am I in an Implied status?

[estban]

Hello everyone, I have a question. My girlfriend and I applied by sponsorship for my PR and my OWP, that was on February 22, 2021. At the same time I was waiting for my extension record, it arrived on May but the expiration day in July 31. Then for the PR and OWP, we just have an email with the number of a file that says, immigration Canada have received and has my File. My question is.

Do I have to do again my extension as a visitor, or with the answer from them is enough to remain in Canada without problem?
That email from immigration is enough to think that my process already begun?

Thank you very much!

 

[Underhill]

Unfortunately the answer to this question is rather ambiguous. There are two different Canadian government organizations involved in this matter: The IRCC and the CBSA.

IRCC says that you, as a Spousal/Common-Law PR applicant, who has also applied for a first-time OWP (i.e. not a work permit renewal), you have what's now called 'Maintained Status', and you do not need to apply for a visitor record unless your application is returned (for missing items, etc.).

CBSA says the above-scenario does NOT provide maintained status, and that maintained status is only provided if you are renewing an existing work permit.

The takeaway here is that as long as you stay in Canada until your OWP is approved, you should be fine. If, after your visitor record expires, you leave Canada and then return, you could be flagged for overstaying your visitors visa. Odds are this wouldn't happen, but depends entirely upon the CBSA agent who processes you at the border.

 

[estban]

Unfortunately the answer to this question is rather ambiguous. There are two different Canadian government organizations involved in this matter: The IRCC and the CBSA.

IRCC says that you, as a Spousal/Common-Law PR applicant, who has also applied for a first-time OWP (i.e. not a work permit renewal), you have what's now called 'Maintained Status', and you do not need to apply for a visitor record unless your application is returned (for missing items, etc.).

CBSA says the above-scenario does NOT provide maintained status, and that maintained status is only provided if you are renewing an existing work permit.

The takeaway here is that as long as you stay in Canada until your OWP is approved, you should be fine. If, after your visitor record expires, you leave Canada and then return, you could be flagged for overstaying your visitors visa. Odds are this wouldn't happen, but depends entirely upon the CBSA agent who processes you at the border.

Ok, thank you very much.
But my temporary number is not my application number, could I be sure that just with this am I in a maintained status?
Because they say really clear that:
"This application number is temporary and will no longer be valid once processing begins"
then, it doesn't begins yet?

 

[scylla]

Ok, thank you very much.
But my temporary number is not my application number, could I be sure that just with this am I in a maintained status?
Because they say really clear that:
"This application number is temporary and will no longer be valid once processing begins"
then, it doesn't begins yet?

You have implied status.

 

[estban]

You have implied status.

OK, thank you!

 

[Underhill]

Your temporary AOR number will be your final AOR number once it's audited for completeness - minus the 'X' at the beginning

You have implied status.

Correct - but only with IRCC. Not CBSA.

 

[estban]

Your temporary AOR number will be your final AOR number once it's audited for completeness - minus the 'X' at the beginning

Correct - but only with IRCC. Not CBSA.

what does it means is that I can't leave Canada until the moment I have the answer?

 

[scylla]

what does it means is that I can't leave Canada the moment I have the answer?

I'm not sure what you mean by "the answer".

Implied status is lost when you leave Canada. You can only maintain implied status if you remain in Canada without leaving.

 

[Underhill]

what does it means is that I can't leave Canada the moment I have the answer?

You're certainly able to leave Canada at any time (entry-country Covid restrictions notwithstanding), but, while on Maintained Status within Canada and your visitor extension expires, CBSA considers you out of compliance, and if you leave Canada and then return CBSA may flag you at the border. Actions could range from absolutely nothing as they wave your through, to banning you from entering Canada, depending on the mood of the CBSA agent.

 

[estban]

I'm not sure what you mean by "the answer".

Implied status is lost when you leave Canada. You can only maintain implied status if you remain in Canada without leaving.

mmmm, for IRCC I am in an implied status an I am no gonna leave Canada, that's ok? I am waiting for the OWP. But the CBSA is poccesing my application as well? or them are just if I want to cross a border?

sorry if my questions are so bad.

 

[estban]

You're certainly able to leave Canada at any time (entry-country Covid restrictions notwithstanding), but, while on Maintained Status within Canada and your visitor extension expires, CBSA considers you out of compliance, and if you leave Canada and then return CBSA may flag you at the border. Actions could range from absolutely nothing as they wave your through, to banning you from entering Canada, depending on the mood of the CBSA agent.

Thank you very very much!