Spouse Sponsor, WHV, Implied Status, Baby due in July.... Please Help!!

[tonywgs]

Hi all,

I’ll just explain everything and then see if you can give us some advice and/or help us out.
To help you understand where we are I’ll go through it with you from the start.

I arrived into Canada from Australia on the Working Holiday Visa on the 15 Jan 2013. I was 30 when I applied for the Visa and also 30 when I entered Canada. I’m 33 now and too old to apply for another Working Holiday Visa as the age limit for this visa is application before you turn 31. My DOB is January 22 1982.

I established my own Ltd. company in 2013 and I consult to engineering firms as an independent contractor (I was just fired from the last company I was contracting with for the last 2 years on Monday).

I was married to my gorgeous wife in July 2014. She is a Canadian Citizen and we continue to live together in Calgary. We have our first child due in July this year.

Following our wedding in July 2014 we put together our Family Class Souse Sponsorship as well as an application to extend my stay in Canada as a worker application. I carried out the medical checks and the chest X-Rays and submitted this with the application as well.

On the 26th September we received notification that CIC had received our Family Sponsorship application on the 4th of September.

At the end of October or into November we received our full application package back from the CIC saying that it was incorrect and incomplete, as the forms for the Family Sponsorship I had completed were for an outside Canada application instead of an inside Canada application.

We completed the what we think are the correct forms and resubmitted the application (documents relating to checklists IMM5443 and IMM5491 and for the worker extension documents relating to checklist IMM5710).

On the 27th January we received notification that CIC had received our corrected Family Sponsorship application on the 21st of November.

As of the 15th January 2015 my Working Holiday Visa expired and I'm under the impression I'm now in an Implied Status.

Note: We haven’t received anything saying that the work extension visa we have applied for is in fact the incorrect visa, nor have we heard anything back from the second application we made apart from that it has been successfully received.

With the applications I paid the following fees:
Right to Land : $490
Spouse Sponsorship : $550
Worker : $155

1. If I'm correct in assuming I have Implied Status?
2. If I don't, am I currently residing in Canada illegally (I'm not currently working, but I was working up until Monday 23rd Feb)?
3. Does the fact my wife is 5 months pregnant play into the situation at all (she has Placenta Previa with the pregnancy and is not allowed to travel)?

Given the situation I'm in I would love a response from someone in the know about this topic.

Thanks so much in advance!
Tony

 

[tonywgs]

Further to this, both applications were sent together to Mississauga.

 

[screech339]

Working holiday visa does not give you implied status to keep working. If you are working, you must stop working immediately. The only implied status is the "implied status as a visitor".

Screech339

 

[canuck_in_uk]

At the end of October or into November we received our full application package back from the CIC saying that it was incorrect and incomplete, as the forms for the Family Sponsorship I had completed were for an outside Canada application instead of an inside Canada application.

We completed the what we think are the correct forms and resubmitted the application (documents relating to checklists IMM5443 and IMM5491 and for the worker extension documents relating to checklist IMM5710).

1. If I'm correct in assuming I have Implied Status?
2. If I don't, am I currently residing in Canada illegally (I'm not currently working, but I was working up until Monday 23rd Feb)?
3. Does the fact my wife is 5 months pregnant play into the situation at all (she has Placenta Previa with the pregnancy and is not allowed to travel)?

Did you mean to apply outland the first time around or were you trying to apply inland? It's a shame you did apply inland, as Sydney is a very fast VO and you would have most likely had PR in 6-8 months with an outland app.

IMM5491 is not a part of the inland application; it is an outland app checklist. Hopefully it won't cause more confusion with your app when they actually start to review it.

1. You have Implied Status as a visitor. You cannot work until you receive your OWP.

2. You are not illegally in Canada.

3. No, her pregnancy has zero effect on the application.

 

[tonywgs]

Thanks for the replies guys.

Sorry Cunuk_in_uk I made an error in my post, you are correct, with my first application that was returned I Sent the documents relating to IMM5591.... The second time we submitted, our documents were relating to iMM5443 (inland application).

I assume this doesn't affect the answers you gave, but just clears it up that yes I have applied inland, and yes I believe I have sent off the correct forms.

Based on the new Pilot Program for family Class sponsorships, I belive I should be receiving my open work permit very shortly as even though my application was submitted prior to the December 22 start date of the pilot program, they are going back and retrospectively giving OWP's to those people who submitted OWP applications with their initial application.

This has been expressed by a couple of immigration consultants and lawyers I have spoken with on the topic.

Fingers crossed it arrives shortly.

Thanks again for the responses.

 

[Rob_TO]

If CIC actually sticks to their timelines provided for this new OWP pilot program, you "should" be getting your OWP any day this month assuming they are going by the date they received your corrected application. People who submitted complete apps last summer have already received their OWPs under pilot program. Though with CIC, who really knows.

If your IEC work visa expired Jan 15, then technically any work you are doing right now is illegal, until you actually get the OWP.

Though to be perfectly honest, CIC is very lax at enforcing or going after people that work on expired IEC visas under the (false) assumption of implied work status. So while you should stop working now until you get OWP (if you haven't already), I also wouldn't worry if you did work a bit on expired IEC up to now as most likely nothing will be discovered or happen.

 

[tonywgs]

Thanks for all your replies guys. I love the pilot program initiative. Finally it is taking stress off families in this immigration situation, some other countries could take a leaf out of Canada's book here.

 

[tonywgs]

Just a final update on this. I recieved my OWP in the mail today.

It took just under 4 months to receive the permit from the date I submitted the applications.

Big relief.

Thanks for all the advice in this forum. It has really been a lifesaver for me.