Help!... Staying with in status??

[Canadagirl85]

Hey all


My wife just got a visitor visa and I want to make sure everything is going as it is suppose to.

I am sponsoring her , Inland.


My wife’s status was up Dec 31 2010.

Before Dec 31 2010 we submitted an application for a visitors visa( dec 23rd 2010).- She now has "implied status" and is not over staying her visa.( We needed more time to get our application for perm residence ready and make sure we had EVERYTHING).

March 8th we submitted our application per perm residence. It was received March 14th.

Today we received in the mail her visitor’s visa which is valid until July 1 2011.

We did not submit an application for an open work permit.
Because we submitted out application for perm residence in March does that not mean she is again "implied status" once her visitors visa expires July 1 2011? I started readying stuff on the CIC website that confused me I just wanted to make sure that I have the right understanding.


As always everyone thank you for your help and advice!

 

[needmyhushand]

That ok it means that they are working on ur file but you will hwar nothing untill maybe oct2011 also it is good to exten your wife visa no worrys on the right track

 

[CharlieD10]

No, she is not automatically on implied status in July when her visitor's visa expires. She must continue to maintain legal status while waiting for the PR processing. You should send another request for extension, this time with proof that you submitted the PR application, and explain that you are requesting the extension on the basis of that PR application. Remember, you should ideally submit an application for extension 30 days before the current status expires, so you need to do this ASAP. When you have made the request for extension, THEN she will be on implied status until you get a response.

 

[Canadagirl85]

So another visa extension:s Becasue we submitted our application for PR does that not mean she gets implied status ? Could we maybe apply for a work visa now instead of another visitors visa?

 

[CharlieD10]

If you did not apply for an Open Work Permit with your PR application, you will have to do so separately, and there is no guarantee they will match up the applications, so you should definitely ensure that you mention that a PR application was submitted.

You may also try to get an LMO from a willing employer.

No, that is not how implied status works. An application for permanent residence does not remove her responsibility to remain in status in Canada. Her current status is that of visitor, and this should be kept current and legal until such time as she is granted PR.

 

[ditta]

If you did not submit an OWP with the PR application, your wife will not get implied status automatically after her visitor visa expires on July 1st 2011 until she gets AIP/ first stage approval. What you need to do is submit another extension request for her visitor status. Make sure to include the receipt that you paid the fees for the PR, write a cover letter explaining that you have already submitted a PR application inland without an OWP and your wife needs to remain in Canada in order to fulfill the requirements. Make sure to include proof of financial support, 3 month paystubs from you, bank account summary, any saving that you have. They must give her another extension until her PR gets processed. The most important thing that you MUST include is the RECEIPT of the PR fees,they can match up the PR application and the visitor appl with the receipt number.
Do not send an OWP application until she gets first stage, because they do not match up those and they will just reject the OWP.
Good luck with your application and hope this help a bit! I was in the same situation and needed to maintain my legal status up until I received 1st and 2nd stage at the same time.

 

[Canadagirl85]

I heard someone sent in an open work permit and wrote on the top of the envelop " do not open until first stage approval " and put the name address client I'd number and name. Has anyone hear of this ?

 

[ditta]

It will not get approved. They changed rules about the OWP, I have to look after when exactly, for inland PR applicants. They accept them no more separately. Do not bother with it, I wanted to do it also as my WP expired in 2010 December and my PR application wouldn`t have got processed until 2011 April. I had to get a new LMO and apply for a WP extention to remain in status. If you want to double confirm, contact the Call Centre. They will thell you the exact same, you are going to waste 150$.
The visitor visa extension will be approved, as it is a must for your wife to remain in Canada in order to meet the requirements of an inland application.

 

[Canadagirl85]

Ok thank you so much ditta!! Thank you everyone for your advice . Everyone here is so amazing ! Thanks again


L

 

[ditta]

Hey, no problem! I got the best and most accurate information and advice all the time here.

 

[Canadagirl85]

Hey, no problem! I got the best and most accurate information and advice all the time here.

Yes this board has been such a big help.