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Apply for Visitor Record or wait for decision on OWP

niashaalyssa

Star Member
Apr 26, 2018
99
11
Hello everyone,

I submitted an inland spousal sponsorship application along with OWP in June of this year for my common law spouse. I assume they are covered by implied status from the OWP application but given all the delays with COVID should we apply for a visitor Record; their status expires next month?

Also, for the reason on the visitor record.Do we say the reason for the extension is "other " and explain desire to maintain status during processing due to COVID delays or would the reason be visit?

Thanks in advance!
 

bian07

Hero Member
May 19, 2017
447
131
You should apply for an extension in case the pr and owp application gets sent back. Since it's so backlogged it will take a few months to hear back so their status would be expired if it gets sent back and they wouldnt be eligible for the owp anymore. Better be safe and extend the status
 

malimu

Star Member
Mar 18, 2019
128
9
Ottawa
Bian i have question for you. I did send out visitor visa extension form and fees paid 30 days before my partners visitor 6 months living here wd expre. I have not heard anything so i assume she has implies status.. soon i file my common law sponsorship with OPW. I feel i do not not have to send in another visitor visa extension as i have sent one but no replies and i have the proof they got it. what you think? i think i remember being told not to worry and i am just re confirming my thoughts!
 

bian07

Hero Member
May 19, 2017
447
131
you do not send another one in, it would just get denied, because you have one pending right now. she has implied status until she receives a decision on the extension.
 

Chutsk10

Star Member
Feb 19, 2020
78
24
I am still trying to wrap my head around this strategy as well.

Does implied status from the OWP application begin as soon as it's mailed out, or do you need AOR on the application? I understand you will lose status if the application is returned, so how do you know when you are safe.

I assume, because the visitor record application is online, once it's submit you know you have implied status as there is no chance of the application being returned?

What happens if you receive a rejection on the visitor extension, do you have to abandon your whole inland application and leave Canada?
 

bian07

Hero Member
May 19, 2017
447
131
I am still trying to wrap my head around this strategy as well.

Does implied status from the OWP application begin as soon as it's mailed out, or do you need AOR on the application? I understand you will lose status if the application is returned, so how do you know when you are safe.

I assume, because the visitor record application is online, once it's submit you know you have implied status as there is no chance of the application being returned?

What happens if you receive a rejection on the visitor extension, do you have to abandon your whole inland application and leave Canada?
implied status starts when they receive the application. so lets say you send it today, they receive it on friday, then friday is the day the implied status starts. you know you are safe once you receive aor usually, which is just an indication your application is complete. i have read from a few cases where the owp was returned after receiving aor though, so I'd still make sure to keep visitor status after receiving aor i guess.

you receive the implied status when your current visa is expired, so like in my case my Working holiday permit expired in march, but I applied for the visitor record in february, so my implied status started when my working holiday expired in march.

if you receive a rejection, then you usually can apply for restauration of status, unless its stated otherwise in the rejection letter. you do not have to abandon your application, you can be sponsored even if you are out of status, you would just not be eligible for the work permit, since you need to be in status for that one.
 

yoli85

Star Member
Sep 3, 2019
119
49
Canada
Category........
FAM
Visa Office......
Mississauga
Bian i have question for you. I did send out visitor visa extension form and fees paid 30 days before my partners visitor 6 months living here wd expre. I have not heard anything so i assume she has implies status.. soon i file my common law sponsorship with OPW. I feel i do not not have to send in another visitor visa extension as i have sent one but no replies and i have the proof they got it. what you think? i think i remember being told not to worry and i am just re confirming my thoughts!
Hi Malimu,
My husband and I are trying to do the same thing you say you did for your spouse: apply for a visa extension and then the sponsorship. May I know how did it go?
As for the question in the form under "Details of Visit to Canada," Purpose of Visit, what was the reason you used?
Did you need to attach an explanation letter where you laid out the situation?

I appreciate your guidance very much. Thanks!
 

malimu

Star Member
Mar 18, 2019
128
9
Ottawa
Hi Malimu,
My husband and I are trying to do the same thing you say you did for your spouse: apply for a visa extension and then the sponsorship. May I know how did it go?
As for the question in the form under "Details of Visit to Canada," Purpose of Visit, what was the reason you used?
Did you need to attach an explanation letter where you laid out the situation?

I appreciate your guidance very much. Thanks!
I am a bit lost as been a while. please give me the form number. As i recall i had no issues with anything. Visitor visa was extended and there is implied status as i recall as you do not hear from them, just send it visa express post. Open work permit was also approved so was in end the sponsorship forms were sent and all got approved as sent. Nothing ever came back . all was approved as sent. if u send me form number i can find some thing for u. sorry
 

yoli85

Star Member
Sep 3, 2019
119
49
Canada
Category........
FAM
Visa Office......
Mississauga
I am a bit lost as been a while. please give me the form number. As i recall i had no issues with anything. Visitor visa was extended and there is implied status as i recall as you do not hear from them, just send it visa express post. Open work permit was also approved so was in end the sponsorship forms were sent and all got approved as sent. Nothing ever came back . all was approved as sent. if u send me form number i can find some thing for u. sorry
Hi Malimu,
No worries. The form number to extend the visitor permit is IMM 5708. Thanks for the help and going the extra mile for a stranger :)
 

malimu

Star Member
Mar 18, 2019
128
9
Ottawa
I am a bit lost as been a while. please give me the form number. As i recall i had no issues with anything. Visitor visa was extended and there is implied status as i recall as you do not hear from them, just send it visa express post. Open work permit was also approved so was in end the sponsorship forms were sent and all got approved as sent. Nothing ever came back . all was approved as sent. if u send me form number i can find some thing for u. sorry
OTHER THEN
LIVE WITH MYPARTNER FOR12MONS TOBE COMMONLAWSPOUSE
 

yoli85

Star Member
Sep 3, 2019
119
49
Canada
Category........
FAM
Visa Office......
Mississauga
H
OTHER THEN
LIVE WITH MYPARTNER FOR12MONS TOBE COMMONLAWSPOUSE
Hi! Thanks so much for the reply. So in your case it worked to be straightforward and honest about why you needed an extension. We will consider doing the same as well. May I know how long after you applied for your spouse's application to extend her visitor status did you apply for the Sponsorship? About six months after?
 

malimu

Star Member
Mar 18, 2019
128
9
Ottawa
H

Hi! Thanks so much for the reply. So in your case it worked to be straightforward and honest about why you needed an extension. We will consider doing the same as well. May I know how long after you applied for your spouse's application to extend her visitor status did you apply for the Sponsorship? About six months after?
in life i have learnt always everywhere 100 true and nothing but the truth.
I seem to remember it took a while to get extension, and as soon as my 12 months were over i sent in my sponsorship and after 12 months got PR . also Apply for OWP. good luck.