Implied Status??? Help
Jul 15th 2010, 11:15 am
#16
Forum Regular
Joined: Apr 2010
Posts: 87
Re: Implied Status??? Help
Remember CIC call center agents are NOT visa officers, if you really want concrete answers talk to a professional, or if you live nr a border go to the border and ask to speak to a CBSA agent, or if ur near a local CIC office go there for advice.
Jul 15th 2010, 11:19 am
#17
FSW Cat 1
Joined: Sep 2009
Location: Beautiful BC
Posts: 159
Re: Implied Status??? Help
Good advice - the best advice we ever got to start us off was from a CBSA guy on his coffee break in the cafe at Kelowna airport.
You can also enter the Canadian side without leaving to speak to an officer to get an expert answer. Pick a quiet one at a quiet time to get the best possible response.
You can also enter the Canadian side without leaving to speak to an officer to get an expert answer. Pick a quiet one at a quiet time to get the best possible response.
Jul 15th 2010, 11:43 am
#18
Just Joined
Thread Starter
Joined: Jan 2009
Posts: 29
Re: Implied Status??? Help
Ok so... this is what was sent to my husband from the visa office, how do you interpret this?
If a spouse or common-law partner is sponsored from inside Canada, they can apply for an open work permit by completing an Application to Change Conditions or Extend Your Stay in Canada as a Worker (IMM 5553). This application must be sent before their status expires in the same envelope as the sponsorship application. This will allow them to keep a legal status in Canada up until the time their application for permanent residence is *approved in principle. If their status expires before the application for permanent residence is approved in principle, they will still have a legal status in Canada. This is called implied status. Please note that the open work permit will only be issued once the application for permanent residence is approved in principle. Visit our Web site to see how long it may take to get approval in principle.
If the person being sponsored does not send both applications at the same time, they will have to wait until they get a letter stating that their permanent residence application has been approved in principle before they can submit an open work permit application. They must also make sure they maintain a legal status in Canada; their status might have to be extended more than once.
*Approved in principle means that the person being sponsored received a letter from the Case Processing Centre or local office stating that they meet the eligibility (minimum) requirements to apply for permanent resident status but that a final decision will not be made until all requirements for becoming a permanent resident have been met. These requirements include medical, security and background checks for the applicant and, if applicable, their family members.
If a spouse or common-law partner is sponsored from inside Canada, they can apply for an open work permit by completing an Application to Change Conditions or Extend Your Stay in Canada as a Worker (IMM 5553). This application must be sent before their status expires in the same envelope as the sponsorship application. This will allow them to keep a legal status in Canada up until the time their application for permanent residence is *approved in principle. If their status expires before the application for permanent residence is approved in principle, they will still have a legal status in Canada. This is called implied status. Please note that the open work permit will only be issued once the application for permanent residence is approved in principle. Visit our Web site to see how long it may take to get approval in principle.
If the person being sponsored does not send both applications at the same time, they will have to wait until they get a letter stating that their permanent residence application has been approved in principle before they can submit an open work permit application. They must also make sure they maintain a legal status in Canada; their status might have to be extended more than once.
*Approved in principle means that the person being sponsored received a letter from the Case Processing Centre or local office stating that they meet the eligibility (minimum) requirements to apply for permanent resident status but that a final decision will not be made until all requirements for becoming a permanent resident have been met. These requirements include medical, security and background checks for the applicant and, if applicable, their family members.
Jul 15th 2010, 11:49 am
#19
FSW Cat 1
Joined: Sep 2009
Location: Beautiful BC
Posts: 159
Re: Implied Status??? Help
Well there you go - send a copy of that with your extension as a reference. The trouble is that everything else on any official website states that BUNAC cannot be extended so by default your implied status is flawed.
Last edited by amrskipro; Jul 15th 2010 at 12:13 pm.
Jul 15th 2010, 11:49 am
#20
Forum Regular
Joined: Apr 2010
Posts: 87
Re: Implied Status??? Help
ok you will have to remain here as a visitor, the work permit application you submit with your sponsorship application wont give you implied status as a worker different application altogether. You can try to obtain LMO, BUNAC extension? But other than that your options are limited. If you apply inland you're looking at 6 -7 months before you can get the open work permit (again this is the average) If you submit the work permit and sponsorship application you will achieve applied visitor status until your work permit is approved.
Or you can go back home and be back here with PR in 3 - 6 months London office is much much quicker than inland. My inland took 5 years lol and i'm from uk
or you can apply for vistors extension and have your file processed outland.
