Implied Status?

[qwop4321]

Hello,

Here is my situation. I was on CWP and my spouse is on OWP. And the WP is valid until March 2014.
Recently I quit my job and I know that I can stay until my WP expires. Meanwhile, my Wife's Employer have applied for CAQ & LMO (btw, I am in Montreal). My Visa has expired on July 2012.

And I am looking for the following answers:

1. Once my Wife's LMO is approved, I will be applying for my OWP along with her CWP. Meanwhile, before I receive the approved WP, will I be in Implied Status?
2. When my OWP is under approval, can I work for a new employer? Please confirm.

Cheers,
V

 

[computergeek]

1. Once my Wife's LMO is approved, I will be applying for my OWP along with her CWP. Meanwhile, before I receive the approved WP, will I be in Implied Status?

So your wife gives up her open work permit in exchange for a closed work permit; you then qualify for an open work permit as the spouse of a NOC O, A or B work permit holder.

If you have a new work permit application in process, you cannot work, but my read of the IRPR is that you can remain in Canada until they make a decision.

2. When my OWP is under approval, can I work for a new employer? Please confirm.

No. Once it has been approved, then you can work, but if you work prior to having a valid work permit for the employer and/or position, you are working illegally.

 

[qwop4321]

Thank you for your response. I have another question though.

1. Can I and my wife go to Border, do a Flag pole and get the Required Work Permit status changes? I am in Montreal currently.

** Our TRV is expired. We are staying here on the WP validity. Can we go to Canada-US border and get our WP status changed? Can that be done? Please advice...

My wife has received her LMO and all the other documents are in place. THe processing time applying the WP online / thru vergeville is more than 2 months...

 

[computergeek]

Thank you for your response. I have another question though.

1. Can I and my wife go to Border, do a Flag pole and get the Required Work Permit status changes? I am in Montreal currently.

** Our TRV is expired. We are staying here on the WP validity. Can we go to Canada-US border and get our WP status changed? Can that be done? Please advice...

My wife has received her LMO and all the other documents are in place. THe processing time applying the WP online / thru vergeville is more than 2 months...

As far as I've read, yes, you will be fine. The TRV isn't needed in this case because you are not traveling by commercial transportation and you're going to be refused by the US (it is an administrative refusal, but it doesn't count against you in the future.)

 

[qwop4321]

Thank you "computergeek".

Could you / anyone please suggest what is the best Border to approach to for Flagpole. (Considering I am in Montreal). Any advice / precautions / measures to be taken when doing Flagpole to get the WP . Please advice.

 

[computergeek]

Thank you "computergeek".

Could you / anyone please suggest what is the best Border to approach to for Flagpole. (Considering I am in Montreal). Any advice / precautions / measures to be taken when doing Flagpole to get the WP . Please advice.

Just make sure there are immigration services available. CBSA maintains a list of such POEs

 

[qwop4321]

Okay. In the list provided, I see the Airport Names also have been mentioned. Can I even go to Airport to get the WP or is it best advised to do Flagpole?

 

[scylla]

Okay. In the list provided, I see the Airport Names also have been mentioned. Can I even go to Airport to get the WP or is it best advised to do Flagpole?

No - you can't go to an airport - you must go to a land border.

You can only use an airport if you are flying into Canada from an international destination.

 

[computergeek]

No - you can't go to an airport - you must go to a land border.

My understanding is that you must be "entering" Canada in order to do this. That is why in the Flag pole case the US side gives you an administrative refusal (which IS a refusal, but one that doesn't count against you in the future) if you are not a US Citizen or Permanent Resident - the piece of paper (refusal) with the date stamp on it is sufficient to demonstrate that you were outside Canada to the CBSA folks. That's why it needs to be a land border (you can't really LEAVE Canada and then re-enter it at the airport).

 

[qwop4321]

Thank you 'scylla' and 'computergeek' for your valuable inputs.