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Maintained status after owp application+spousal application

wweeddyyyo

Newbie
Jun 30, 2024
1
0
Hi there. I recently applied for spousal sponsorship and, before receiving the Acknowledgment of Receipt (AOR), I applied for an open work permit because my current work permit was expiring within two weeks. Now, I’m concerned that if my spousal sponsorship application is returned, my open work permit application might also be returned, which would affect my maintained status.

I’m considering applying for a visitor record as a precaution. If I apply for a visitor record while on maintained status, will this provide me with legal status in Canada until the visitor record application is processed? Thank you for your help!!
 

Charlamanderxxxx

Star Member
Jun 27, 2024
175
75
Hi there. I recently applied for spousal sponsorship and, before receiving the Acknowledgment of Receipt (AOR), I applied for an open work permit because my current work permit was expiring within two weeks. Now, I’m concerned that if my spousal sponsorship application is returned, my open work permit application might also be returned, which would affect my maintained status.

I’m considering applying for a visitor record as a precaution. If I apply for a visitor record while on maintained status, will this provide me with legal status in Canada until the visitor record application is processed? Thank you for your help!!
Hi. From what I understand, applying for the visitor record also gives you implied status/maintained status. "If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have legal status as a temporary resident during the processing period. " You can check it here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

However, it is very rare for your PR application to be returned once you get AoR, though. Not impossible but rare or rejected
 

Ponga

VIP Member
Oct 22, 2013
10,358
1,438
Job Offer........
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Hi. From what I understand, applying for the visitor record also gives you implied status/maintained status. "If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have legal status as a temporary resident during the processing period. " You can check it here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

However, it is very rare for your PR application to be returned once you get AoR, though. Not impossible but rare or rejected
It's not unusual at all to have an application returned after AoR.

When the processing of said application `begins', applications can be returned for missing (or outdated) forms, incomplete forms, etc.
 

Charlamanderxxxx

Star Member
Jun 27, 2024
175
75
2112
It's not unusual at all to have an application returned after AoR.

When the processing of said application `begins', applications can be returned for missing (or outdated) forms, incomplete forms, etc.
Oh, I see. However, if the PA applied for OWP already, even if the PR application got returned, wouldn't it still count as maintained status?
 

Ponga

VIP Member
Oct 22, 2013
10,358
1,438
Job Offer........
Pre-Assessed..
Hi. From what I understand, applying for the visitor record also gives you implied status/maintained status. "If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have legal status as a temporary resident during the processing period. " You can check it here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

However, it is very rare for your PR application to be returned once you get AoR, though. Not impossible but rare or rejected
Unknown, because the OWP is, in essence, because of the spousal sponsorship for which the AoR was generated. If the application is returned, it may very well impact Maintained Status.
Hopefully others will comment to clarify.
 
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Charlamanderxxxx

Star Member
Jun 27, 2024
175
75
Unknown, because the OWP is, in essence, because of the spousal sponsorship for which the AoR was generated. If the application is returned, it may very well impact Maintained Status.
Hopefully others will comment to clarify.
I see I see! Sorry @wweeddyyyo I was not able to help much! hopefully, someone can clarify soon! all the best to you!