When Does Open Work Permit "Implied Status" Begin?

[stipey]

Hi All,

I am currently deciding between inland and outland sponsorship for my spouse. I am a Canadian citizen and my fiance came to Canada, from India, on a multiple entry TRV and we were married. Since she is now here in Canada we have the option to apply inland or outland, but it is turning out to be a very tough decision. We are also trying to pick the option which would make it easiest for her to stay in Canada during the processing of the PR application.

In this regard, one benefit to outland seems to be the open work permit and the granting of "implied status". If we submit an open work permit with our inland PR application, does the "implied status" under the work permit application begin immediately upon submission, or only after the AIP?

If it only begins after AIP, I think we may choose the option to apply outland and keep trying to extend her visa as it would be tough to be apart while the outland application is in progress. In this case we would have to rely on the extension or she would have to return to India while the application is in process.

 

[Alurra71]

Hi All,

I am currently deciding between inland and outland sponsorship. I am a Canadian citizen and my fiance came to Canada, from India, on a multiple entry TRV and we were married. Since she is here we have the option to apply inland or outland, but it is turning out to be a very tough decision. We are also trying to pick the option which would make it easiest for her to stay in Canada during the processing of the PR application.

In this regard, one benefit to outland seems to be the open work permit and the granting of "implied status". If we submit an open work permit with our inland PR application, does the "implied status" under the work permit begin immediately, or only after the AIP?

If it only begins after AIP, I think we may choose the option to apply outland and keep trying to extend her visa as it would be tough to be apart while the outland application is in progress. In this case we would have to rely on the extension or she would have to return to India while the application is in process.

If you choose to apply INLAND and include an OWP, implied status begins the moment her current visa runs out. So if she is here for 6 months, then once her visa runs its course (regardless if it's multiple entry) implied status begins. The issue with implied status is that it is just that, implied. It won't save her if CBSA comes knocking on the door to send her back. Also, if she were to leave the Canadian borders, for any reason, implied status is gone and can not be recovered. She would then have to rely on her multiple entry visa, and they may or may not allow her entry. Just because you have it doesn't mean they have to let you in, kind of a thing. Also, if you file INLAND then she should expect to not leave Canada for at a minimum of 18 months at this time. If she has family and such, it is recommended she not leave because if she does and is refused re entry, the application is void and you would need to start all over again with an OUTLAND application.

If you apply OUTLAND you can certainly continue to apply to extend her visa so she can remain in the country with you. This is easiest to achieve if you have already filed your paperwork and can show proof of this, however, it is not guaranteed.

 

[Ponga]

Implied status would begin as soon her current status ends.

For example:
If her current legal status is valid until September 15, 2014 and you were to submit an Inland application along with the OWP on September 1st, she would have implied status as of September 16th and it would carry her throughout the PR process. The OWP must be sent along with the Inland application. Even though OWP applications are still processed in Vegreville, Alta., CIC will route the OWP to the proper department/location.

Good luck, whatever you decide!

 

[Ponga]

The issue with implied status is that it is just that, implied. It won't save her if CBSA comes knocking on the door to send her back.

Huh?!

I thought that CBSA would not intervene unless the Inland application was denied by CIC.

 

[stipey]

Thank you so much for the quick responses Alurra71 and Ponga!

A follow up question is, does she have to qualify to submit an open work permit? CIC seems to have certain conditions under which one can apply for an OWP.

Or is it the case that anybody doing an inland application can submit a work permit on the grounds that they are applying for permanent residency?

Alurra71, if we go the outland route, you also made reference to applying for a visa extension after the PR application. Is that the best way to go?

 

[Ponga]

It is the latter; the Inland application is used as a qualifier for the OWP.

 

[stipey]

It is the latter; the Inland application is used as a qualifier for the OWP.

Thanks so much Ponga. You've been a big help!

 

[Alurra71]

Huh?!

I thought that CBSA would not intervene unless the Inland application was denied by CIC.

I'm sorry, you are correct Ponga. As long as her status is current at the time she sends in her OWP, then she is safe.

I was trying to answer in a hurry so I could get out the door to feed the fish in time before dark! LOL

My mistake.

 

[Alurra71]

Thank you so much for the quick responses Alurra71 and Ponga!

A follow up question is, does she have to qualify to submit an open work permit? CIC seems to have certain conditions under which one can apply for an OWP.

Or is it the case that anybody doing an inland application can submit a work permit on the grounds that they are applying for permanent residency?

Alurra71, if we go the outland route, you also made reference to applying for a visa extension after the PR application. Is that the best way to go?

That is correct. If you file her application outland, about 30 days before her current stay is expired, you would want to send in an application for extension of her current visitor visa. I know you said she has multiple entry, however, that is only granted at 6 month intervals at maximum at a time, unless otherwise noted in her passport by a CBSA agent when she enters. You can't rely on them to continue to give her entry if she leaves, so if you wish her to stay, then before the initial 6 months time frame is up, send in a visitor visa extension.

As I stated previously, they are more likely to be granted if you also include information that states you can in fact take care of your spouse while she remains in the country (alleviates any fears she might try to work illegally) and also send in a copy of the receipt of payment that you make with her submitted PR application.