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Just out of curiousity

Mac1000

Full Member
Feb 9, 2019
41
3
If you were applying for spousal and your time inland was running out and you applied for an extension, what happens if possibly the extension was denied but you got your spousal application in?

Would you still be allowed to remain in country once your spousal application was in or do you have to leave because extension was denied?
 

Sulwyn

Star Member
Dec 18, 2017
103
44
Did you apply for an OWP with your inland app? If you did then you'll have implied status by virtue of the OWP. If not then no. The app itself does not give you implied status.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,164
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
If you were applying for spousal and your time inland was running out and you applied for an extension, what happens if possibly the extension was denied but you got your spousal application in?

Would you still be allowed to remain in country once your spousal application was in or do you have to leave because extension was denied?
A PR application provides absolutely NO immigration status, not even "implied status". You need to maintain your status independently of your application. You would either need to leave Canada, apply for restoration of status or remain in Canada without legal status.

For a "Spouse or Common-Law Partner in Canada Class" application, the simultaneous application for an Open Work Permit is what provides any "implied status". This is not applicable to a "Family Class" application.
 

CanUK333

Hero Member
Jun 18, 2019
282
146
United Kingdom
Category........
FAM
Agree with above member. Simply submitting an application does not give you status. If you applied for an OWP and it is approved (usually takes about 4-5 months) then you'll have status as a worker. I even believe that if the OWP isn't approved by the time your status is up, you still have implied status with the OWP application. Furthermore, I would say it's highly unlikely that your extension would be denied if you stated and gave proof (receipt, correspondance, application number) that you were in the middle of a PR/OWP application, especially if this extension is for a Visitor Visa. I'm pretty sure i've read others on this forum easily get extensions for up to 2 years on a Visitors Visa while they await PR.
 

Mac1000

Full Member
Feb 9, 2019
41
3
Hmmm..again I am getting bad advice. I was told that as soon as I applied for spousal inland for permanent, I was allowed to stay until a decision was made on my application.
You mean, that is wrong?
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,164
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Hmmm..again I am getting bad advice. I was told that as soon as I applied for spousal inland for permanent, I was allowed to stay until a decision was made on my application.
You mean, that is wrong?
Only if the PR application is accompanied by an Open Work Permit application. The PR application, in it's own right, gives you nothing.
 
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