When are you considered "In Status" & Process Time.

[theshak]

Hi Everyone,

So I am currently living in Canada and I applied for the Inland Spousal Sponsorship program. I have just sent in all my paper work last week. I had two quick questions I was hoping you could help me with:

1) When are you considered "Implied Status" or "In Status" as I have also heard it called. Is it just automatic once you submit your application or do they send out a letter to you? Naturally I want to continue working once my work visa expires.

2) On the CIC website they say the process time can take 27 months which is a tad crazy, does it really that that long or will that change?

Many thanks,

Shak

 

[SchnookoLoly]

If you provided an OWP with your application then you have implied status. If you did not then you have to renew your visitor (presumably) status.

Yes, it takes 27 months.

 

[rhcohen2014]

1) implied status and in status are 2 different things. being "in status" means you are in canada legally, and did not let legal status expire. this means either you entered as a visitor and continued to extend your stay as a visitor by applying for an extension OR this means you entered as a worker and continue to work on a valid work visa. "implied status" is what is given to a person when they send in an application for a temporary permit (IE: visitor, worker, etc) and they are waiting for a response from cic. for example, if a person's status expires AFTER they sent in an application to extend their stay or and OWP, then they will have "implied status" (and not be considered to be in canada illegally) until CIC makes a determination on that application. Sending in a PR application ALONE does NOT give implied status. What gives people implied status with family class pr is when they submit an application for an OWP WITH their pr application.

2. yes, it's currently taking this long for inland applicants. depending on where the person is from, it's usually far better to apply outland. you can still apply outland and be IN canada as a worker, student or visitor. most visa offices approve people in 8-10 months, a few are a bit longer. If your current work permit is valid for more than that time, then it's usually recommended to apply outland instead.

 

[theshak]

1) implied status and in status are 2 different things. being "in status" means you are in canada legally, and did not let legal status expire. this means either you entered as a visitor and continued to extend your stay as a visitor by applying for an extension OR this means you entered as a worker and continue to work on a valid work visa. "implied status" is what is given to a person when they send in an application for a temporary permit (IE: visitor, worker, etc) and they are waiting for a response from cic. for example, if a person's status expires AFTER they sent in an application to extend their stay or and OWP, then they will have "implied status" (and not be considered to be in canada illegally) until CIC makes a determination on that application. Sending in a PR application ALONE does NOT give implied status. What gives people implied status with family class pr is when they submit an application for an OWP WITH their pr application.

2. yes, it's currently taking this long for inland applicants. depending on where the person is from, it's usually far better to apply outland. you can still apply outland and be IN canada as a worker, student or visitor. most visa offices approve people in 8-10 months, a few are a bit longer. If your current work permit is valid for more than that time, then it's usually recommended to apply outland instead.

So to give you some context my company hired a solicitor to help me with the process. I arrived in Canada on a 2 year work visa from Ireland. As part of my application they made me scan my work visa and added it to the documentation for my application. My work visa does not expire until the end of October. So does this mean I am considered "In Status" and once my visa expires I will be considered "Implied Status"? Can I continue to work once my work visa expires then?

 

[scylla]

So to give you some context my company hired a solicitor to help me with the process. I arrived in Canada on a 2 year work visa from Ireland. As part of my application they made me scan my work visa and added it to the documentation. My work visa does not expire until the end of October. So does this mean I am considered "In Status" and once my visa expires I will be considered "Implied Status"? Can I continue to work once my work visa expires then?

Depends what kind of work permit you hold. If you hold an IEC/Working Holiday Visa - then you cannot continue working after that visa has expired. If you hold a closed work permit that was given to you based on an approved LMIA, then you can continue working for the same employer / same role after the work permit expires.

 

[rhcohen2014]

So to give you some context my company hired a solicitor to help me with the process. I arrived in Canada on a 2 year work visa from Ireland. As part of my application they made me scan my work visa and added it to the documentation. My work visa does not expire until the end of October. So does this mean I am considered "In Status" and once my visa expires I will be considered "Implied Status"? Can I continue to work once my work visa expires then?

did you include an application for an Open Work Permit ALONG with your PR application? if so, then yes, after your current permit expires, you will have implied status. If you did NOT submit an applicatoin for an OWP with your PR application, then no, you will not have implied status when your permit expires. at that point, depending on the type of work permit you have, you would need to cease working and apply to extend your stay as a visitor to maintain legal status in canada OR apply for an OWP.

and yes, right now you are IN STATUS because you have a valid work visa.

 

[theshak]

oh I see, I better email my solicitor.

 

[theshak]

did you include an application for an Open Work Permit ALONG with your PR application? if so, then yes, after your current permit expires, you will have implied status. If you did NOT submit an applicatoin for an OWP with your PR application, then no, you will not have implied status when your permit expires. at that point, depending on the type of work permit you have, you would need to cease working and apply to extend your stay as a visitor to maintain legal status in canada OR apply for an OWP.

and yes, right now you are IN STATUS because you have a valid work visa.

So I checked my work permit and the remarks say "Open Work Permit Valid for 2 Years". So does that mean I am fine then? As in I can keep working once my work permit has expires as I have applied for a PR card. Oh by the way I arrived with a Working Holiday permit. Does this mean I am in trouble once my Visa expires?

 

[theshak]

Depends what kind of work permit you hold. If you hold an IEC/Working Holiday Visa - then you cannot continue working after that visa has expired. If you hold a closed work permit that was given to you based on an approved LMIA, then you can continue working for the same employer / same role after the work permit expires.

Yes I arrived on a Working Holiday visa. Does that mean even though I have sent in my application and I am considered "In Status" I can't work once my visa has expired?