Live-in caregiver PR applicants for April,May and June timeline

[sweetchad]

    @      Jean.. I read your query yesterday but I'm sorry that I can't give my opinion. (I'm so busy..)

This is only my opinion, it's up to you if you listen or not!

First, you say you are unemployed right now. You are right on what you said "you don't have valid status".


I'm sorry to katileia, sweetchad, lyne and Monalizy.. but I'm going to contradict your opinion! Implied status is complicated to understand!
Jean, before you apply your OWP & PR you have a valid working permit, then from the time your working permit expired but you already apply your OWP & PR.. you are now on implied status. But there is a condition on that, you should continue to work on same employer stated on your working permit and only work the same as stated on your working permit. That is why you don't have a valid status right now!

And I found this guy..cardcraw! We have the same opinion!

Second, you ask if you are rejected by CIC on your OWP & PR application? In my opinion, if you ask on this ground (that you don't have valid status).. my answer is NO! CIC can reject you on some ground, but not on this! But they will hold your application until you have a valid status. I think you need to restore your status to become valid.

It's good CIC don't sent you letter that you need to leave Canada. They have the right because that was stated also in your working permit. That as soon as your working permit expired, you need to leave the country! Still they give you chance. If you think the $350.. it is a big money. Yes it's hard to find and need to work with that! But then compare that they send you back home is more painful. And aside from that, how about the money that you paid in applying your OWP & PR. They don't ask you that again and still they considered your application as valid but just to restore your status. But if they send you back home, that money you paid in your application is bigger than you paid in restoration!

You know your status, why are you looking some headache??? I don't say you need to listen to me! You need to follow what the CIC told you! They know what they are doing! If you are doubt.. you can see any immigration paralegal and ask your queries! But you need to pay their service. I'll send you pm, try to ask this member, I think he can help you on your problem.

I have one question regarding your query.. you said.. "and my work contract was finished in july 2011". What you mean with this??? This is only between you and your employer. Even your contract expire but if your employer want you to stay and work with her, it is fine! The important is she will continue to pay your tax! (at the same time you are on IMPLIED STATUS). But if you say that because your contract expired and you don't want to work with her anymore.. so you are the one who leave her, you are the one who quit on your job so you are on fault on doing that. This is only my presumption on your case! I don't know what really is correct.. unless you will tell us!

And again jean1982, this is only my opinion and advice on your queries! It's up to you to listen or not! And I hope someday you will get the right answer on your problem!

-molo5000

 @  MOLO 5000

here is my case. april 15,2010 i sent my application for owp/pr.April 19, 2010 they received my application.June 30. 2010 they started to process.last february 28, 2011 my employer released coz they dont need me anymore.april 30.2011 my work permit expired.i called the cic if do i need to apply for a restoration they said no, because i applied for owp/pr last april 2010.i can stay in canada untill a decision has been made by the cic.but im not allowed to work anymore unless a new work permit for a new employer will be made.

[molo5000]

       @         MOLO 5000

here is my case. april 15,2010 i sent my application for owp/pr.April 19, 2010 they received my application.June 30. 2010 they started to process.last february 28, 2011 my employer released coz they dont need me anymore.april 30.2011 my work permit expired.i called the cic if do i need to apply for a restoration they said no, because i applied for owp/pr last april 2010.i can stay in canada untill a decision has been made by the cic.but im not allowed to work anymore unless a new work permit for a new employer will be made.

       @        sweetchad.. did you read what I wrote to jean1982, on the last paragraph:

I have one question regarding your query.. you said.. "and my work contract was finished in july 2011". What you mean with this??? This is only between you and your employer. Even your contract expire but if your employer want you to stay and work with her, it is fine! The important is she will continue to pay your tax! (at the same time you are on IMPLIED STATUS). But if you say that because your contract expired and you don't want to work with her anymore.. so you are the one who leave her, you are the one who quit on your job so you are on fault on doing that. This is only my presumption on your case! I don't know what really is correct.. unless you will tell us!

