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Immigration Issues/Open Work Permit- Implied status

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Question
Mr. Khosla,

I entered Canada five months ago on a TRV type WX-1 (worker type but because I am doing an unpaid internship I do not have a work permit). My visa will expire on October 3; in 2 weeks I will submit an open work permit application based on my common-law union with my partner who is a full time doctoral student.

I am contacting you with 2 questions:

1. Considering that I am not extending my current status but I am changing it from TRV to OWP, do I benefit from implied status?
The Immigration and Refugee Protection Regulations SOR/2002-227, DIVISION 2 SECTION 2
CONDITIONS ON TEMPORARY RESIDENTS, 183 (5), (6), only offers information about extending your status and not changing it. Same goes for CIC website and manuals.

2. Presuming I receive a negative answer while on an implied status, how much time I have to exit the country?

Thank you in advance.

Answer
Dear Madalina,

Thanks for your inquiry.

As you understand that your visa covers work or work-related activities such as training, conference speakers, and so forth. The maximum duration of such visa is generally 6 months without special permission, which can be extended within Canada. To simply extend a WX-1 visa requires only the submission of forms, documents and an application fee by mail.

TRV to OWP:

Accompanying spouses or common-law partners of foreign students (including spouses or common-law partners of foreign students with post-graduation work permits) are eligible for an open work permit, which means they do not need a job offer or a labour market opinion from Service Canada. This is a simple application.

Your 2 questions:

1. Considering that I am not extending my current status but I am changing it from TRV to OWP, do I benefit from implied status?

Only benefit is that you will be considered in status as a temporary resident until a decision is made on the application.

2. Presuming I receive a negative answer while on an implied status, how much time I have to exit the country?

Usually, they ask you to leave immediately but we have seen cases where applicants take few weeks, which depends on case to case. Some applicants got some legal commitments in Canada before they leave. I'd suggest, if your partner is a full-time student then you should simply submit an open work application. Rest up to you.  

Regards
Ravi

Immigration Issues

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Ravi Khosla

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You can ask question related to Canadian Immigration, policies and procedures.

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Serving the community since last 25 years in regards to their immigration matters.

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Senior Paralegal (Immigration) CVT Law Office Surrey BC

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M.Sc.,LL.B.

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