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Status in Canada after visitor expires but Work permit processing

Josephmyatt1996

Star Member
Jun 11, 2023
52
5
Hey guys!
My six month visitor visa is due to expire in a few days. But I applied for an open work permit in February that is still processing. Must I leave Canada once my visitor visa expires? Or because I have an application processing do I have maintained status while I await the decision?
 

YVR123

VIP Member
Jul 27, 2017
7,361
2,855
Hey guys!
My six month visitor visa is due to expire in a few days. But I applied for an open work permit in February that is still processing. Must I leave Canada once my visitor visa expires? Or because I have an application processing do I have maintained status while I await the decision?
Since you applied for OWP after you got AOR of your spousal sponsorship, you have implied/maintenance status as a visitor until:
1) your OWP is approved and you have temp worker status
2) you get eCOPR and you become a PR of Canada.

You do not need to leave Canada.
 
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dimebag77

Full Member
Aug 13, 2024
32
4
Since you applied for OWP after you got AOR of your spousal sponsorship, you have implied/maintenance status as a visitor until:
1) your OWP is approved and you have temp worker status
2) you get eCOPR and you become a PR of Canada.

You do not need to leave Canada.
Is it also applicable to my case? I am currently holding a visitor visa that is valid until 2029. However, I have been in Canada for more than six months since August 12, 2024, due to the delay in the decision on my application. IRCC received my application on March 07, 2024
 

Copingwithlife

VIP Member
Jul 29, 2018
4,429
2,222
Earth
Is it also applicable to my case? I am currently holding a visitor visa that is valid until 2029. However, I have been in Canada for more than six months since August 12, 2024, due to the delay in the decision on my application. IRCC received my application on March 07, 2024
You keep mentioning that your visitors visa is valid till 2029, that’s irrelevant
 
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Charlamanderxxxx

Hero Member
Jun 27, 2024
331
137
Toronto
Category........
FAM
Is it also applicable to my case? I am currently holding a visitor visa that is valid until 2029. However, I have been in Canada for more than six months since August 12, 2024, due to the delay in the decision on my application. IRCC received my application on March 07, 2024
Did you apply for OWP? If not, you are staying beyond 6 months (which you were supposed to do a visitor record when it was closer to 6 months) and you might need to do this https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html
 

dimebag77

Full Member
Aug 13, 2024
32
4
Did you apply for OWP? If not, you are staying beyond 6 months (which you were supposed to do a visitor record when it was closer to 6 months) and you might need to do this https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html
I applied for a Closed Work Permit, and my consultant told me that I am automatically in maintained status since I submitted my application on March 7, 2024. Is this information correct?
 

Naturgrl

VIP Member
Apr 5, 2020
44,642
9,423
I applied for a Closed Work Permit, and my consultant told me that I am automatically in maintained status since I submitted my application on March 7, 2024. Is this information correct?
No. Applying for a permit doesn’t give you maintained status. You are a visitor so need to maintain status as a visitor until WP is approved. When did you enter Canada?
 

dimebag77

Full Member
Aug 13, 2024
32
4

YVR123

VIP Member
Jul 27, 2017
7,361
2,855
Is it also applicable to my case? I am currently holding a visitor visa that is valid until 2029. However, I have been in Canada for more than six months since August 12, 2024, due to the delay in the decision on my application. IRCC received my application on March 07, 2024
I have no idea of your status. You hijacked a discussion in the "Family Class Sponsorship" section.

Are you being sponsored by your spouse/common law partner to become a PR? Most of the members assumed that you are being sponsored by your spouse and under that class of application, spouses are eligible for open work permit. And the implied and maintenance status for those PA while awaiting for PR applications to be approved, they can apply for an open work permit.

So those PAs have maintenance status after applying for OWP. NO IDEA since you are applying for some closed work permit that I have no idea if you are eligible for the closed work permit that you applied at all.

My reply that you quoted was for Josephmyatt1996 whom applied to be sponsored by his/her spouse.
 
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