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About implied status/out of status

zkbrot

Member
Aug 20, 2023
11
0
Hey guys i need enlightening on a matter. My wife is out of her visitor status for more than 90 days but she is on implied status due to a work permit application in process. ( we are also about to send a Spousal Sponsorship)

The issue here is that the company will most likely not hire her and ask her to withdraw the WP application due to some stuff in the news about them abusing worker.

My questions is ; can she do anything about her status? Can she apply for another work permit since she is on "implied status" for the time beeing. What would be her options or best courses of actions if there is any.

Thanks a lot
 

Ponga

VIP Member
Oct 22, 2013
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1,298
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Hey guys i need enlightening on a matter. My wife is out of her visitor status for more than 90 days but she is on implied status due to a work permit application in process. ( we are also about to send a Spousal Sponsorship)

The issue here is that the company will most likely not hire her and ask her to withdraw the WP application due to some stuff in the news about them abusing worker.

My questions is ; can she do anything about her status? Can she apply for another work permit since she is on "implied status" for the time beeing. What would be her options or best courses of actions if there is any.

Thanks a lot
Since 90 days have passed since her visitor status expired, I don't know if there's anything she can do now. The good news is that having legal status in Canada is not a requirement for an Inland Sponsorship application. That same exemption does not apply for a person in Canada submitting an Outland application.
 

Tarikla

Star Member
Nov 20, 2023
62
28
I'd recommend her to not withdraw her current WP application. If she withdraw it, it's be considered never submitted and she'd fall out of status and not have the option to restore her status, forcing her to leave Canada, while if her application get denied she'd only be out of status from the day the denial came through, and thus she'll be able to restore her status.

She can definitely apply for another WP (like the OWP once you get the AOR for your spousal sponsorship) while on maintained status, if by then she didn't got an answer on her current application. Please note that she can only apply for the OWP with the AOR if she has a valid status or maintained status when applying.