HELP Visitors status expired before OWP approval

[CanUK333]

HELP: we submitted a PR and OWP application early November. Our PR application had been able to be linked and was marked received Nov 8th. However, we still do not have OWP approval and when we rang, the agent said there isn’t even an application number or file started yet for our OWP!

visitors status expired March 1st

I understand that my husband would be on “implied status” while an OWP is being reviewed but what if the application is not even being reviewed yet?

Does my husband have implied status just for sending the OWP application (even though it hasn’t been reviewed yet)? or does he have to have an application number for the OWP in order to have Implied Staus?

help as we don’t want him to be out of status

 

[k.h.p.]

He continues to have implied status until either:

(1) the OWP is rejected (he would have no status but would not need to leave Canada unless deported, per public policy),
(2) the OWP is approved (he would have status in Canada),
(3) the OWP application is returned to you as incomplete (we would have no status but would not need to immediately leave, etc)

 

[CanUK333]

He continues to have implied status until either:

(1) the OWP is rejected (he would have no status but would not need to leave Canada unless deported, per public policy),
(2) the OWP is approved (he would have status in Canada),
(3) the OWP application is returned to you as incomplete (we would have no status but would not need to immediately leave, etc)

Ok so even though they haven’t started to review the OWP application yet he still has implied status?

 

[k.h.p.]

He has implied status because they have not reviewed the OWP application.

Implied status is for when you've applied but they've not decided.

 

[canuck78]

Yes unless his application is returned he will have implied status

 

[CanUK333]

Yes unless his application is returned he will have implied status

Phoned IRCC again today for status and they said they STILL haven't opened a file for my husband's OWP, they still haven't even started reviewing it and it's been almost 5 months! His visitor status is now expired and I understand you are saying that he has implied status. But now i'm worried that his OWP may be denied because they've taken so long...if that ends up being the case he'll be out of status and the PR application will be denied. Should I restore his visitor status just in case?

 

[canuck78]

Phoned IRCC again today for status and they said they STILL haven't opened a file for my husband's OWP, they still haven't even started reviewing it and it's been almost 5 months! His visitor status is now expired and I understand you are saying that he has implied status. But now i'm worried that his OWP may be denied because they've taken so long...if that ends up being the case he'll be out of status and the PR application will be denied. Should I restore his visitor status just in case?

PR application can be approved while he is out of status. May be a good idea to apply for restoration. Would contact your MP and ask them to look into why no file has been opened.

 

[k.h.p.]

The PR application will not be denied solely because he is out of status. 4-5 months is not unheard of for an OWP.

Be aware that the call centre is not well known for having accurate information about OWPs in particular, or anything in general.

He continues to have implied status until a decision is reached on the OWP. Canada has public policy that spouses in Canada applying for PR do not need to leave the country solely because they've lost status, they can stay until the PR application is decided (they may have to visit CBSA, etc., but they are not generally deported unless criminal)

Just wait a little bit more. Restoring status is not a bad idea.

 

[CanUK333]

Thank you both for that information. I can't believe that the call centre not only is not helpful but they seem to literally make up immigration rules on a whim to tell you! Every time I call they tell me some new rule or explanation or incorrect status! I wish I could request transcripts of the conversations so if anything goes wrong I can tell them what was told to me.

 

[k.h.p.]

Thank you both for that information. I can't believe that the call centre not only is not helpful but they seem to literally make up immigration rules on a whim to tell you! Every time I call they tell me some new rule or explanation or incorrect status! I wish I could request transcripts of the conversations so if anything goes wrong I can tell them what was told to me.

They don't make it up, they're just not trained well. And they don't have access to files.

So when they look up an OWP application in the system and get nothing, they say it hasn't been opened yet. But many people can't link OWP applications to their accounts, which is likely the same problem. Each of their answers has an element of the truth, but it isn't necessarily true for the specific person on the phone because there are so many differences between applications.

I mostly feel sorry for them and the massive amount of queries they get, and the obvious lack of training.

 

[canuck_in_uk]

Phoned IRCC again today for status and they said they STILL haven't opened a file for my husband's OWP, they still haven't even started reviewing it and it's been almost 5 months! His visitor status is now expired and I understand you are saying that he has implied status. But now i'm worried that his OWP may be denied because they've taken so long...if that ends up being the case he'll be out of status and the PR application will be denied. Should I restore his visitor status just in case?

As he has legal status, a Restoration app cannot be submitted.