Your gateway to Canada

IMPLIED STATUS IS GRANTED ONCE YOU APPLY BEFORE EXPIRY

By Atty. Henry Moyal

1. I arrived in Canada as a worker over one year ago. I then married my Canadian girlfriend in Canada and submitted the PR application with extension of my work permit. It has been so long and no reply has been received from IRCC to date. My work permit has now expired. Do I need to worry or leave the country?

1. You do not need to leave to Canada. As long as you applied for the work permit extension prior to the date of expiry of your current work permit then you need not worry. You have implied status until a decision is made. However, in some cases, I have seen situations where an applicant tries to send the application without a lawyer’s help which results in the sponsorship application being returned for missing a document/information. In that case, it can get messy because the “implied status” is only granted because of the pending sponsorship. If that sponsorship is returned to you ( for whatever reason), then your status as a worker also falls apart and you will need professional assistance to get your status back on track.

2018. I entered Canada as a visitor in 2018. Shortly after arrival I was charged with assault and my trial is still pending. My criminal lawyer thinks I have a good chance but in the meantime my visitor status keeps on getting renewed due to the trial.. What will happen to my status once the trial is over? Can I marry my partner and file an application while I have a pending charge?

1. You do not have a conviction – only a charge. While a charge does not make you inadmissible to Canada, in my experience Canada Immigration will not move forward on a sponsorship until the criminal matter is finalized. In my opinion, you need to have a plan looking forward because if you have been in Canada for 3 years as a visitor due to the criminal matter, it may be unlikely that you will be able to stay longer as a visitor if you are acquitted. Therefore, plan ahead on what you want to do immigration wise.

1. I applied for permanent residence and open work permit under the Home Support Worker program last year. I have not received any news from Canada Immigration yet. My employer who sponsored me just died. What do I need to do now? Is this a problem?

1. Technically, you do not have a valid job offer that supports an application. As well, applicants have a duty to inform IRCC of any material changes on their application. Best to obtain professional assistance to rectify the situation.

1. In May 2021, Canada Immigration allowed 40,000 applicants who completed studies in Canada to apply for PR. That program was full in one day. Is IRCC planning on extending it or re-opening the same program after November 2021?

1. There is no way to know the answer but the federal minister has stated that he is open to tweak programs and may extend if need be. We will see but my feeling is that it will not be extended as qualified applicants always have the option of applying under the regular CEC route.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193