Status while waiting for PR

[andrijzip]

Hello,

My wife, who is Japanese, and I are waiting for her PR to be approved. She currently has a six-month visitor's visa, which is due to expire February 1, 2014. Does she need to apply for an extension on her visitor's visa as her PR will probably not be approved by then or does she have implied status?

 

[bartjones]

Did she apply inland or outland? If she applied outland, she has no implied status and you will need to apply to extend her visitor's visa. Once you have submitted the application to extend her visitor's visa she will have implied status to remain in Canada until CIC has processed her extension application.

 

[andrijzip]

Inland. We're in Saskatoon and applied to Vegreville.

 

[bartjones]

Someone with more expertise on inland applications may correct me here, but my understanding is that unless your wife also submitted an application for a work permit with her application for PR, she has no implied status and will have to extend her visitor's visa.

 

[Line.a]

If she is inland and included an open work permit along with your application and it was received at Vegreville before her status ran out she is considered under implied status until a decision is made on the app. If she did apply outland she will need to continue to extend her stay as a visitor until a decision is made on your app.

 

[andrijzip]

She didn't submit a work permit or application for a work permit with her PR application so I guess she will have to apply for an extension for her visitor's visa?

 

[bartjones]

She didn't submit a work permit or application for a work permit with her PR application so I guess she will have to apply for an extension for her visitor's visa?

Looks that way. It's a pretty simple process and takes 2-3 months to get processed. Ask for a year's extension.

 

[canuck_in_uk]

She didn't submit a work permit or application for a work permit with her PR application so I guess she will have to apply for an extension for her visitor's visa?

She can still submit the Open Work Permit application. That will allow her to stay in Canada on Implied Status after her visitor status expires and once you have stage 1 approval, she will receive the OWP and be able to work.

Application is here http://www.cic.gc.ca/english/information/applications/extend-worker.asp. Make sure she includes a letter explaining that she has submitted an inland PR app but was unaware she could submit an OWP app with it. Write "OWP with Inland PR" across the top of the IMM5710 form.