Implied status - Sponsership for PR and Open Work Permit

[newsaeedr]

I applied for my common-law partner to get her PR and an open work permit (OWP). At the time we submitted the application, she had a work permit under working holiday (international experience Canada), but that work permit is expired now.

According to 'implied status' conditions described in here, she was able to work legally even after her work permit was expired, since we submitted it early enough.

The problem is that we just received back the application for PR and OWP today, which was returned to us due to some minor mistake in one of the application forms. Of course, we are still able to re-submit the application after correcting the form, but what I can't figure out is whether after re-submission the implied status will still hold for her? I want to know if she can legally work in Canada until we get a decision on the re-submitted application? Note that her working holiday work permit expired three weeks ago.

Thanks in advance.

 

[le chat orange]

She no longer has implied status because the application was returned and is now out of status because her other work permit is expired.

Look up "restoration of temporary resident status" and see if you could possibly restore her status since it's only been 30 days and you can restore up to 90 days.

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Applicant requirements
The applicant must

• apply within 90 days of having lost their status;
• meet the initial requirements for their stay;
• have not failed to comply with any other condition (e.g., working without being authorized to do so);
• meet the requirements of the class under which they are currently applying to be restored as a temporary resident.
• have lost their status because they have failed to comply with any of the following conditions:
  • Paragraph R185(a)
    The period authorized for their stay.
  • Subparagraphs R185(b)(i) to (iii)
    The work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the
    • type of work,
    • employer, and
    • location of work.
  • Paragraph R185(c)
    The studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the
    • type of studies or course,
    • educational institution,
    • location of the studies, and
    • times and periods of the studies.

Contrary to applicants to whom we recognize an implied status, persons awaiting restoration have lost their status and may not continue to work or attend school.

 

[canuck_in_uk]

I applied for my common-law partner to get her PR and an open work permit (OWP). At the time we submitted the application, she had a work permit under working holiday (international experience Canada), but that work permit is expired now.

According to 'implied status' conditions described in here, she was able to work legally even after her work permit was expired, since we submitted it early enough.

The problem is that we just received back the application for PR and OWP today, which was returned to us due to some minor mistake in one of the application forms. Of course, we are still able to re-submit the application after correcting the form, but what I can't figure out is whether after re-submission the implied status will still hold for her? I want to know if she can legally work in Canada until we get a decision on the re-submitted application? Note that her working holiday work permit expired three weeks ago.

Thanks in advance.

She is out of status and must apply for Restoration. She is not allowed to work.

 

[newsaeedr]

@le chat orange
@canuck_in_uk

Thanks for you prompt replies. A few immediate questions:

- Does that mean she can't stay in Canada anymore - at what point is she considered illegal in Canada? If we apply for restoration, does that automatically give her permit to stay in Canada, or should we apply for visitor visa now?

- Reading more about this online, I have the impression that for restoration application, we just need to resubmit the sponsorship for PR plus OWP applications, but this time select the option of "Restore my status as a worker" on question 3 of the IMM5710. Is that the right way to do it?

- I can't find any estimate on how long restoration application process takes. Any idea about this? Also particularly, if it is the OWP application as in the previous question)

Thanks in advance!

- PS:The envelope that we received with the returned documents, also includes the original UPS shipping label that was on the package when I sent it to immigration Canada. Any ideas why they have sent that label back?

 

[canuck_in_uk]

@le chat orange
@canuck_in_uk

Thanks for you prompt replies. A few immediate questions:

- Does that mean she can't stay in Canada anymore - at what point is she considered illegal in Canada? If we apply for restoration, does that automatically give her permit to stay in Canada, or should we apply for visitor visa now?

- Reading more about this online, I have the impression that for restoration application, we just need to resubmit the sponsorship for PR plus OWP applications, but this time select the option of "Restore my status as a worker" on question 3 of the IMM5710. Is that the right way to do it?

- I can't find any estimate on how long restoration application process takes. Any idea about this? Also particularly, if it is the OWP application as in the previous question)

Thanks in advance!

- PS:The envelope that we received with the returned documents, also includes the original UPS shipping label that was on the package when I sent it to immigration Canada. Any ideas why they have sent that label back?

She is already illegal. Applying for Restoration allows her to stay but does not actually grant her status. A visitor visa is not an option.

Yes.

Restoration apps are individual. Expect at least several months.

No idea about the label.