Spousal Sponsorship questions

[Janneson]

Hello,

I'm not certain what to do. I tried calling the number on the Canada immigration website but the lady was very unsure of herself and kept saying "Mmmm.." a lot.

I came over on a visitor's visa and it expires on Aug 20th of this year. We took longer than we wanted to gather and fill out the paperwork for my spousal sponsorship. But we're doing it very soon. I was wondering if when we submit the sponsorship request while it's processing is it safe to assume I'm allowed to stay in the country or do I need to apply for an extension of stay? How long does the extension last if so? I went ahead and filled out the extension of stay form just in case because I know it needs to be submitted at least 30 days before the leave date.

The lady on the phone said that I will have to apply for extension of stay and remain in legal status but she sounded unsure and also gave me a link that took me to the wrong place on the website.

Also is it okay to say in the extension of stay that I want to stay because of the sponsorship or should I just say that I'm visiting family still?

Please help!

 

[mrs_december]

Hello,

I'm not certain what to do. I tried calling the number on the Canada immigration website but the lady was very unsure of herself and kept saying "Mmmm.." a lot.

I came over on a visitor's visa and it expires on Aug 20th of this year. We took longer than we wanted to gather and fill out the paperwork for my spousal sponsorship. But we're doing it very soon. I was wondering if when we submit the sponsorship request while it's processing is it safe to assume I'm allowed to stay in the country or do I need to apply for an extension of stay? How long does the extension last if so? I went ahead and filled out the extension of stay form just in case because I know it needs to be submitted at least 30 days before the leave date.

The lady on the phone said that I will have to apply for extension of stay and remain in legal status but she sounded unsure and also gave me a link that took me to the wrong place on the website.

Also is it okay to say in the extension of stay that I want to stay because of the sponsorship or should I just say that I'm visiting family still?

Please help!

It is always best to ensure that you have legal status in Canada, so I'd definitely advise completing and submitting your visitor extension. Not sure which route of application you've selected, but implied status occurs only on inland applications with work permits issued, and it takes about 4 months to get the work permit approved. You'd be out of status by the time it got to that, and they'd deny the permit. It'd be much safer to guarantee your status and not risk an overstay. The extension is usually good for 6 months, same as most initial visits. You can certainly say that you are extending your stay to await completion of a permanent residence application, and it's important to be honest. It wouldn't cause a denial of the extension.

 

[canuck_in_uk]

Hello,

I'm not certain what to do. I tried calling the number on the Canada immigration website but the lady was very unsure of herself and kept saying "Mmmm.." a lot.

I came over on a visitor's visa and it expires on Aug 20th of this year. We took longer than we wanted to gather and fill out the paperwork for my spousal sponsorship. But we're doing it very soon. I was wondering if when we submit the sponsorship request while it's processing is it safe to assume I'm allowed to stay in the country or do I need to apply for an extension of stay? How long does the extension last if so? I went ahead and filled out the extension of stay form just in case because I know it needs to be submitted at least 30 days before the leave date.

The lady on the phone said that I will have to apply for extension of stay and remain in legal status but she sounded unsure and also gave me a link that took me to the wrong place on the website.

Also is it okay to say in the extension of stay that I want to stay because of the sponsorship or should I just say that I'm visiting family still?

Please help!

Hi

If you are applying inland and including an OWP, you would have Implied Status after your current visitor status expires while waiting for the OWP. It is a good back-up to apply for the visitor extension as well, just in case your PR/OWP app is returned.

If you are applying outland, you need to maintain your status separately by extending your visitor status.

 

[canuck_in_uk]

It is always best to ensure that you have legal status in Canada, so I'd definitely advise completing and submitting your visitor extension. Not sure which route of application you've selected, but implied status occurs only on inland applications with work permits issued, and it takes about 4 months to get the work permit approved. You'd be out of status by the time it got to that, and they'd deny the permit. It'd be much safer to guarantee your status and not risk an overstay. The extension is usually good for 6 months, same as most initial visits. You can certainly say that you are extending your stay to await completion of a permanent residence application, and it's important to be honest. It wouldn't cause a denial of the extension.

That is not how Implied Status works. Provided a person applies to extend their status prior to their current status expiring, s/he will have valid Implied Status after their current status expires until a decision is made on the new app. If OP has valid visitor status when the OWP app is submitted, they will have valid Implied Status when the OWP app is processed.

 

[Janneson]

It is always best to ensure that you have legal status in Canada, so I'd definitely advise completing and submitting your visitor extension. Not sure which route of application you've selected, but implied status occurs only on inland applications with work permits issued, and it takes about 4 months to get the work permit approved. You'd be out of status by the time it got to that, and they'd deny the permit. It'd be much safer to guarantee your status and not risk an overstay. The extension is usually good for 6 months, same as most initial visits. You can certainly say that you are extending your stay to await completion of a permanent residence application, and it's important to be honest. It wouldn't cause a denial of the extension.

Thank you for your reply. I am getting sponsored inland. We just decided to play it safe and apply for an extension of stay. We asked for six months and noted it's while we wait for the sponsorship and permanent residence to be applied. We did not apply for a work visa. We decided we would do that later.