Implied status for TFW applying for PR family spousal sponsorship

[Joe2013]

Hi,

I am a PR since 1980, got back after a long absence but now with almost 3 years of continue residence in Canada, never had a report (A44).

My wife TFW permit expires in Feb 2015, and my son visitor record is expiring too.

The question is:

Can my wife keep working for the same employer until she will received the open work permit requested and sent with the spousal sponsorship application?

For my son I will apply for an extension as a visitor (he is in JK) until decision is made on the spousal and dependant PR sponsorship.

I've called several times agents, and they said yes she can keep working but an immigration consultant is saying that all the agents are wrong.

Please help me, I'm sending the application this week.

Best regards,

Joe.

 

[scylla]

Your earlier posts indicate you have sponsored your wife using the outland process. If that's correct, there will be no open work permit. Open work permits are only granted as part of the inland process.

 

[Joe2013]

Good point, I should erase that. No, we opted for the inland so she can keep working!

 

[Rob_TO]

Good point, I should erase that. No, we opted for the inland so she can keep working!

If you applied for her PR INLAND before he current TFW permit expired, and if you included an app for OWP along with the PR app... then yes she would be on "implied" status and could continue to work under the same conditions as her current permit (so only for that same employer) until she got her OWP (currently around 14 months).

 

[Joe2013]

Thanks Rob, I was told this several times by different agents but a consultant friend of mine was misleading me. Thanks.

 

[Joe2013]

I have a couple of questions:
1: The birth certificate for my son is dated 2010, when he was born, I'm using that because it's already been translated and the translator will give me another copy and official translation of that for a cheaper price. (I know that police has 3 months expiring date)
2: The marriage certificate is dated May 2014, is that ok?
3: Having only 1 son into my wife's application 0008 we don't need to send the 0o08DEP, is this correct?
4: In order to keep the OHIP (Ontario Health Insurance) coverage they ask for a " written confirmation from CIC that you are eligible to apply for permanent residence in Canada" this confirmation will be received after a first screening, it means a couple of months, or after 14 months my assessment?

Thanks in advance.

 

[canuck_in_uk]

1: The birth certificate for my son is dated 2010, when he was born, I'm using that because it's already been translated and the translator will give me another copy and official translation of that for a cheaper price. (I know that police has 3 months expiring date)
2: The marriage certificate is dated May 2014, is that ok?
3: Having only 1 son into my wife's application 0008 we don't need to send the 0o08DEP, is this correct?
4: In order to keep the OHIP (Ontario Health Insurance) coverage they ask for a " written confirmation from CIC that you are eligible to apply for permanent residence in Canada" this confirmation will be received after a first screening, it means a couple of months, or after 14 months my assessment?

1 and 2. Birth and marriage certificates don't expire. It doesn't matter when they are dated.

3. Correct, you don't need that form.

4. Not sure but you may have to fight OHIP for your wife's coverage. Try reading here http://www.canadavisa.com/canada-immigration-discussion-board/important-ohip-eligibility-info-for-all-pr-applicants-residing-in-ontario-t56695.0.html

 

[Rob_TO]

4: In order to keep the OHIP (Ontario Health Insurance) coverage they ask for a " written confirmation from CIC that you are eligible to apply for permanent residence in Canada" this confirmation will be received after a first screening, it means a couple of months, or after 14 months my assessment?

For inland sponsorship, that means after you get first stage approval which is currently taking 14 months, plus another 3 months OHIP waiting period.

I don't think OHIP recognizes "implied" status, so while someone can continue to work on implied status, I don't think OHIP they were getting as a TFW continues after the work permit expires. Though I'm not 100% certain on this, best to ask in Health or Foreign Workers section of the forum.

 

[Joe2013]

Thanks for your help.