Implied staus?

[tonquin802]

Hello,

My partner and I have submitted a Permanent Residence Application under the Family Class (Common Law). My visitor status has expired since the application was sent, though I am still within the 90 day restoration period. Do I need to apply for an extension on my visitor visa whilst we wait or is my status applied with the PR application?

Thank you.

 

[KBH]

Hello,

My partner and I have submitted a Permanent Residence Application under the Family Class (Common Law). My visitor status has expired since the application was sent, though I am still within the 90 day restoration period. Do I need to apply for an extension on my visitor visa whilst we wait or is my status applied with the PR application?

Thank you.

The PR application provides no implied status. However, the OWP application does. Unless you also applied for the OWP, you need to apply to restore your status.

 

[tonquin802]

Thanks KBH..I did apply for the OWP but I had to re-submit it after my status expired (missing copy of receipt on initial application). Again, I'm still inside the restoration period now but am concerned that due to re-submitting, my PR and OWP application may be compromised given at the date of re-submit the status had lapsed.

Thoughts?

Thank you.

 

[KBH]

Thanks KBH..I did apply for the OWP but I had to re-submit it after my status expired (missing copy of receipt on initial application). Again, I'm still inside the restoration period now but am concerned that due to re-submitting, my PR and OWP application may be compromised given at the date of re-submit the status had lapsed.

Thoughts?

Thank you.

Your PR application won’t be compromised (being in status is not a requirement to apply) but unfortunately the OWP application cannot be processed unless you are in status. They will likely notify you later on to let you know they won’t be processing the OWP app. They will also likely hang onto it and process it when you receive AIP (approval in principal ) but unfortunately that doesn’t happen until almost the end of the process.

If you apply for the OWP while you’re out of status, it doesn’t provide any implied status so you still need to restore your status ASAP. if you are able to successfully restore your status you may be able to submit another OWP application with proof of the restoration.

 

[tonquin802]

Your PR application won’t be compromised (being in status is not a requirement to apply) but unfortunately the OWP application cannot be processed unless you are in status. They will likely notify you later on to let you know they won’t be processing the OWP app. They will also likely hang onto it and process it when you receive AIP (approval in principal ) but unfortunately that doesn’t happen until almost the end of the process.

If you apply for the OWP while you’re out of status, it doesn’t provide any implied status so you still need to restore your status ASAP. if you are able to successfully restore your status you may be able to submit another OWP application with proof of the restoration.

Ok thanks for the insight KBH, much appreciated.

 

[canuck_in_uk]

Thanks KBH..I did apply for the OWP but I had to re-submit it after my status expired (missing copy of receipt on initial application). Again, I'm still inside the restoration period now but am concerned that due to re-submitting, my PR and OWP application may be compromised given at the date of re-submit the status had lapsed.

Thoughts?

Thank you.

When you re-submitted your OWP app, you needed to request Restoration as well and pay the $200 fee. Did you do that?

 

[tonquin802]

When you re-submitted your OWP app, you needed to request Restoration as well and pay the $200 fee. Did you do that?

No, I did not do that.

Strange thing was that there was no information missing from my OWP application, it was literally one copy of a receipt missing from the PR application, yet they sent both OWP and PR apps back to me. They clearly marked what was missing (just the receipt). In my haste to send it back I just re printed the missing receipt and sent it back off. The big quirk there being, whilst all this transpired my status expired (they had received the initial application 'in status')

As best I can tell my best course of action now is to apply for a restoration of status ASAP (the 90 days would be up start of Jan) and assuming I get it re-apply for the OWP. We're not sweating on the OWP as it's not crucial for us but I do want it.

Thoughts?

 

[KBH]

No, I did not do that.

Strange thing was that there was no information missing from my OWP application, it was literally one copy of a receipt missing from the PR application, yet they sent both OWP and PR apps back to me. They clearly marked what was missing (just the receipt). In my haste to send it back I just re printed the missing receipt and sent it back off. The big quirk there being, whilst all this transpired my status expired (they had received the initial application 'in status')

As best I can tell my best course of action now is to apply for a restoration of status ASAP (the 90 days would be up start of Jan) and assuming I get it re-apply for the OWP. We're not sweating on the OWP as it's not crucial for us but I do want it.

Thoughts?

That is indeed your best course of action.

In regards to the PR and OWP being sent back to you together: you must be applying for PR to be eligible for the OWP. If the PR app gets sent back for any reason, they also send back the OWP app because it's essentially useless to them without a PR app in process - they don't and can't process it unless you are applying for PR in tandem.

I wouldn't worry too much about not having mailed in your restoration with the OWP the second time around, I've heard of many instances lately where people have done that and it did not work (they still were notified that their OWP would not be processed until they receive AIP).

 

[tonquin802]

That is indeed your best course of action.

In regards to the PR and OWP being sent back to you together: you must be applying for PR to be eligible for the OWP. If the PR app gets sent back for any reason, they also send back the OWP app because it's essentially useless to them without a PR app in process - they don't and can't process it unless you are applying for PR in tandem.

I wouldn't worry too much about not having mailed in your restoration with the OWP the second time around, I've heard of many instances lately where people have done that and it did not work (they still were notified that their OWP would not be processed until they receive AIP).

Great insight KBH, truly appreciated. Thanks.