Thats why I'm doing a presumption here! In your case you was been "employer released coz they dont need me anymore". that what you said. That is why you avail even the E.I.

And if you notice, I continue that if her "contract expired and you don't want to work with her anymore.. so you are the one who leave her, you are the one who quit on your job so you are on fault on doing that".

Do you still remember this?

They said it's ok to apply an EI.EI is not related to cic.they are more on service Canada.but in order for you to approve an EI it should be your employer who released you not you will resigned.

Please read first and analyze the two situation! You are lucky you've got ROE "A". I think jean1982 got "E", IF she is the one who left her employer!

-molo5000

[cardcraw]

Awe , see that's what i thought Implied Status means. I had to stay with my employer because if i don't i will lose status if my permit expires. That is why Jean has to restore status


Implied status
(Replaces OB 092 – January 15, 2009)
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.

[cardcraw]

Q: What is Implied Status?

A: Implied Status is obtained when foreign workers are continuing in their current positions and have applied for the extension of their work permit prior to their current permit expiring. Please note that the application for extension of the permit must be received by the Case Processing Centre in Vegreville, Alberta, prior to the expiry date of the permit. Implied status is only valid as long as the foreign worker remains in Canada. Travel outside the country is not recommended until the new work permit is received.


Just doing some research.

[molo5000]

Awe , see that's what i thought Implied Status means. I had to stay with my employer because if i don't i will lose status if my permit expires. That is why Jean has to restore status

You are right on this cardcraw! We don't have choice but to stay on them until a decision on our application is made.. Unless they will release us!

-molo5000

[jean1982]

My work permit is expired 22 march 2011 and my work contract is finished july 2011.
you will base it on the work permit for your status here in canada not the contract. The day that you enter canada 22 march 2008 to 22 march 2011, which is 3 years, within this period you need to complete the 24 months as live in caregiver. 24 months paid taxes.

Yes, I already completed 24months paid taxes.

[molo5000]

Yes, I already completed 24months paid taxes.

   @    jean1982.. could you discuss us what really happend to your case?
Does your employer released you? Or you left her? This will be the bases why the CIC want to restore your status!

-molo5000

[jean1982]

    @      Jean.. I read your query yesterday but I'm sorry that I can't give my opinion. (I'm so busy..)

This is only my opinion, it's up to you if you listen or not!

First, you say you are unemployed right now. You are right on what you said "you don't have valid status".


I'm sorry to katileia, sweetchad, lyne and Monalizy.. but I'm going to contradict your opinion! Implied status is complicated to understand!
Jean, before you apply your OWP & PR you have a valid working permit, then from the time your working permit expired but you already apply your OWP & PR.. you are now on implied status. But there is a condition on that, you should continue to work on same employer stated on your working permit and only work the same as stated on your working permit. That is why you don't have a valid status right now!

And I found this guy..cardcraw! We have the same opinion!

Second, you ask if you are rejected by CIC on your OWP & PR application? In my opinion, if you ask on this ground (that you don't have valid status).. my answer is NO! CIC can reject you on some ground, but not on this! But they will hold your application until you have a valid status. I think you need to restore your status to become valid.

It's good CIC don't sent you letter that you need to leave Canada. They have the right because that was stated also in your working permit. That as soon as your working permit expired, you need to leave the country! Still they give you chance. If you think the $350.. it is a big money. Yes it's hard to find and need to work with that! But then compare that they send you back home is more painful. And aside from that, how about the money that you paid in applying your OWP & PR. They don't ask you that again and still they considered your application as valid but just to restore your status. But if they send you back home, that money you paid in your application is bigger than you paid in restoration!

You know your status, why are you looking some headache??? I don't say you need to listen to me! You need to follow what the CIC told you! They know what they are doing! If you are doubt.. you can see any immigration paralegal and ask your queries! But you need to pay their service. I'll send you pm, try to ask this member, I think he can help you on your problem.

