Implied Status for work permit along with a valid visitor record

[red1canada]

Hello,

My work permit in Canada is expiring soon, and I have to apply for a new one online to get the implied status before it expires. As I'm a spouse of a foreign worker with a valid work permit, I should have the right to get a visitor record from the immigration center at the borders, but this won't allow me to work. is it possible to have a valid visitor record and get the benefit of implied status for a work permit to continue working? I will need a visitor record to be able to travel to the US, as I heard, it is not recommended to travel to the US while having implied status only.

Please advise.

Regards,

 

[21Goose]

If you're applying for a work permit, why are you also applying for a visitor record? Your work permit application will grant you implied status and you can continue to live and work while you wait for the result of the application.

A visitor record doesn't grant you the right to reenter Canada. You will need a valid TRV (assuming you're not TRV exempt), a valid ETA or a valid work permit (if you're only going to the US and will return by private vehicle) to reenter. You cannot leave Canada and reenter on the basis of your implied status. Implied status ends the second you leave Canada.

 

[red1canada]

Thanks Goos,

I was thinking that visitor record gives me the right to visit the US, I traveled to the US multiple times using only my work permit while having my vistor visa stamped on my passport expired. I'm just trying to validate whether it is possible to apply for an extension for my work permit online to gain the implied status and continue working in Canada while having already a valid visitor record.

 

[21Goose]

Thanks Goos,

I was thinking that visitor record gives me the right to visit the US, I traveled to the US multiple times using only my work permit while having my vistor visa stamped on my passport expired. I'm just trying to validate whether it is possible to apply for an extension for my work permit online to gain the implied status and continue working in Canada while having already a valid visitor record.

You were allowed in because you had a valid work permit that granted you status. The visitor record by itself doesn't grant you the right to reenter Canada.

What exactly are you trying to do? You want to apply for the work permit, then get a visitor record and travel while you're waiting for the result? That won't work. You will lose implied status and won't be allowed back in.

 

[red1canada]

I'd like to have my visitor record in hands while waiting for my work permit which takes around 3 months, I heard that while having implied status only, I won't be able to visit immigration offices at borders with the US, I want to have the ability to visit them onsite in case they reject my WP application, this will help me to fix my situation onsite instead of waiting for another 3 months.

Regards,

 

[21Goose]

I'd like to have my visitor record in hands while waiting for my work permit which takes around 3 months, I heard that while having implied status only, I won't be able to visit immigration offices at borders with the US, I want to have the ability to visit them onsite in case they reject my WP application, this will help me to fix my situation onsite instead of waiting for another 3 months.

Regards,

And who told you that you can't visit immigration offices while on implied status?

In your scenario, you want the ability to flagpole for the work permit. You can do that right now. You can go on implied status and then attempt to flagpole, you don't need a visitor record.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

Temporary residents from TRV-required countries who are on implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon may apply for a new or subsequent work permit at the POE, as they fall under the exception of subsection R198(1).

So, if your work permit is denied at the Port of Entry, you will then be out of status and will be asked to leave Canada.

Why wait for a rejection - if you get rejection in your inland application, why do you think you'll get a work permit when you flagpole? A denial of your inland application will mean you are no longer in implied status and therefore you cannot flagpole.

 

[21Goose]

And yes, you can apply for a work permit while you have a visitor record if you want to.

 

[red1canada]

And who told you that you can't visit immigration offices while on implied status?

In your scenario, you want the ability to flagpole for the work permit. You can do that right now. You can go on implied status and then attempt to flagpole, you don't need a visitor record.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

Temporary residents from TRV-required countries who are on implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon may apply for a new or subsequent work permit at the POE, as they fall under the exception of subsection R198(1).

So, if your work permit is denied at the Port of Entry, you will then be out of status and will be asked to leave Canada.

Why wait for a rejection - if you get rejection in your inland application, why do you think you'll get a work permit when you flagpole? A denial of your inland application will mean you are no longer in implied status and therefore you cannot flagpole.

Thanks, that's good news! , my lawyer told me that it is not recommended to flagpole with implied status, as they wouldn't allow me to reenter.

Regarding your point about visitor record won't allow me to reenter Canada from the US, I believe that using same visitor record I should be allowed get a visa stamped on my passport, and this will allow me even to reenter Canada from any country. As I'm a spouse of a foreign worker, I have the right to stay in Canada with my spouse, so even if my work permit got refused, I should still have the right to stay, but will lose the right to work.

regards

 

[21Goose]

It's not recommended, but it is possible. Search the forum for "implied status flagpole" and you'll find threads where people in similar circumstances got a permit.

It would be better to just stay in Canada for the three months unless you absolutely have to get the work permit early. You can keep working on implied status.

