URGENTwhat kind of visa do I need if I want to go for vacation during PR process

[beth3244]

Hello and thank you for taking the time of reading this, any help will be very appreciated! My situation is that I am under implied status in canada (my worker visa and work permit expired both last month) but the thing is that I want to go for vacation outside the country for 3 weeks on december, I've been told that I need to get a visa to be able to come back but I'm not sure wich one should I get.
My husband (still has 2 years left of valid work permit) applied under canadian experienced class last december (2013) including me as a sponsored spouse and since I a have a baby I am currently not working and not looking forward to it.
my main question is: what kind of visa do I need to apply for? is temporary resident visa (visitor) the one that could use or would it be too risky to leave for vacation during the process of the PR?
Thanks in advance, I hope someone out there can help me with this stressing situation.

 

[Jalex23]

Hello and thank you for taking the time of reading this, any help will be very appreciated! My situation is that I am under implied status in canada (my worker visa and work permit expired both last month) but the thing is that I want to go for vacation outside the country for 3 weeks on december, I've been told that I need to get a visa to be able to come back but I'm not sure wich one should I get.

How are you under implied status? You haven't mentioned anything that grants you that status.

There is no such thing as worker visa, all visas for travel are Temporary Resident Visa. I would assume the one that expired ws a Temporary Resident Visa (category worker).

You can't decide on what TRV category to apply. CIC determines based on your status what category best suits you. If you want to travel abroad you need to apply for a TRV.

my main question is: what kind of visa do I need to apply for? is temporary resident visa (visitor) the one that could use or would it be too risky to leave for vacation during the process of the PR?

If your trip is less than 60 days then I would say it is not "risky", as interview, documents, etc. can be requested at any time and some need you to be physically in Canada. Therefore if you stay longer than 60 days abroad you are risking to miss the deadline for complying on any request. Any other than that you are safe.

(For example, I was on a 45 days buisness trip, got medical request on day 30, so I had 45 extra days after I return to Canada to fulfill the requirement).

 

[jes_ON]

Hello and thank you for taking the time of reading this, any help will be very appreciated! My situation is that I am under implied status in canada (my worker visa and work permit expired both last month) but the thing is that I want to go for vacation outside the country for 3 weeks on december, I've been told that I need to get a visa to be able to come back but I'm not sure wich one should I get.
My husband (still has 2 years left of valid work permit) applied under canadian experienced class last december (2013) including me as a sponsored spouse and since I a have a baby I am currently not working and not looking forward to it.
my main question is: what kind of visa do I need to apply for? is temporary resident visa (visitor) the one that could use or would it be too risky to leave for vacation during the process of the PR?
Thanks in advance, I hope someone out there can help me with this stressing situation.

First, what is your country of citizenship? There are visa-exempt countries and countries for whom travel visas are required, if you plan to fly back into Canada.

Send, why do you think you're on implied status - did you apply for a new work permit before the old one expired? If not, you're not under "implied status", you are out of status and need to restore status along with submitting an application for a temporary residence permit, either as a visitor or a worker. Your husband's status will allow you to chose either one.

You are permitted to leave Canada with a CEC application in process, no problem. The bigger issue is that it sounds like you have no current temporary status.

 

[felixfinch]

You only have 'implied status' as a worker IF you have applied for a work permit or extension of the same type and are waiting for it to come through.

If you have applied for the Bridging Open Work Permit then you may be considered to have 'implied status'. If you have not, and have only applied for PR, then you have no status and should apply for either the Bridging permit or a visitor visa.

Additionally, it is a grey area as to whether if you leave the country and re-enter, you would still be considered to have 'implied status'. If you do not have a work permit or visitor visa when you come back, you might not be allowed to re-enter.

 

[jes_ON]

You only have 'implied status' as a worker IF you have applied for a work permit or extension of the same type and are waiting for it to come through.

True.

If you have applied for the Bridging Open Work Permit then you may be considered to have 'implied status'. If you have not, and have only applied for PR, then you have no status and should apply for either the Bridging permit or a visitor visa.

the OP (beth3244) is not eligible for a BOWP, since she is not the principal applicant. Her husband is not eligible either, since he still has 2 years left on his work permit. She could apply for a spouse's open work permit or a visitors permit.

Additionally, it is a grey area as to whether if you leave the country and re-enter, you would still be considered to have 'implied status'. If you do not have a work permit or visitor visa when you come back, you might not be allowed to re-enter.

No grey area - If you leave Canada while on implied status, you loose implied status. But this has nothing to do with permanent residence applications.