I have one question regarding your query.. you said.. "and my work contract was finished in july 2011". What you mean with this??? This is only between you and your employer. Even your contract expire but if your employer want you to stay and work with her, it is fine! The important is she will continue to pay your tax! (at the same time you are on IMPLIED STATUS). But if you say that because your contract expired and you don't want to work with her anymore.. so you are the one who leave her, you are the one who quit on your job so you are on fault on doing that. This is only my presumption on your case! I don't know what really is correct.. unless you will tell us!

And again jean1982, this is only my opinion and advice on your queries! It's up to you to listen or not! And I hope someday you will get the right answer on your problem!

-molo5000

Thanks molo5000 for your attention firstly.
What I am worried now is if I can get my restoration of status even though I already sent all documents that CIC asked me. The point is that my current empolyer released me in july 2011 because she can't afford a live-in caregiver because she lost a big amount of money in her business and she has no income right now and I stopped paying the income tax at the same time.

[cardcraw]

Jean.......................hopefully the fact that they asked you to send it in means they will grant it to you. Its unfortunate that you did not know earlier but I will pray for you that they grant it to you. How long ago did you send it it and how long do you expect to wait to get a decision?

[molo5000]

Thanks molo5000 for your attention firstly.
What I am worried now is if I can get my restoration of status even though I already sent all documents that CIC asked me. The point is that my current empolyer released me in july 2011 because she can't afford a live-in caregiver because she lost a big amount of money in her business and she has no income right now and I stopped paying the income tax at the same time.

do you have a ROE? What letter you've got on ROE? Why you state here: "and I stopped paying the income tax at the same time". If you are employed, you never pay your tax but your employer! Please rephrase this, there is alot of (Immigration) SPIES reading this forum!  That why a little careful here!

-molo5000

[Bambiegirl]

rafael_fabregas Rafael Fabregas
 @ BBingco implied status does not end if a caregiver decides to leave the employer. She just can't work for another one without new work permit

Working or not working you are still on implied status unless you go out of the country then you'll lose your status. Please be clear and elaborate when posting your queries.  cheers!

[jean1982]

 @   MOLO 5000

here is my case. april 15,2010 i sent my application for owp/pr.April 19, 2010 they received my application.June 30. 2010 they started to process.last february 28, 2011 my employer released coz they dont need me anymore.april 30.2011 my work permit expired.i called the cic if do i need to apply for a restoration they said no, because i applied for owp/pr last april 2010.i can stay in canada untill a decision has been made by the cic.but im not allowed to work anymore unless a new work permit for a new employer will be made.

Hi, sweetchad. I think we are in the same conditions now and what the difference is I got a mail by CIC that they asked me to restore my status because my second work permit was expired when I applied the extension of if.

[sweetchad]

I think they ask Jean a restoration because she renewed her work permit after it expires.her work permit is expired last march and she applied April 2011.she is only on implies status in respect to owp.in order for her to have a new wp she needs to restore her prev. Wp status.it's just this July her employer decided to release her.and as I think she should not continue applying the wp because her employer release her already.and she can stay in canada but can't work.if she will be looking for another employer it's ok to proceed with the restoration.because she will apply again for another work permit.

For my case, I am on implied status while I'm waiting for my owp.but I cannot apply for a new wp for another employer unless I restore my status.but I can't do that because Its over 90 days after my wp expired.

[jean1982]

do you have a ROE? What letter you've got on ROE? Why you state here: "and I stopped paying the income tax at the same time". If you are employed, you never pay your tax but your employer! Please rephrase this, there is alot of (Immigration) SPIES reading this forum!  That why a little careful here!

-molo5000

My empolyer can't pay tax for me. I didn't get EI yet.

[jean1982]

Jean.......................hopefully the fact that they asked you to send it in means they will grant it to you. Its unfortunate that you did not know earlier but I will pray for you that they grant it to you. How long ago did you send it it and how long do you expect to wait to get a decision?

I sent the mail about the restoration of status 1st sep 2011 and I applied my owp an pr on 2nd june 2010.