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Spousal petitioners - Implied status or Out of Status?

SandraA

Full Member
Sep 22, 2017
20
6
Hello,
I have a friend that is trying to apply for the PR through spousal (she is married to a Canadian) But she is not sure if she is Implied Status or Out of status.
Her study visa expired 4th July but she applied for post-graduate work permit in May, and due the processing times increased, it finally arrived denied SAME DAY as her visa expired.
Then she applied for restoration to Visitor, at 9.30PM Pacific Time same day (4th July), and in CIC website it was received 5 July at 12.30 AM East Time.
So I understand by researching (maybe not) that if she apply before her visa expires, she will be implied status. And if she apply after, she is out of status. She still waiting for an answer about this restoration of status since July, I guess it will arrive soon. She is not sure as which status fill the forms, and she is specially concerned for the OWP.
Should she wait for the answer before sending all the Spousal application? Could she send it without the OWP and send the OWP after restoring my status? It's better to send all as and that's it?

Any help will be really welcome.
Thanks in advance.

Greetings.
 

scylla

VIP Member
Jun 8, 2010
68,161
9,999
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Your post is a bit confusing. What arrived on July 4th? Her approved PGWP? The PGWP application to CIC's offices? Something else?
 

SandraA

Full Member
Sep 22, 2017
20
6
Hi,
On July 4th her study visa expired and the same day she got denied the PGWP so she applied for the restoration status that same day, but it was late here in Vancouver (9:30pm) so in Ottawa was already July 5th (a day after her study visa expired). She wants to know if she is implied status (when you apply before your permit expired and you are waiting for an answer, I believe) or if she is in restoration status and she is not going to be able to apply for the OWP through the spousal sponsorship.

Thank you!
 

canuck_in_uk

VIP Member
May 4, 2012
31,618
7,092
Visa Office......
London
App. Filed.......
06/12
Hi,
On July 4th her study visa expired and the same day she got denied the PGWP so she applied for the restoration status that same day, but it was late here in Vancouver (9:30pm) so in Ottawa was already July 5th (a day after her study visa expired). She wants to know if she is implied status (when you apply before your permit expired and you are waiting for an answer, I believe) or if she is in restoration status and she is not going to be able to apply for the OWP through the spousal sponsorship.

Thank you!
No, she doesn't have Implied Status. She is out of status. Time difference aside, applying for Restoration is completely different from applying to extend status. A person applying for Restoration is already out of status, so no Implied Status is granted when applying
 

scylla

VIP Member
Jun 8, 2010
68,161
9,999
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Agreed. She is definitely out of status.
 

SandraA

Full Member
Sep 22, 2017
20
6
Thank you so much for the help.
Another question, can she apply for the PR (spousal sponsorship) and then when her status is restored (visitor) apply for the OWP?

Thank you again!
 

canuck_in_uk

VIP Member
May 4, 2012
31,618
7,092
Visa Office......
London
App. Filed.......
06/12
Thank you so much for the help.
Another question, can she apply for the PR (spousal sponsorship) and then when her status is restored (visitor) apply for the OWP?

Thank you again!
Yes, she can apply for PR now and then apply for the OWP if her status is restored.