Valid visa or Implied status for OWP?

[pedrojorge]

Hello Everyone,
I am on implied status now because I applied for visitor extension in august, and the processing time is currently about 4 months. In November my boyfriend and I are getting married for the sponsorship, but someone told me that if I'm on implied status when we submit the application they will deny my Open Working Permit. Is that true?

If they deny my visitor visa extension in december I need to apply again and wait for the approval and then apply for the OWP? It would take so long

 

[MaryL]

I thought implied status only happens when you have applied for owp. Just applying for extension of a visitor visa does not give you implied.

 

[canuck_in_uk]

Hello Everyone,
I am on implied status now because I applied for visitor extension in august, and the processing time is currently about 4 months. In November my boyfriend and I are getting married for the sponsorship, but someone told me that if I'm on implied status when we submit the application they will deny my Open Working Permit. Is that true?

If they deny my visitor visa extension in december I need to apply again and wait for the approval and then apply for the OWP? It would take so long

Hi

No, that is not true. The OWP is denied for people who have no legal status. Implied Status is still legal status.

If they deny your visitor extension, you will need to apply for Restoration. If you apply for PR within 90 days of the refusal, you can apply for Restoration as a worker in the OWP app.

 

[canuck_in_uk]

I thought implied status only happens when you have applied for owp. Just applying for extension of a visitor visa does not give you implied.

Incorrect. Implied Status is granted anytime a person applies to extend their temporary residency status prior to the expiry of their current status. It doesn't matter if that status is visitor, worker or student.

 

[MaryL]

Incorrect. Implied Status is granted anytime a person applies to extend their temporary residency status prior to the expiry of their current status. It doesn't matter if that status is visitor, worker or student.

Gotcha

 

[starnaenae]

I thought implied status only happens when you have applied for owp. Just applying for extension of a visitor visa does not give you implied.

It does if you still have status when you apply

 

[pedrojorge]

Hi

No, that is not true. The OWP is denied for people who have no legal status. Implied Status is still legal status.

If they deny your visitor extension, you will need to apply for Restoration. If you apply for PR within 90 days of the refusal, you can apply for Restoration as a worker in the OWP app.

I understand. Good to know that is possible. Just another question: when I apply for restoration I am considered out of status or still on implied status?

 

[canuck_in_uk]

I understand. Good to know that is possible. Just another question: when I apply for restoration I am considered out of status or still on implied status?

You would still be out if status. If Restoration is approved, it basically retroactively legalises your stay to the point when your status originally expired. If it is refused, you will be considered to have been out of status the whole time.

 

[pedrojorge]

You would still be out if status. If Restoration is approved, it basically retroactively legalises your stay to the point when your status originally expired. If it is refused, you will be considered to have been out of status the whole time.

I appreciate your help. I just called the consultant and she said I can only use the option "Restoration of your Status as a Worker" if I had a work permit before and if had expired", which is not the case because my last status was as a short-time student (SX-1 visa). I don't know now what to do in case they deny my extension.

 

[canuck_in_uk]

I appreciate your help. I just called the consultant and she said I can only use the option "Restoration of your Status as a Worker" if I had a work permit before and if had expired", which is not the case because my last status was as a short-time student (SX-1 visa). I don't know now what to do in case they deny my extension.

Your consultant is an idiot. It doesn't matter what your status was before.

 

[pedrojorge]

Your consultant is an idiot. It doesn't matter what your status was before.

hahaha. I haven't hired her yet, and I probably should not do it. Thank you for your attention.

 

[canuck_in_uk]

hahaha. I haven't hired her yet, and I probably should not do it. Thank you for your attention.

Definitely do not hire her. You can do everything yourself and just ask on the forum when you have questions.

As for Restoration, just wait until you actually get an answer on the extension app before worrying about that.