Implied status from OWP? A lot of controversy on this topic.

[Joeydocs]

Hello everyone, I came to Canada as a visitor in 2017, studied in 2018, and worked in 2019-2020. My work permit expired on may 5th 2020. A month before expiration I applied for a visitors extension stating that we would be applying for common law sponsorship and wished to file it inland. But due to some covid-19 related things I wasn’t able to get certain documents I needed for the sponsorship and used that reasoning in my explanation letter. On June 8th I submitted a sponsorship package to CPC Mississauga with an open work permit application and it was received. Also I sent a webform to IRCC with the receipts to prove I paid and submitted the app and received an email saying it was forwarded to the responsible office. Does anyone know if they will accept the receipts I’ve sent to them? I’m a little nervous because I sent the sponsorship app already and if it is refused it will really complicate things.

 

[Joeydocs]

Hello everyone, I came to Canada as a visitor in 2017, studied in 2018, and worked in 2019-2020. My work permit expired on may 5th 2020. A month before expiration I applied for a visitors extension stating that we would be applying for common law sponsorship and wished to file it inland. But due to some covid-19 related things I wasn’t able to get certain documents I needed for the sponsorship and used that reasoning in my explanation letter. On June 8th I submitted a sponsorship package to CPC Mississauga with an open work permit application and it was received. Also I sent a webform to IRCC with the receipts to prove I paid and submitted the app and received an email saying it was forwarded to the responsible office. Does anyone know if they will accept the receipts I’ve sent to them? I’m a little nervous because I sent the sponsorship app already and if it is refused it will really complicate things.

Do I get implied status from the OWP app? Or do I have to wait for AOR? Ive seen a lot of controversy on this topic.

 

[bian07]

I'm actually in the same boat as you, I applied for extension in february, for sponsorship in may and sent them 2 webforms for the extension now with the documents that I sent the sponsorship in (the last one I sent because it has been over the normal processing time for me now) I have received answers that they forwarded them to the office that does them but that's it. I really hope they wont deny the visitor record

 

[scylla]

Do I get implied status from the OWP app? Or do I have to wait for AOR? Ive seen a lot of controversy on this topic.

There's no controversy

In your case you do not have implied status from the OWP. You have implied status due to the application you submitted to change your status to visitor. This is what allows you to remain in Canada legally.

You would only have implied status from the OWP if the OWP application had been received by IRCC before your work permit expired. Since it was sent afterwards, this is not what is giving you implied status - it's the visitor application that's giving you implied status.

AOR has nothing to do with implied status.

 

[scylla]

You get implied status from the owp and it starts when they receive the application.

I'm actually in the same boat as you, I applied for extension in february, for sponsorship in may and sent them 2 webforms for the extension now with the documents that I sent the sponsorship in (the last one I sent because it has been over the normal processing time for me now) I have received answers that they forwarded them to the office that does them but that's it. I really hope they wont deny the visitor record

Again, only if the OWP is received before an individual's current status expired.

OP's OWP application was received by IRCC AFTER their work permit expired. The OWP cannot granted implied status in this case.

The visitor application (filed before the OP's work permit expired) is what's giving implied status in this scenario.

 

[bian07]

Again, only if the OWP is received before an individual's current status expired.

OP's OWP application was received by IRCC AFTER their work permit expired. The OWP cannot granted implied status in this case.

The visitor application (filed before the OP's work permit expired) is what's giving implied status in this scenario.

Thank you for explaining it better!

 

[Joeydocs]

You get implied status from the owp and it starts when they receive the application.

I'm actually in the same boat as you, I applied for extension in february, for sponsorship in may and sent them 2 webforms for the extension now with the documents that I sent the sponsorship in (the last one I sent because it has been over the normal processing time for me now) I have received answers that they forwarded them to the office that does them but that's it. I really hope they wont deny the visitor record

Me too. And wow February? I’m surprised you haven’t heard anything back. 2 people that applied in early March heard yesterday and today that their app was refused.

 

[bian07]

Me too. And wow February? I’m surprised you haven’t heard anything back. 2 people that applied in early March heard yesterday and today that their app was refused.

Yeah february 5th to be exact. I sent them the second webform on wednesday last week or so and got response today that they received it, forwarded the documents I included and are still working on my application. Seeing the people that applied after me getting refusals makes me incredibly anxious

 

[Joeydocs]

Again, only if the OWP is received before an individual's current status expired.

OP's OWP application was received by IRCC AFTER their work permit expired. The OWP cannot granted implied status in this case.

The visitor application (filed before the OP's work permit expired) is what's giving implied status in this scenario.

Do they usually accept extra documents submitted through the webform if they don’t ask for them? I read that they won’t on the website, but have seen some people have some success.

 

[Joeydocs]

Yeah february 5th to be exact. I sent them the second webform on wednesday last week or so and got response today that they received it, forwarded the documents I included and are still working on my application. Seeing the people that applied after me getting refusals makes me incredibly anxious

Don’t be anxious. No news is good news. Maybe you could order gcms notes to see if they’ve even looked at your file.

 

[bian07]

Don’t be anxious. No news is good news. Maybe you could order gcms notes to see if they’ve even looked at your file.

hey you were right! They just updated my visitor record and it got approved, so sending in my documents probably helped!

 

[Underhill]

An additional FYI on the topic: Implied status (as it relates to the PR + OWP application scenario herein) is only valid while you're in Canada. Meaning, if your visitor status expires while waiting for your already submitted PR + OWP application you can legally stay in Canada until the application is approved or denied. If you leave Canada and try to return - even for a few minutes to dash across the border to run errands - implied status means nothing to CBSA. You're just a visitor trying to cross the border.

Even if you're married (or partnered) to a Canadian citizen or PR holder, the temporary rules for us 'significant others' are changing almost daily, and are being implemented rather unevenly. So if you do need to leave Canada and come back it's advisable to carry a complete copy of your PR + OWP application with you. I'm the PR + OWP applicant (US citizen) and recently had to drive to the US (from BC), and having a copy of my application to prove I was married to a Canadian citizen was the ONLY way I got back in - even though I was gone less that an hour (and I had to self-quarantine).

 

[Joeydocs]

hey you were right! They just updated my visitor record and it got approved, so sending in my documents probably helped!

Awesome!!!