dependent status while work visa extension |
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prashanth
New Member Joined: 10 Jan 2013 Location: windsor Status: Offline Points: 6 |
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Posted: 10 Jan 2013 at 9:19pm |
Hi,
I am on TWP in Canada and working as a researcher at the university. My TWP expired on Jan 03, 2013 and applied for an extension for the same on Nov 07, 2012. It seems that I have to wait another 30 days to get my work permit. My wife is dependent on me. Right now myself and my wife are on implied status. I have to travel to my home country for an emergency and I may or may not come back. But I will make a decision with in a month or two. Can my wife stay in Canada without me during implied status? However, she will move back to my home country once we make a final decision. How much time does a person on TWP get to leave Canada once the authorized work permit expires? Thank you for the responses. |
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prashanth
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computergeek
Senior Member Joined: 07 Jan 2012 Location: Vancouver BC Status: Offline Points: 573 |
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At the point you leave, your implied status expires. If you return to Canada, you can apply at the POE or you can be granted visitor status to await the outcome of your application.
As long as you remain in Canada, implied status lasts until they make a decision on your new application (R186(u) as I recall). |
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FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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pmm
Top Member Joined: 29 Nov 2009 Status: Offline Points: 2279 |
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Hi
One other thing to note, is if he leaves Canada, not only does his implied status end, his spouse is no longer eligible for a spousal open work permit. |
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PMM
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prashanth
New Member Joined: 10 Jan 2013 Location: windsor Status: Offline Points: 6 |
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Thank you very much for the reply. I have one more query. Can my wife stay in Canada until visa decision is made during my travel to home country? Is there any grace period for her to leave Canada?
Thanks in advance for your time.
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prashanth
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prashanth
New Member Joined: 10 Jan 2013 Location: windsor Status: Offline Points: 6 |
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Thanks for informing me that spouse open work permit expires. Can my wife stay in Canada as a visitor until I come back to Canada.
Thanks in advance
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prashanth
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pmm
Top Member Joined: 29 Nov 2009 Status: Offline Points: 2279 |
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Hi
Yes, she can stay. |
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PMM
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prashanth
New Member Joined: 10 Jan 2013 Location: windsor Status: Offline Points: 6 |
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Hi PMM Thank you very much. It is very nice of you. |
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prashanth
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computergeek
Senior Member Joined: 07 Jan 2012 Location: Vancouver BC Status: Offline Points: 573 |
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But his spouse would remain under implied status until the refusal. In addition, if he re-enters Canada as a visitor and awaits the decision, and the decision is favourable, I would expect the spousal application to also be granted. I went through this scenario last year - where I was concerned that my work permit renewal would not be processed before I had to travel for work. If the work permit renewal had been granted while I was outside Canada, my attorney would have forwarded it and it wouldn't have been a problem. If I'd had to return without the work permit being renewed, I would be allowed to either apply at the POE (visa exempt) or I would be permitted to enter on visitor status to wait until a decision had been made - but not work. |
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FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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prashanth
New Member Joined: 10 Jan 2013 Location: windsor Status: Offline Points: 6 |
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Thank you very much.
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prashanth
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prashanth
New Member Joined: 10 Jan 2013 Location: windsor Status: Offline Points: 6 |
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Thank you every one for the replies.
I will be leaving this weekend to my home country (India) and spouse will be staying here for a month or longer to vacate and dispose all our belongs (She will definitely not work while i am gone). I hope to come back in a month. However, there is a strong chance that i may take new job and will not return at all. Please advise me if my spouse can still stay 1-2 months here in Canada? (Flight tickets are cheaper at latter time) or Can she stay until her work permit expiry (April 05/2013) if it get's approved? What would be the maximum time allowed. I am the primary applicant and my spouse is dependent. |
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prashanth
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