URGENT HELP PLEASE!

[CaroM8]

Asking for a friend.

Mexican citizen. Currently in Canada on a Student Visa.
Student visa expired in March. Sent in extension request in February, as school program was lasting longer than validity of student visa. School program ends at the end of April. Still no decision made on extension request. Currently under implied status as extension has been filed.
In the meantime, applied for Permanent Residency through Spouse Sponsorship, application filed end of March. Still no AOR from Mississauga.

What will be my status once my student visa runs out? Am I assumed to be a visitor? What if my PR application is returned (as I have a feeling it will be, because we did not submit our marriage certificate with our application).

Any help is appreciated.

 

[carolbb23]

Asking for a friend.

Mexican citizen. Currently in Canada on a Student Visa.
Student visa expired in March. Sent in extension request in February, as school program was lasting longer than validity of student visa. School program ends at the end of April. Still no decision made on extension request. Currently under implied status as extension has been filed.
In the meantime, applied for Permanent Residency through Spouse Sponsorship, application filed end of March. Still no AOR from Mississauga.

What will be my status once my student visa runs out? Am I assumed to be a visitor? What if my PR application is returned (as I have a feeling it will be, because we did not submit our marriage certificate with our application).

Any help is appreciated.

have you apply for owp plus it takes time for aor and your study visa extension takes tome

 

[CaroM8]

have you apply for owp plus it takes time for aor and your study visa extension takes tome

Yes I also applied for the OWP at the same time as our PR application..

 

[carolbb23]

Yes I also applied for the OWP at the same time as our PR application..

you got your personal as yet

 

[CaroM8]

you got your personal as yet

Sorry I don't know what you mean by this...

Anyone else have ideas?

 

[carolbb23]

Sorry I don't know what you mean by this...

Anyone else have ideas?

i meant permanent residence as yet I am typing on the phone

 

[canuck_in_uk]

Mexican citizen. Currently in Canada on a Student Visa.
Student visa expired in March. Sent in extension request in February, as school program was lasting longer than validity of student visa. School program ends at the end of April. Still no decision made on extension request. Currently under implied status as extension has been filed.
In the meantime, applied for Permanent Residency through Spouse Sponsorship, application filed end of March. Still no AOR from Mississauga.

What will be my status once my student visa runs out? Am I assumed to be a visitor? What if my PR application is returned (as I have a feeling it will be, because we did not submit our marriage certificate with our application).

Why would they submit the PR app without the marriage certificate??? The app is almost certain to be returned as incomplete.

When the current study permit expires, your friend will have Implied Status as a student while the extension is processed.

If the study permit extension is approved, status will continue to be as a student. However, the study permit will be automatically invalid 90 days after the school program finishes.

If the study permit extension is refused, your friend will be out of status as of that day.

 

[profiler]

That's assuming they have not started on the OWP. Because that would constitute a new application, and therefore would reset status to implied visitor until they decide.

From: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=492&top=15 :

"
If the new application was submitted for a different type of temporary resident status (e.g., work permit):

On the expiry of your study permit you must stop any of the activities stated in the original study permit once the permit expires. For example, you may have come to Canada as a student and then applied for a work permit. If so, you must stop studying once your study permit expires. After that, you cannot work or study until you get a new permit.
"

 

[canuck_in_uk]

That's assuming they have not started on the OWP. Because that would constitute a new application, and therefore would reset status to implied visitor until they decide.

Incorrect. As the OWP app was submitted while the applicant was already on Implied Status, it does not grant any form of Implied Status if the first extension app is refused.

www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

Note: If a second application for extension is submitted after the first application and the decision rendered on the first application was

- approved, then the new status applies.
- refused, and the original permit was still valid when the second application was received, then the applicant maintains their implied status until a decision is rendered on the second application, and the applicant is out of status as of the date of refusal on the second application.
- refused, and the original permit was expired when the second application was sent, then the applicant does not have implied status and is considered out of status. (As the applicant’s original permit was expired, they must apply for restoration. The second application was missing restoration fees and would be returned to the applicant for being incomplete)

 

[profiler]

Incorrect. As the OWP app was submitted while the applicant was already on Implied Status, it does not grant any form of Implied Status if the first extension app is refused.

www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

Note: If a second application for extension is submitted after the first application and the decision rendered on the first application was

- approved, then the new status applies.
- refused, and the original permit was still valid when the second application was received, then the applicant maintains their implied status until a decision is rendered on the second application, and the applicant is out of status as of the date of refusal on the second application.
- refused, and the original permit was expired when the second application was sent, then the applicant does not have implied status and is considered out of status. (As the applicant’s original permit was expired, they must apply for restoration. The second application was missing restoration fees and would be returned to the applicant for being incomplete)

If the first application was not (yet) refused, then this is incorrect as well. As CIC has yet to rule on the first extension, there is still implied status.

@OP: It's certainly a murky area, so if CIC returns the original package (and it's corresponding OWP), then the applicant might want to include the restoration of status fee, and tick the box to restore status at the top; to be safe. If their status doesn't need to be restored, they will just return it.

 

[CaroM8]

Why would they submit the PR app without the marriage certificate??? The app is almost certain to be returned as incomplete.

When the current study permit expires, your friend will have Implied Status as a student while the extension is processed.

If the study permit extension is approved, status will continue to be as a student. However, the study permit will be automatically invalid 90 days after the school program finishes.

If the study permit extension is refused, your friend will be out of status as of that day.

Thank you for the info!

If the study permit extension is refused, does she have to return to Mexico and come back as a visitor? Or can she just stay in Canada as a visitor while the PR+OWP is being processed?

 

[canuck_in_uk]

If the first application was not (yet) refused, then this is incorrect as well. As CIC has yet to rule on the first extension, there is still implied status.

Which is what I said in my original post...

Thank you for the info!

If the study permit extension is refused, does she have to return to Mexico and come back as a visitor? Or can she just stay in Canada as a visitor while the PR+OWP is being processed?

No, she wouldn't need to leave. She would need to apply for Restoration of Status. If the PR app has been returned and it is still within 90 days of the study permit extension refusal, she could re-submit the OWP and select Restoration of Status. If she has not received the PR app back by then, she would need to apply for Restoration of Status as a visitor.

 

[sylvain1]

If the PR application gets returned, the postgraduate work permit might be an option for the PA.

 

[canuck_in_uk]

If the PR application gets returned, the postgraduate work permit might be an option for the PA.

Yes, definitely another viable option. However, I don't believe that a student on Implied Status can apply for a PGWP, which would mean it is dependent on the study permit extension being approved.

 

[sylvain1]

Yes, definitely another viable option. However, I don't believe that a student on Implied Status can apply for a PGWP, which would mean it is dependent on the study permit extension being approved.

Yes, you're right. One of the conditions is to have a valid study permit when applying for the PGWP.