Submit spousal sponsorship application under implied status ?

[steffosmanos]

Hi everyone

status/visa history :

14 April 2016 - 13 April 2017 : working holiday
14 April 2017 - 18 May 2017 : implied status
19 May 2017 - 12 October 2017 : visitor

I was hoping to submit my spousal sponsorship+open work permit application before the 12th of October, because of circumstances things took longer than expected. To buy myself some time I applied for a visitor extension on the 9th of October, valid until end of December.

Final decision still hasn't been made and am currently under Implied Status.

Should I cancel my visitor application before sending my spousal sponsorship+open work permit application ?

Thanks !

 

[KBH]

No you absolutely should not cancel your visitor application. You would then be out of status, and you are required to be in status in order to apply for the OWP.

Applying for the OWP gives you implied status. As long as they don't send back your OWP + spousal application for any reason, and you receive your AOR, you will not need to worry about extending your visitor status again.

Did you only apply for an extension through the end of December? Why not for the full 6 months? It's taking them at least 3 months to process visitor extensions right now, so if you only applied for an extension through the end of December and applied in October, it may not even be processed by the time the end of December rolls around...

With that being the case you need to make sure to send in your app before the end of December, and if you don't hear back on your visitor extension by then, if it were me I would apply again to ensure I would still be in status in case the OWP app were sent back for some reason.

 

[steffosmanos]

No you absolutely should not cancel your visitor application. You would then be out of status, and you are required to be in status in order to apply for the OWP.

Applying for the OWP gives you implied status. As long as they don't send back your OWP + spousal application for any reason, and you receive your AOR, you will not need to worry about extending your visitor status again.

Did you only apply for an extension through the end of December? Why not for the full 6 months? It's taking them at least 3 months to process visitor extensions right now, so if you only applied for an extension through the end of December and applied in October, it may not even be processed by the time the end of December rolls around...

With that being the case you need to make sure to send in your app before the end of December, and if you don't hear back on your visitor extension by then, if it were me I would apply again to ensure I would still be in status in case the OWP app were sent back for some reason.

Thank you for the advice!

 

[canuck_in_uk]

Hi everyone

status/visa history :

14 April 2016 - 13 April 2017 : working holiday
14 April 2017 - 18 May 2017 : implied status
19 May 2017 - 12 October 2017 : visitor

I was hoping to submit my spousal sponsorship+open work permit application before the 12th of October, because of circumstances things took longer than expected. To buy myself some time I applied for a visitor extension on the 9th of October, valid until end of December.

Final decision still hasn't been made and am currently under Implied Status.

Should I cancel my visitor application before sending my spousal sponsorship+open work permit application ?

Thanks !

What do you mean "applied for a visitor extension on the 9th of October, valid until end of December"? Did you only request an extension until Dec?

As said above, cancelling your visitor extension would leave you illegal. There is no issue applying for inland PR and the OWP while on Implied Status.

 

[steffosmanos]

What do you mean "applied for a visitor extension on the 9th of October, valid until end of December"? Did you only request an extension until Dec?

As said above, cancelling your visitor extension would leave you illegal. There is no issue applying for inland PR and the OWP while on Implied Status.

Yes, I requested it to be valid until the end of December only, I assumed maybe they would process it faster for being such a short extension and I knew I was going to be able to submit my PR and OWP anyway at the beginning/mid December.

Thanks for your reply.

 

[canuck_in_uk]

Applying for the OWP gives you implied status. As long as they don't send back your OWP + spousal application for any reason, and you receive your AOR, you will not need to worry about extending your visitor status again.

Not quite. As OP will be submitting a second application (the OWP) while on Implied Status from the first application (the visitor extension), if the first application is refused, Implied Status is no longer valid regardless of the second application.

 

[canuck_in_uk]

Yes, I requested it to be valid until the end of December only, I assumed maybe they would process it faster for being such a short extension and I knew I was going to be able to submit my PR and OWP anyway at the beginning/mid December.

Thanks for your reply.

The processing time is the same regardless of how long you ask for. Given the current processing times, they likely won't even touch your app until January, possibly even February.

 

[steffosmanos]

Not quite. As OP will be submitting a second application (the OWP) while on Implied Status from the first application (the visitor extension), if the first application is refused, Implied Status is no longer valid regardless of the second application.

Ugh that makes sense. Although I'm not worried about it at all being refused, perhaps the safest thing to do would be to apply for another visitor visa, the full 6 months this time, starting from January 1st? And hold on with submitting PR+OWP until both visitor visa's approved ? What's your advice on this one ? Thanks again for your input, it's getting complicated now, wish I just got that 6 months extension, so mad at myself right now!

 

[canuck_in_uk]

Ugh that makes sense. Although I'm not worried about it at all being refused, perhaps the safest thing to do would be to apply for another visitor visa, the full 6 months this time, starting from January 1st? And hold on with submitting PR+OWP until both visitor visa's approved ? What's your advice on this one ? Thanks again for your input, it's getting complicated now, wish I just got that 6 months extension, so mad at myself right now!

There is no point in submitting another visitor extension. Waiting to submit the PR/OWP app would be another mistake. Submit now.