Regarding your point about the "right to stay in Canada as the spouse of a foreign worker". There is no such right and your belief is not correct.

Plenty of spouses of foreign workers get denied entry, or denied a work permit, and you can be denied as well. That's why your lawyer is recommending that you stay in Canada under implied status. If you are physically in Canada, there are ways to restore status, but if you leave and get denied entry.. you're stuck.

Assuming your work permit is denied at the port of entry, the CBSA office can choose to cancel your visitor record and deny you entry. This is not very likely unless there's something in your immigration history that's a red flag - but it is possible. If your work permit is approved, then you have status and will be allowed in for sure.

 

[canuck_in_uk]

Thanks, that's good news! , my lawyer told me that it is not recommended to flagpole with implied status, as they wouldn't allow me to reenter.

Regarding your point about visitor record won't allow me to reenter Canada from the US, I believe that using same visitor record I should be allowed get a visa stamped on my passport, and this will allow me even to reenter Canada from any country. As I'm a spouse of a foreign worker, I have the right to stay in Canada with my spouse, so even if my work permit got refused, I should still have the right to stay, but will lose the right to work.

regards

To be clear, you are a foreign national and have no right to stay in Canada or enter, regardless of whether your spouse is here or not.

If you qualify for a work permit extension, just apply for that and wait for approval before leaving Canada. There is no point in applying for a Visitor Record. It has nothing to do with entry to Canada.

If you apply for the work permit and leave Canada while on Implied Status, you will be evaluated as a visitor when re-entering. You will not be allowed to work until your new work permit is approved.

 

[abvjav]

Hi all !
I initially came to Canada on a study visa but I dropped out due to personal reasons. Since my spouse is on PGWP, I applied and received a visitor record(in-Canada) that expires on 31st Dec, 2019.

Since I cannot re-enter Canada with Visitor Record, I could not apply for an open work permit which requires me to give Biometrics in the process( I should leave Canada to give Biometrics). I have also applied for PR (as a spouse)with 3rd March AOR, which crossed 6 months timeline by Sep 10th of 2019. I'm totally stuck now. I wanna work to manage my finance. Can anyone guide me in this situation?

one another question is, can i apply for TRV (so that it allows me to re-enter canada) and file Open work permit at the same time?

 

[canuck_in_uk]

Hi all !
I initially came to Canada on a study visa but I dropped out due to personal reasons. Since my spouse is on PGWP, I applied and received a visitor record(in-Canada) that expires on 31st Dec, 2019.

Since I cannot re-enter Canada with Visitor Record, I could not apply for an open work permit which requires me to give Biometrics in the process( I should leave Canada to give Biometrics). I have also applied for PR (as a spouse)with 3rd March AOR, which crossed 6 months timeline by Sep 10th of 2019. I'm totally stuck now. I wanna work to manage my finance. Can anyone guide me in this situation?

one another question is, can i apply for TRV (so that it allows me to re-enter canada) and file Open work permit at the same time?

If your spouse has a skilled job and 3 payslips, you can apply for an OWP within Canada, which would make you exempt from biometrics

 

[abvjav]

If your spouse has a skilled job and 3 payslips, you can apply for an OWP within Canada, which would make you exempt from biometrics

Hi canuck_in_uk!
Thank you so much for taking the time to reply to my post. I checked in the cic page but it says I need to give biometrics for OWP (since I didnt give one in the past).

Do you think this works? I apply for OWP( I'll then have implied work permit status until a final decision is made(8 to 10 weeks), meanwhile I apply for VISITOR VISA (since it gives me the travel permit/ to re-enter Canada). Visitor visa, if an in canada application requires that one have a study or work permit, so I'm thinking if applying OWP first followed by this will solve the problem of re-entry. What do you suggest?

 

[canuck_in_uk]

Hi canuck_in_uk!
Thank you so much for taking the time to reply to my post. I checked in the cic page but it says I need to give biometrics for OWP (since I didnt give one in the past).

Do you think this works? I apply for OWP( I'll then have implied work permit status until a final decision is made(8 to 10 weeks), meanwhile I apply for VISITOR VISA (since it gives me the travel permit/ to re-enter Canada). Visitor visa, if an in canada application requires that one have a study or work permit, so I'm thinking if applying OWP first followed by this will solve the problem of re-entry. What do you suggest?

Read the first note.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/biometrics/exemptions.html

I suggest you apply for the OWP.

 

[abvjav]

Read the first note.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/biometrics/exemptions.html

I suggest you apply for the OWP.

Thank you so much! I'm plannig to apply OWP soon!!
One followup question, do i get to search for job/ begin working before getting the OWP approved?