Applying for Visitor visa extension and open work permit nearly at the same time, what would happen?

[Lucybac]

Hello,
I was looking through the forum to find an answer for this but I couldn't find.
I am applying for inland family class spousal sponsorship and my visitor visa extension is ending soon, I've been here for a year as a visitor, I extended once my visitor visa and I want to extend my visitor visa again as I don't want to lose status in Canada.
I also want to apply for work permit with the sponsorship file, I want to work and help my spouse while waiting for my file to get processed.
However, I was adviced by my lawyer to apply for both applications, visitor visa extension this week because my visa is ending next week, and then when the spousal sponsorship papers are ready to be sent (they aren't yet, we still need some documents), we will then include the work permit with the sponsorship file, the lawyer told me that we can't apply for work permit if I'm out of status and that's why it's better if we apply for visitor extension at first.
Visitor extension takes 3-4 months to process and so does the work permit I guess but I'm just wondering how would CIC process both files at the same time, I'm confused, what would happen in this situation, would they delay one/ deny one application and process the other or what. The lawyer didn't give me a clear explanation about what happens.
If anyone happened to be in the same situation please let me know what happened with you and anyone experienced can advice please do, that would be appreciated.

 

[monkeys89]

Hello,
I was looking through the forum to find an answer for this but I couldn't find.
I am applying for inland family class spousal sponsorship and my visitor visa extension is ending soon, I've been here for a year as a visitor, I extended once my visitor visa and I want to extend my visitor visa again as I don't want to lose status in Canada.
I also want to apply for work permit with the sponsorship file, I want to work and help my spouse while waiting for my file to get processed.
However, I was adviced by my lawyer to apply for both applications, visitor visa extension this week because my visa is ending next week, and then when the spousal sponsorship papers are ready to be sent (they aren't yet, we still need some documents), we will then include the work permit with the sponsorship file, the lawyer told me that we can't apply for work permit if I'm out of status and that's why it's better if we apply for visitor extension at first.
Visitor extension takes 3-4 months to process and so does the work permit I guess but I'm just wondering how would CIC process both files at the same time, I'm confused, what would happen in this situation, would they deny one application and process the other or what. The lawyer didn't give me a clear explanation about what happens.
If anyone happened to be in the same situation please let me know what happened with you and anyone experienced can advice please do, that would be appreciated.

Is there a reason why you don't trust what your lawyer is telling you? What your lawyer has said is exactly what you need to do. You must stay in status in order to be eligible for an OWP. If you are not in status, you are not eligible for an OWP.

So, if your TRV is expiring soon, you must apply to extend it in order to stay in status to be able to apply for your OWP.

In terms of what CIC will do with concurrent applications, they may approve both, they may issue you a multi-entry TRV, etc. They may do a lot of things. An OWP is not an entry permission. It is a work permission.

 

[Lucybac]

Is there a reason why you don't trust what your lawyer is telling you? What your lawyer has said is exactly what you need to do. You must stay in status in order to be eligible for an OWP. If you are not in status, you are not eligible for an OWP.

So, if your TRV is expiring soon, you must apply to extend it in order to stay in status to be able to apply for your OWP.

In terms of what CIC will do with concurrent applications, they may approve both, they may issue you a multi-entry TRV, etc. They may do a lot of things. An OWP is not an entry permission. It is a work permission.

Thank you for your reply @monkeys89
I was just wondering because I thought that CIC might want us to apply for one at a time instead of both at the same time because having an open work permit is going to be changing status from visitor to worker right, and I thought that one can't be a visitor and worker at the same time, but I guess I was just confusing myself by reading too much here and there LOL.
Anways we will apply for both then and see what would happen.
Thank you again, have a good one!

 

[YVR123]

Will this help?

visitor -------------------------> imply visitor status while waiting for extension ----------> worker--------------------------->PR
(expiring soon).....(apply for extension)....(apply for PR and OWP)........(OWP approved) ................(PR approved)

you need visitor or imply visitor status while waiting for OWP.

