Travel to US on implied status

[atlmallu]

Hello all,

I am in Canada on a work permit, which expired on April 14th. I submitted my work permit extension application to CPC Vegreville on March 17th, and I am currently working for the same employer under implied status. The current processing time is around 73 days, and the Call Centre informed me that I can expect the new document by first week of June.

Here is my problem - I have a business trip to the US in the 3rd week of May. As things look right now, its almost certain that I won't recieve my new work permit by then. Can I travel to the US and return to Canada on 'implied status'? One call centre employee told me that I can reenter if I have enough documentation, but will loose my implied status and cannot work until I recieve the new work permit. Another employee told me that I will have to restart the whole work permit application from a Canadian Embassy outside Canada, once I leave Canada before a decision is made on my extension application.

Does anybody on this board know more about this? Any similar experiences?

Thanks in advance for your inputs.

Raj

[PMM]

Hi

Hello all,

I am in Canada on a work permit, which expired on April 14th. I submitted my work permit extension application to CPC Vegreville on March 17th, and I am currently working for the same employer under implied status. The current processing time is around 73 days, and the Call Centre informed me that I can expect the new document by first week of June.

Here is my problem - I have a business trip to the US in the 3rd week of May. As things look right now, its almost certain that I won't recieve my new work permit by then. Can I travel to the US and return to Canada on 'implied status'? One call centre employee told me that I can reenter if I have enough documentation, but will loose my implied status and cannot work until I recieve the new work permit. Another employee told me that I will have to restart the whole work permit application from a Canadian Embassy outside Canada, once I leave Canada before a decision is made on my extension application.

Does anybody on this board know more about this? Any similar experiences?

Thanks in advance for your inputs.

Raj

You can't return to work if you leave Canada having implied status, here is what the Operational Bulletin states

" temporary resident with implied status who has left Canada may:

(a) be allowed to re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they are TRV exempt as per R190 or on a multiple entry visa. They may not resume work or study in Canada until their application for renewal has been granted. For those not able to resume work, they must satisfy the POE Officer that they have sufficient means of support. (Note that this applies to foreign nationals who are TRV exempt as per R190(3)(f) and to those on multiple entry visas)."

http://www.cic.gc.ca/english/resources/manuals/bulletins/2009/ob092.asp

PMM

[atlmallu]

Thank you very much for your inputs, PMM. So I understand that I will loose my implied status and will have to return to Canada as a visitor, on a valid visa.

But I am still not sure whether my work permit extension application will continue to get processed within Canada, even if I go to the US and come back on a visitor visa. Will I be asked to file a new work permit application all over again from the US?

Raj

[PMM]

Hi

Thank you very much for your inputs, PMM. So I understand that I will loose my implied status and will have to return to Canada as a visitor, on a valid visa.

But I am still not sure whether my work permit extension application will continue to get processed within Canada, even if I go to the US and come back on a visitor visa. Will I be asked to file a new work permit application all over again from the US?

Raj

No, your work permit will be continued to be processed.

PMM

[atlmallu]

Thanks PMM. Now I have a pretty clear idea about the how the whole thing works.

On a side note - My work permit extension application was recieved at CPC Vegreville on March 17th. According to CIC website, they are currently processing applications recieved upto February 8th, with a processing time of 74 days (http://www.cic.gc.ca/english/information/times/canada/process-in.asp#temp_res). I assume this is an average estimate and it can be 1-2 weeks faster or slower, depending on the specific case.

What are the chances that I will recieve my work permit decision before May 27th, my scheduled day of travel? Has anyone on this board recieved their work permit extensions faster than the quoted waiting period on the CIC website?

Raj

[BCguy]

Given the backlog Fair to Poor,I am currently assisting a Korean who filed in DEc 2008 and It was recieved Jan14 and He is still waiting

[atlmallu]

Thanks BCGuy.

I would like some more clarification on the TRV requirement. Given that CIC's backlog is only increasing, I may have to travel to the US before I recieve the new work permit. I am planning to carry the following documents -
1) Expired Work Permit
2) Reciept of payment for extension application
3) Proof from Canada post that the application was delivered
4) Copy of the application form itself.

In addition, do I need a valid TRV to re-enter Canada? http://www.cic.gc.ca/english/resources/manuals/bulletins/2009/ob092.asp states that temporary resident with implied status who has left Canada may be allowed to re-enter Canada as a temporary resident provided they are TRV exempt as per R190 or on a multiple entry visa.

But is the TRV requirement waived if I am returning from the US? I do not see that in the Operational Bulletin, but the CIC call centre employee said that I do not need one.

Thanks for the clarification in advance.