicting information in regards to whether she gets implied status or not while her application is being processed.
We heard from a consultant she would have to apply for an extension to stay in Canada as a tourist until she gets her OWP.
How does that work? Do we really need to apply for the extension or does he get implied status? Can she work while we are waiting for her to get the OWP?

All the help is much appreciated as we are kind of freaking out and are very unsure as to what we should next

If she submits the PR/OWP app before May 6th, she will have Implied Status after expiry. However, she will NOT be allowed to work after expiry until the OWP is actually approved.

If the PR and/or OWP app is returned while she is on Implied Status, she will be out of status. This is why many people apply for a visitor extension as a backup. If she applies for the visitor extension before May 6th and the PR/OWP app is returned after that, she would still have valid Implied Status from the visitor app.

 

[felipeoxavier]

If she submits the PR/OWP app before May 6th, she will have Implied Status after expiry. However, she will NOT be allowed to work after expiry until the OWP is actually approved.

If the PR and/or OWP app is returned while she is on Implied Status, she will be out of status. This is why many people apply for a visitor extension as a backup. If she applies for the visitor extension before May 6th and the PR/OWP app is returned after that, she would still have valid Implied Status from the visitor app.

Thank you @canuck_in_uk !!

Would the fact that she would possibly have 3 different applications being processed at the same time not be an issue? To apply for the visitor extension, would we just do it online as any other application? Do we need any special supporting documents to prove that the reason we are trying to get the extension in the first place is because we will be applying for her PR?

 

[canuck_in_uk]

Thank you @canuck_in_uk !!

Would the fact that she would possibly have 3 different applications being processed at the same time not be an issue? To apply for the visitor extension, would we just do it online as any other application? Do we need any special supporting documents to prove that the reason we are trying to get the extension in the first place is because we will be applying for her PR?

No, not an issue.

Yes, apply online. Include proof of the PR app and state why she is applying for the visitor extension. Don't apply for the extension until close to status expiry.

 

[felipeoxavier]

No, not an issue.

Yes, apply online. Include proof of the PR app and state why she is applying for the visitor extension. Don't apply for the extension until close to status expiry.

Do we get any proof from the PR app right after we submit it? I heard it can take up to 3 months for IRCC to send you a confirmation of reception for your application.

 

[canuck_in_uk]

Do we get any proof from the PR app right after we submit it? I heard it can take up to 3 months for IRCC to send you a confirmation of reception for your application.

Your proof is the fee receipt or postal tracking showing delivery.

 

[helenaD]

IF an IEC permit holder applies for spousal sponsorship and OWP, and is on 'implied' status as a worker until they get a reply about that OWP -wouldn't the submission of the visitor status application, not then negate their 'implied status' as a worker. Since they applied for a 'different type' of permit. what is the advantage of submitting this concurrent application in this case? IF by any chance the OWP is denied, they can apply for restoration as a visitor online. Any clarity on whether having concurrent applications for different 'status' affects the validity of the 'implied' status. IRCC have strongly discouraged concurrent applications, in order to reduce unnecessary clogging up of system, and this is surely why there is 'implied' and option to 'restore status' within 90 days - I'm at a loss at to why an applicant (with working status) needs this second application at all?
@canuck_in_uk - could you clarify?