Hello everyone,
I am currently in Canada with my wife.
I arrived in Canada as a student last year, got married this year. We applied for my INLAND permanent residency application along with my OWP earlier this year. When we applied, I was still a student and applied to extend my stay as a student more than 30 days before it expired (like I was supposed to).
Today, I found out they denied my study visa extension, which is fine because I am done my program and just awaiting my final grade this past week. And I think I have implied status as my OWP and PR application were sent in before my original study permit expired. So I think my OWP gives me implied status.
(The reason for study permit extension said that: "every foreign national in Canada must hold a valid passport, identity or travel document... ups have not produced evidence that you are in possession of such a document and that it is valid for the duration of your stay in Canada." I am not sure I understand this as I did send my passport that had my study visa AS WELL AS my new passport that is valid for many years along with the application (and had only asked for a few months' extension)... but anyway.. like I said, I"m done studying as of this week anyway).
On the letter today telling me that they did not extend my study visa, it says I am now out of status. And I need to apply for restoration or change my status. I assume this is just a general thing they say to all people whose study permit has expired and they don't get an extension and that they didn't actually look into the fact that I have implied status with my pending OWP with my PR application.
So:
1) It says I have to leave Canada or change my status/apply for restoration of status or I will be forcibly removed. Do I have to do this if I have implied status? Do I have to update somewhere to show that I have implied status?
2) My OWP and PR application that were sent together both say in progress. But I'm acutely aware that if my OWP was denied, I would NO LONGER HAVE IMPLIED STATUS and if forced to leave Canada, my inland application would be useless. I have a wife and child here and do not want to leave or reapply outland. SO - what are the chances my OWP gets denied? I have no history of criminality or anything and have never overstayed etc.
3) Is my OWP dependent on my sponsor getting approved and or my PR being approved? We got AOR last month but no sponsor approval yet. If my sponsor is denied (she shouldn't be as she meets the requirements), would my OWP be denied? If my application isn't approved would my OWP be denied or revoked if already issued? How often are OWP associated with PR applications refused?
4) Should I apply for a post-grad work permit now that I have finished my studies in order to keep my implied status should my OWP + PR work permit be denied?
I know I shouldn't be panicking because I'm not really out of status and have played by all the rules, but the fear of being taken away from my family is terrifying and I am just trying to make sure that doesn't happen.
Please help. Thanks
I am currently in Canada with my wife.
I arrived in Canada as a student last year, got married this year. We applied for my INLAND permanent residency application along with my OWP earlier this year. When we applied, I was still a student and applied to extend my stay as a student more than 30 days before it expired (like I was supposed to).
Today, I found out they denied my study visa extension, which is fine because I am done my program and just awaiting my final grade this past week. And I think I have implied status as my OWP and PR application were sent in before my original study permit expired. So I think my OWP gives me implied status.
(The reason for study permit extension said that: "every foreign national in Canada must hold a valid passport, identity or travel document... ups have not produced evidence that you are in possession of such a document and that it is valid for the duration of your stay in Canada." I am not sure I understand this as I did send my passport that had my study visa AS WELL AS my new passport that is valid for many years along with the application (and had only asked for a few months' extension)... but anyway.. like I said, I"m done studying as of this week anyway).
On the letter today telling me that they did not extend my study visa, it says I am now out of status. And I need to apply for restoration or change my status. I assume this is just a general thing they say to all people whose study permit has expired and they don't get an extension and that they didn't actually look into the fact that I have implied status with my pending OWP with my PR application.
So:
1) It says I have to leave Canada or change my status/apply for restoration of status or I will be forcibly removed. Do I have to do this if I have implied status? Do I have to update somewhere to show that I have implied status?
2) My OWP and PR application that were sent together both say in progress. But I'm acutely aware that if my OWP was denied, I would NO LONGER HAVE IMPLIED STATUS and if forced to leave Canada, my inland application would be useless. I have a wife and child here and do not want to leave or reapply outland. SO - what are the chances my OWP gets denied? I have no history of criminality or anything and have never overstayed etc.
3) Is my OWP dependent on my sponsor getting approved and or my PR being approved? We got AOR last month but no sponsor approval yet. If my sponsor is denied (she shouldn't be as she meets the requirements), would my OWP be denied? If my application isn't approved would my OWP be denied or revoked if already issued? How often are OWP associated with PR applications refused?
4) Should I apply for a post-grad work permit now that I have finished my studies in order to keep my implied status should my OWP + PR work permit be denied?
I know I shouldn't be panicking because I'm not really out of status and have played by all the rules, but the fear of being taken away from my family is terrifying and I am just trying to make sure that doesn't happen.
Please help. Thanks