The legal status you will get from what the above states is to remain here as a visitor it does not make your bunac implied status seriously dont interpret what they write as what you "think" they mean Call a lawyer who gives a free consultation, id be happy to give you the name of mine he gives free ones, you absolutley dont need to hire a lawyer in your case but if you're not nr a CIC centre or a POE then you really should get it clarified by someone in the know. Like i said you dont need to hire a lawyer i just want you to get the right advice guess work can land you in trouble.
Reading back on your post in september you dont have to leave and come back to remain in status submit you application you will have implied visitors status whilst the application is being processed and when AIP is approved if you submit work permit app along with it you will recieve an open work permit, thats it in a nutshell
but you should send an application in to remain here as a visitor it looks better on you than just letting ur status lapse and doing nothing about it
Or you can go back home and be back here with PR in 3 - 6 months London office is much much quicker than inland. My inland took 5 years lol and i'm from uk
or you can apply for vistors extension and have your file processed outland.
The legal status you will get from what the above states is to remain here as a visitor it does not make your bunac implied status seriously dont interpret what they write as what you "think" they mean Call a lawyer who gives a free consultation, id be happy to give you the name of mine he gives free ones, you absolutley dont need to hire a lawyer in your case but if you're not nr a CIC centre or a POE then you really should get it clarified by someone in the know. Like i said you dont need to hire a lawyer i just want you to get the right advice guess work can land you in trouble.
Reading back on your post in september you dont have to leave and come back to remain in status submit you application you will have implied visitors status whilst the application is being processed and when AIP is approved if you submit work permit app along with it you will recieve an open work permit, thats it in a nutshell
but you should send an application in to remain here as a visitor it looks better on you than just letting ur status lapse and doing nothing about it
Last edited by admissiblebrit; Jul 15th 2010 at 12:04 pm.
Jul 15th 2010, 4:35 pm
#21
BE Enthusiast
Joined: Jan 2009
Location: Port Colborne, ON
Posts: 315
Re: Implied Status??? Help
Ok so... this is what was sent to my husband from the visa office, how do you interpret this?
If a spouse or common-law partner is sponsored from inside Canada, they can apply for an open work permit by completing an Application to Change Conditions or Extend Your Stay in Canada as a Worker (IMM 5553). This application must be sent before their status expires in the same envelope as the sponsorship application. This will allow them to keep a legal status in Canada up until the time their application for permanent residence is *approved in principle. If their status expires before the application for permanent residence is approved in principle, they will still have a legal status in Canada. This is called implied status. Please note that the open work permit will only be issued once the application for permanent residence is approved in principle. Visit our Web site to see how long it may take to get approval in principle.
If the person being sponsored does not send both applications at the same time, they will have to wait until they get a letter stating that their permanent residence application has been approved in principle before they can submit an open work permit application. They must also make sure they maintain a legal status in Canada; their status might have to be extended more than once.
*Approved in principle means that the person being sponsored received a letter from the Case Processing Centre or local office stating that they meet the eligibility (minimum) requirements to apply for permanent resident status but that a final decision will not be made until all requirements for becoming a permanent resident have been met. These requirements include medical, security and background checks for the applicant and, if applicable, their family members.
If a spouse or common-law partner is sponsored from inside Canada, they can apply for an open work permit by completing an Application to Change Conditions or Extend Your Stay in Canada as a Worker (IMM 5553). This application must be sent before their status expires in the same envelope as the sponsorship application. This will allow them to keep a legal status in Canada up until the time their application for permanent residence is *approved in principle. If their status expires before the application for permanent residence is approved in principle, they will still have a legal status in Canada. This is called implied status. Please note that the open work permit will only be issued once the application for permanent residence is approved in principle. Visit our Web site to see how long it may take to get approval in principle.
If the person being sponsored does not send both applications at the same time, they will have to wait until they get a letter stating that their permanent residence application has been approved in principle before they can submit an open work permit application. They must also make sure they maintain a legal status in Canada; their status might have to be extended more than once.
*Approved in principle means that the person being sponsored received a letter from the Case Processing Centre or local office stating that they meet the eligibility (minimum) requirements to apply for permanent resident status but that a final decision will not be made until all requirements for becoming a permanent resident have been met. These requirements include medical, security and background checks for the applicant and, if applicable, their family members.
I think the question has kind of been answered to be honest there doesn't seem to be a way around it. If there was I'm pretty sure we would all have done it the other way! Bear in mind also that should you be rejected inland you don't have the right to appeal the decision.