 

[Lucybac]

Will this help?

visitor -------------------------> imply visitor status while waiting for extension ----------> worker--------------------------->PR
(expiring soon).....(apply for extension)....(apply for PR and OWP)........(OWP approved) ................(PR approved)

you need visitor or imply visitor status while waiting for OWP.

Thank you for your reply @YVR123
I'm going to be applying nearly same time visitor extension and the OWP. We would be sending visitor extension this week and the OWP and PR application next week, I just hope that the visitor extension would not delay the processing of OWP more than 4 months until the visitor extension gets processed first and then after process the OWP.

 

[monkeys89]

Thank you for your reply @YVR123
I'm going to be applying nearly same time visitor extension and the OWP. We would be sending visitor extension next week and the OWP and PR application the week after, I just hope that the visitor extension would not delay the processing of OWP more than 4 months until the visitor extension gets processed first and then after process the OWP. It might happen but hopefully not.

It should not.

 

[scylla]

Thank you for your reply @YVR123
I'm going to be applying nearly same time visitor extension and the OWP. We would be sending visitor extension next week and the OWP and PR application the week after, I just hope that the visitor extension would not delay the processing of OWP more than 4 months until the visitor extension gets processed first and then after process the OWP. It might happen but hopefully not.

There won't be a delay. Completely separate processes.

It would be a huge mistake not to send the visitor visa extension. We've seen many cases here where individuals didn't do that and then their inland/OWP applications were returned as incomplete. Without a visitor visa extension, they then wound up in Canada without status and had to apply for restoration + plus resubmit the inland/OWP applications - making the wait for the OWP a lot longer.

Listen to your lawyer. He/she is giving you excellent advice.

 

[Lucybac]

There won't be a delay. Completely separate processes.

It would be a huge mistake not to send the visitor visa extension. We've seen many cases here where individuals didn't do that and then their inland/OWP applications were returned as incomplete. Without a visitor visa extension, they then wound up in Canada without status and had to apply for restoration + plus resubmit the inland/OWP applications - making the wait for the OWP a lot longer.

Listen to your lawyer. He/she is giving you excellent advice.

Thank you very much for your reply and advice @scylla

 

[YVR123]

Thank you for your reply @YVR123
I'm going to be applying nearly same time visitor extension and the OWP. We would be sending visitor extension next week and the OWP and PR application the week after, I just hope that the visitor extension would not delay the processing of OWP more than 4 months until the visitor extension gets processed first and then after process the OWP. It might happen but hopefully not.

I put in the timeline as my guess of when you will apply. They are as others said independent (except OWP and inland PR app)
I also never put visitor extension approval because that shouldn't matter.

 

[Lucybac]

I put in the timeline as my guess of when you will apply. They are as others said independent (except OWP and inland PR app)
I also never put visitor extension approval because that shouldn't matter.

Thank you @YVR123
I will apply for extension and for the OWP and sponsorship. I can't wait to send the sponsorship application and start the process!

 

[Eveslm]

Thank you @YVR123
I will apply for extension and for the OWP and sponsorship. I can't wait to send the sponsorship application and start the process!

Hello Lucybac. Were you successful with you TRV and OWP?

 

[kiwissima]

There won't be a delay. Completely separate processes.

It would be a huge mistake not to send the visitor visa extension. We've seen many cases here where individuals didn't do that and then their inland/OWP applications were returned as incomplete. Without a visitor visa extension, they then wound up in Canada without status and had to apply for restoration + plus resubmit the inland/OWP applications - making the wait for the OWP a lot longer.

Listen to your lawyer. He/she is giving you excellent advice.

I applied for visitor extension and got no reply. While waiting for the extension I plan to apply for SOWP since I understand it is a usual practice. However, my 6-months visitor period in Canada expires in a few days and I will remain here under implied status.
In the application for SOWP, what date should I use when I am asked: "When does your status in Canada expire"?? Should I enter the date when my original 6-months stay expires...

Thank you!!!

 

[Jfor Jayant]

My PR application is under as a non-accompanying spouse. My question is, can my spouse apply for a Visitor's visa while my PR application is under process? the reason being, I am planning to go to Canada with my wife, once I receive the PR Visa. We will then apply for Inland Spousal sponsorship.

Please advise. Thank you!!