Well thank goodness for the "implied" status! Thank you again PMM.
One thing I have been seen pop up in this forum is the OPEN WORK PERMIT. Funny thing it is very well hidden in the CIC web page. As if they dont want us to know!.
Actually, it is not "well hidden" in the CIC website - it is right there in the Inland Sponsorship Guide that you would have read through when filling out your application. In Part Two/Applicant's Guide, Your Status in Canada, it says:
Maintaining Legal Status in CanadaYou have two options available to ensure that your legal temporary status in Canada remains valid until permanent residence is confirmed:
1. You can apply for both an extension of your temporary resident status and permanent resident
status at the same time. If you choose this option, complete both an application to extend your
status and an application for permanent residence.
Be sure to include both applications and all the supporting documents and fees that are required in the same envelope.
Note: The acceptance of your application for temporary resident status does not guarantee the
acceptance of your application for permanent residence.
2. You can apply to extend your temporary resident status separately from the application for
permanent residence, but you must do so before your temporary status expires. You have legal
status for the period of time indicated on your visitor document (work permit, study permit, visitor
record) or temporary resident permit.
Note: On February 18, 2005, the Minister announced a new public policy under which legal
immigration status is no longer a requirement for spouses and common-law partners of
Canadian citizens and permanent residents in Canada who wish to apply permanent
resident status provided that they have an eligible sponsor. However, all other eligibility
requirements continue to apply.
Although out-of-status spouses and common-law partners may now apply for permanent
residence in the Spouse or Common-law Partner Class, persons without legal immigration
status in Canada are unable to work or study and may be subject to removal proceedings at
any time for failing to have or maintain legal immigration status in Canada.
Use the appropriate guide(s), to apply for an extension of visitor, worker, student or TRP status.
As you can see - he was able to apply to extend his status by either means . . . submitting the extension WITH the inland ap, or separately. Since you submitted the extension prior to expiration of his temporary status, he still benefits from implied status until they make a decision on the extension. If you included information about having a PR ap in process, chances are good that his extension will be approved.
Had you included the extension ap with the inland ap, you could have requested an open work permit instead of just extended visitor status. That's the real advantage to submitting the extension with the inland application. After first stage approval, the applicant is eligible to work - so including an extension request in the form of an OWP application means that CIC will automatically issue a work permit as the new temporary status document. If your partner wants to work after he receives first stage approval, he still can - he will just have to apply separately for the Open Work Permit and pay another fee.
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