Implied Status - Special Circumstances to leave the country

[mduffin87]

Hello there

I applied inland for PR Family Sponsorship on Feb 22nd, 2013. Just waiting for Stage 1 approval for my wife (who is Canadian). I also sent off my work permit extension to receive implied status. However, my brother in Scotland is getting married in May and has asked me to be his best man. If we receive Stage 1 approval before the wedding, do the constraining rules of implied status still apply? I'd like to go to my brother's wedding, but, as I am the only source of income in the house I can't really afford to surrender my right to work. Has anyone been through anything like this?

Thanks!

 

[Line.a]

Hello there

I applied inland for PR Family Sponsorship on Feb 22nd, 2013. Just waiting for Stage 1 approval for my wife (who is Canadian). I also sent off my work permit extension to receive implied status. However, my brother in Scotland is getting married in May and has asked me to be his best man. If we receive Stage 1 approval before the wedding, do the constraining rules of implied status still apply? I'd like to go to my brother's wedding, but, as I am the only source of income in the house I can't really afford to surrender my right to work. Has anyone been through anything like this?

Thanks!

I personally wouldn't take the chance and get abroad until everything has been worked through. I have heard about a couple of people who have taken the chance, and it all went good, but it is still a fairly risky thing to do. Are you a UK citizen? Being visa excempt is definitely making your chances greater not getting in trouble at the border. If you do take the chance I'd include a lot of proof you paid for your pr application. As for your work situation I can't really say.

 

[Alurra71]

Hello there

I applied inland for PR Family Sponsorship on Feb 22nd, 2013. Just waiting for Stage 1 approval for my wife (who is Canadian). I also sent off my work permit extension to receive implied status. However, my brother in Scotland is getting married in May and has asked me to be his best man. If we receive Stage 1 approval before the wedding, do the constraining rules of implied status still apply? I'd like to go to my brother's wedding, but, as I am the only source of income in the house I can't really afford to surrender my right to work. Has anyone been through anything like this?

Thanks!

If you receive stage 1 before the wedding, it is a moot point as you will receive your OWP at the same time, so you no longer have 'implied' status, but an actual status.

If you have NOT received your OWP and stage 1 before you leave the country, then upon exiting the country you loose your implied status. Implied status only remains with you as long as you remain inside the borders of Canada.

 

[SenoritaBella]

He applied via the inland route. Is he not required to remain in Canada during processing? If he leaves Canada, doesn't that void the sponsorship?

 

[Alurra71]

Not automatically it doesn't. If he is refused entry back into Canada for ANY reason while his application is ongoing his application will be forfeit along with all the fees and he will have to begin again with a fresh outland application. That is a risk that anyone with an Inland application takes by leaving the borders of Canada during processing.

 

[zardoz]

The OP stated that he sent off a "work permit extension", not an OWP application. If this is correct, his loss of implied status would mean that he would reenter as a visitor, not a worker and therefore would no longer be able to work.

 

[Rob_TO]

The OP stated that he sent off a "work permit extension", not an OWP application. If this is correct, his loss of implied status would mean that he would reenter as a visitor, not a worker and therefore would no longer be able to work.

Yes, he would need to re-enter as a visitor (and hope no problems re-entering) and then re-submit the OWP application. So would need to wait until stage 1 approval and the OWP before can work legally again.

 

[mduffin87]

Woah, thanks for all the helpful replies!

When I started my application, I filled in both the application and the temporary work permit extension that they told me I'd have to fill in in order to extend my previous circumstances.

Seems like the general consensus is the only way to guarantee you won't lose status/forfeit application/ruin everything is to stay in the country until the whole process is complete.

I did my medical today, anybody who has done that before remember how long it took from there?

 

[canuck_in_uk]

Assuming you are a UK citizen, I'm curious as to why you applied inland instead of outland. Applying through London would have been much faster and would have allowed you to leave and enter Canada without risking the app.

I'm guessing that your work permit was soon to expire and you wanted Implied Status to allow you to continue working throughout the processing. What type of work permit did you hold?

 

[zardoz]

Hope it wasn't IEC...

 

[canuck_in_uk]

Hope it wasn't IEC...

My thoughts exactly zardoz.

 

[mduffin87]

It was indeed the IEC. Is there an issue with that one?

I applied inland because I live and work in Canada. I've got a much better job here than I had back in Scotland, and I didn't want to give that up.

 

[screech339]

It was indeed the IEC. Is there an issue with that one?

I applied inland because I live and work in Canada. I've got a much better job here than I had back in Scotland, and I didn't want to give that up.

That problem with IEC is that they don't cover "implied status". So when your IEC visa expires, you must quit your job and become a visitor until your OWP comes through. If in the event that you do in fact get your OWP (unlikely event), before your IEC visa expires, then nothing changes.

Screech339

 

[canuck_in_uk]

It was indeed the IEC. Is there an issue with that one?

I applied inland because I live and work in Canada. I've got a much better job here than I had back in Scotland, and I didn't want to give that up.

You cannot work on Implied Status if you were on an IEC.

See here for a good explanation http://www.canadavisa.com/canada-immigration-discussion-board/recent-unread-topics/-t177162.0.html;topicseen

 

[Alurra71]

Oh Jeez. If that IEC is expired, you should stop working now or risk having your application denied.

I really hate that CIC doesn't clarify with people about WHICH class of application they are sending. There is ONE area where you can 'bridge' that IEC to 'implied status' and family class is NOT it.

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