Extension of visitor visa while spousal sponsorship ongoing

[Guilasanne]

Hi,

I am currently on a visitor visa, and my visitor record is about to expire on March 3, 2024, but my husband and I are about to submit our Spousal Sponsorship Application.

Do we need to apply for an extension visitor visa while our spousal sponsorship application is already submitted?

Also, do we need to submit the spousal sponsorship 30 days before March 3? For me to have status in canada?

Thank you

 

[Ponga]

Hi,

I am currently on a visitor visa, and my visitor record is about to expire on March 3, 2024, but my husband and I are about to submit our Spousal Sponsorship Application.

Do we need to apply for an extension visitor visa while our spousal sponsorship application is already submitted?

Also, do we need to submit the spousal sponsorship 30 days before March 3? For me to have status in canada?

Thank you

Submitting a Spousal Sponsorship application does NOT extend a person's legal status.

If you are submitting an Inland (SCPLC) application, there is a Public Policy that waives the requirement for the sponsored applicant to have legal status, but...I do not encourage you to let your status expire. Simply submit an extension to your visitor status a couple of days before it expires. You will then have `Maintained Status' while it is being processed.

 

[phoenix232]

Submitting a Spousal Sponsorship application does NOT extend a person's legal status.

If you are submitting an Inland (SCPLC) application, there is a Public Policy that waives the requirement for the sponsored applicant to have legal status, but...I do not encourage you to let your status expire. Simply submit an extension to your visitor status a couple of days before it expires. You will then have `Maintained Status' while it is being processed.

I wasn't aware that there is such kind of policy. Would you mind sharing link for it?

 

[Oliver K]

You must extend your visitor visa because you must stay legally in Canada when your spousal sponsorship application is processing. There are no waives as far as I know. You can extend your visa at any time before the expiration date.

 

[Ponga]

You must extend your visitor visa because you must stay legally in Canada when your spousal sponsorship application is processing. There are no waives as far as I know. You can extend your visa at any time before the expiration date.

Only an Inland applicant can still qualify for Spousal Sponsorship without legal status.

 

[Ponga]

I wasn't aware that there is such kind of policy. Would you mind sharing link for it?

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html

1. Purpose

The Minister has established a public policy under subsection 25(1) of the Immigration and Refugee Protection Act (IRPA), setting the criteria under which spouses and common-law partners of Canadian citizens and permanent residents in Canada who do not have legal immigration status will be assessed for permanent residence. The objective of this policy is to facilitate family reunification and facilitate processing in cases where spouses and common-law partners are already living together in Canada.

 

[armoured]

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html

1. Purpose

The Minister has established a public policy under subsection 25(1) of the Immigration and Refugee Protection Act (IRPA), setting the criteria under which spouses and common-law partners of Canadian citizens and permanent residents in Canada who do not have legal immigration status will be assessed for permanent residence. The objective of this policy is to facilitate family reunification and facilitate processing in cases where spouses and common-law partners are already living together in Canada.

This is true (and thank you for sharing).

I'd just like to underline for all though that there may be some things for which one must retain status. Easily identifiable one is the eligibility for an open work permit while application is being processed. I think it may be true for health care eligibility in some provinces (obviously those that offer it for spouses with pending apps).

And of course if applying inland, and you have to leave for some emergency reason, you may have trouble being let back into Canada if you were out of status when you left. And that would mean your inland app is considered abandoned and you'd have to start over.

These are perhaps not critical but 100% agree iwth your earlier comment - stay in status if possible, esp if it jsut means applying to extend visit.

[I'm sure there are other reasons and no pretence of being exhaustive listing them here]