When does "implied status" become active after sending out application?

[jorgus1710]

Hello everyone, I couldn't quite find the answer to my question here or on google so hopfuly someone can help me. ;D

I'm wondering at what point in time after sending out the spousal sponsorship application package + OWP does one obtain "implied status" to stay in Canada legally?

Does anyone know about this, like how many weeks or so it takes? Or does it become active immediately after the package reaches its destination?

Thank you for the help

 

[Ponga]

Implied status goes into effect on the day that your current legal status expires.

In order to qualify for this, you must [obviously] have legal status on the day that CIC receives your application and OWP.

As long as neither the Inland application nor OWP is returned because of a mistake on your part (i.e., incomplete payment (except for not paying the RPRF, since it can be deffered), outdated form(s), missing form(s), missing signature(s), or in the case of the OWP, not paying the full amount of $255), you will be covered under implied status as a visitor.

 

[o6ocpaka]

A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, R186(u) and R189 (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.

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

 

[jorgus1710]

Thank you for the timely response.

As i understand, the moment CIC receives the application package by mail, implied status will be active? I imagine that this will take around 2 weeks if not less.

Do you know what would happen if the application is returned after a visitor visa expires? Is there a window of time to fix the application and send it back or does that mean the person whose stay has now been exceeded needs to leave Canada immediately?

Thanks again

 

[Ponga]

How did you determine that?


If your application and/or OWP is returned and you cannot not re-submit [it] prior to your status expiring, you would need to apply for Restoration of Status (ROS). You would have 90 days to apply for ROS.

It is the OWP that you submit with the Inland application that gives you implied status.

 

[o6ocpaka]

Thank you for the timely response.

As i understand, the moment CIC receives the application package by mail, implied status will be active? I imagine that this will take around 2 weeks if not less.

Do you know what would happen if the application is returned after a visitor visa expires? Is there a window of time to fix the application and send it back or does that mean the person whose stay has now been exceeded needs to leave Canada immediately?

Thanks again

Implied status is only achieved when you apply for an extension for your existing status. To have implied status is rare because it takes 2 months at most to process the extension and you must apply for it during that time period before yours expires. It has nothing to do with the application for PR, however for inlands they seem not to require legal status now during the application.

 

[jorgus1710]

Sorry for not being clear from the get go guys, ill try and be more clear with my description this time around.

In general I understand that the OWP is what gives the "implied status" only when submitted together with the "spousal sponsorship application" I also know this only applies for the inland application, thus why my wife and I will be taking that route.

My wife is here on a visa exempt / visitor visa, which allows her to stay for 6 months, so February 10th is the last day for her to legally be here in Canada on her visitor visa.

Now were nearly done with the application, and I hope to send out the whole package very soon, within about 1 week or so. My main concern now is to send it out in time. I'm worried that if they happen to send back our application due to error and its after the 10th of February, then what do i do?
That's why im wondering how long after sending out the package, will it take for my wife to have that "implied status". Im basicly trying to gauge how much time i have to resend the application in case they send it back due to error. And what happens if they send it back to me after the 10th of February.

Thanks for helping out, I really appreciate the feedback.

 

[Ponga]

Ok...let me try it again:

The bottom line, is that if she [for whatever reason] loses her legal status, she has 90 days to apply for Restoration of Status. During the time that the ROS is being processed, she would be out of status, but...if it is ultimately approved (even well beyond 90 days), she regains her status.

Here's the possible problem for you, since you'll be submitting the Inland application and OWP so close to her current status expiring:

If the application/OWP is returned, it will likely be within the 90 days from when her status is set to expire on Feb 11,2016...but it may not. If the application/OWP is returned after May 11, 2016 she would not be able to have her status restored. The other possibility is that she is within the 90 days...applies for ROS and it is denied. This is probably unlikely, but it is a possibility. This is why some people (especially those that are cutting it close) choose to submit a visitor extension, as well as the Inland application and OWP. This way, even if something is returned, the visitor extension continues to be processed and is, hopefully, approved.

It's redundant, but it's probably the safest plan...just in case.

 

[Judlu]

Ok...let me try it again:

The bottom line, is that if she [for whatever reason] loses her legal status, she has 90 days to apply for Restoration of Status. During the time that the ROS is being processed, she would be out of status, but...if it is ultimately approved (even well beyond 90 days), she regains her status.

Here's the possible problem for you, since you'll be submitting the Inland application and OWP so close to her current status expiring:

If the application/OWP is returned, it will likely be within the 90 days from when her status is set to expire on Feb 11,2016...but it may not. If the application/OWP is returned after May 11, 2016 she would not be able to have her status restored. The other possibility is that she is within the 90 days...applies for ROS and it is denied. This is probably unlikely, but it is a possibility. This is why some people (especially those that are cutting it close) choose to submit a visitor extension, as well as the Inland application and OWP. This way, even if something is returned, the visitor extension continues to be processed and is, hopefully, approved.

It's redundant, but it's probably the safest plan...just in case.

Dear Ponga!

I see you have quite deep understanding of the Canadian immigration laws. Probably you could provide me with some helpful advice. I'm really in a complicated situation and it is close to that one you considered above.

My work permit expires on March 9th and I have really good chances to get ITA at the next EE draw on March 15th. Honestly I expected it to be on March 8th - in this case I could have 1 day to submit e-APR and then application to a bridging WP. But for some reason that draw took place on March 1st and it completely destroyed my plans because there won't be a draw on March 8th(

Do I have any options to overcome this gap (just 6 days) between WP expiry date and e-APR submission so I could still apply for a bridging visa? What should I do? I really need to find some way to continue my work here as I have two kids and I need a stable income. My employer is interested to work with me but they will not go for LMIA.

A week ago I have applied on papers for a WP extension. I know it will be refused, I just hoped to win some time to continue work and keep my current status.

So what should I do now? Wait for ITA, apply for PR and than to apply for bridging WP anyway?

Or maybe try to apply to bridge before my current WP expires even without Acknowledgement letter for PR. I know such kind of application will be rejected but probably I'll be able to add this letter later to my application package? Just a week later when I get it...

Really don't know what to do.... Please help.