Inland PR application sent -- status extension necessary?

[can_babo]

My wife accompanied me from Korea in March. We got married here in Canada and have submitted an application to sponsor her for PR and OWP. Her status as a temporary resident would expire in September.

From what I understand, it is not necessary to submit a separate application to extend her temporary resident status, because she has implied status while we have applied for a OWP. I would only need to apply for this if we could not submit the PR application before her visitor status expired, right? But I read a few threads suggesting applying for a visitor extension while the OWP is pending just in case the OWP is denied. But there's no reason the OWP would be denied with the PR application pending, is there?

Another thing -- because she came from Korea as a temporary resident, we didn't receive any evidence of status, not even a passport stamp. This means she is not able to apply for any services in BC (such as health care, a local driver's license, or even a bank account at most institutions). We need an AOR which is taking months right now. If we applied for an extension and it was approved, we'd receive proof of status. But I guess that's similarly backlogged, and it seems extensions are often rejected anyway.

Thanks for any help. This forum has been a really valuable resource while we were filling out the application.

 

[Chutsk10]

My wife is in a similar situation and I am curious to hear the opinions. Our immigration lawyer says she has implied status due to the OWP application but like you, I read on this forum that people apply for an extension as a safety-net if their PR application is returned as incomplete for what ever reason. Not sure what the best practice is, or what would even happen if the extension request get's denied before the OWP is issued....

Side note, provided you, the sponsor, is a citizen or PR with MSP coverage, your wife can apply for MSP having only submit the PR application, you do not need AOR. You just need to fill out the appropriate form to add her to your coverage and provide the payment receipt for the PR application. Edit: Along with the form and receipt we submit copies of my wife's ID (passport including TRV page) & marriage certificate.

https://www2.gov.bc.ca/gov/content/health/health-drug-coverage/msp/bc-residents/eligibility-and-enrolment/are-you-eligible/applicants-for-permanent-resident-status

 

[can_babo]

My wife is in a similar situation and I am curious to hear the opinions. Our immigration lawyer says she has implied status due to the OWP application but like you, I read on this forum that people apply for an extension as a safety-net if their PR application is returned as incomplete for what ever reason. Not sure what the best practice is, or what would even happen if the extension request get's denied before the OWP is issued....

Side note, provided you, the sponsor, is a citizen or PR with MSP coverage, your wife can apply for MSP having only submit the PR application, you do not need AOR. You just need to fill out the appropriate form to add her to your coverage and provide the payment receipt for the PR application. Edit: Along with the form and receipt we submit copies of my wife's ID (passport including TRV page) & marriage certificate.

https://www2.gov.bc.ca/gov/content/health/health-drug-coverage/msp/bc-residents/eligibility-and-enrolment/are-you-eligible/applicants-for-permanent-resident-status

Thanks for the tip regarding MSP. I thought we needed to have some kind of proof of status but it looks like the receipt for the PR application is enough to proceed. So, if approved, she would be covered starting in November. That's good to know we won't need to extend her insurance any longer.

 

[Chutsk10]

From what I gather it's relativity new that they are allowing this. Previously I believed you needed AOR. Better yet, they are waiving the 3 month wait period due to COVID so your coverage will start as soon as you apply.

At least it's one less thing you have to worry about!

 

[bian07]

its definitely recommended to extend her status, as already mentioned, in case the application gets returned. if you would not apply for the extension, she would fall out of status if the application is returned after the expiration and then she would not be eligible for the work permit anymore.

for the pr application itself you don't need to have status, but if you want the work permit you need it, so in this scenario you would have to apply for restauration of status.

 

[k.h.p.]

MSP will typically ask for something like flight tickets to prove she's in BC.

To answer your question: you are not obligated to request an extension as she does have implied status until the OWP is decided.

However, the issue is that the OWP application may be returned because of missing signatures or forms missing or something. Not refused, but returned. If it's returned, she loses status retroactively to that date in September and cannot apply for the OWP unless her status is restored or until she has Approval in Principle, which typically happens at the end of the processing.

You should probably extend the status until you have AOR and can link the OWP application in your GCKey - at which point you know it probably won't be returned.

 

[can_babo]

MSP will typically ask for something like flight tickets to prove she's in BC.

To answer your question: you are not obligated to request an extension as she does have implied status until the OWP is decided.

However, the issue is that the OWP application may be returned because of missing signatures or forms missing or something. Not refused, but returned. If it's returned, she loses status retroactively to that date in September and cannot apply for the OWP unless her status is restored or until she has Approval in Principle, which typically happens at the end of the processing.

You should probably extend the status until you have AOR and can link the OWP application in your GCKey - at which point you know it probably won't be returned.

This makes it clear, thanks. We'll apply to extend status then.

 

[Chutsk10]

MSP will typically ask for something like flight tickets to prove she's in BC.

I've read this previously but we didn't include flight tickets in our MSP application and it was approved. Regardless, if you have them or email itinerary of her flight to Canada it wouldn't hurt to include it.

Still curious what would happen in the event a visa extension is rejected before receiving a response to the OWP. Are you still under implied status with the OWP? Would you have to leave Canada and abandon the application?

 

[k.h.p.]

You wouldn't have to leave Canada and abandon the application. There is still public policy that says a spouse cannot be removed from Canada due only to lack of status (can't be a criminal, for example, and expect to stay).

If a visitor extension was refused, but the OWP was not returned, I'm not 100% confident on the outcome. It may be that you'd not be eligible until AIP for the OWP.

 

[jlizzy]

My wife accompanied me from Korea in March. We got married here in Canada and have submitted an application to sponsor her for PR and OWP. Her status as a temporary resident would expire in September.

From what I understand, it is not necessary to submit a separate application to extend her temporary resident status, because she has implied status while we have applied for a OWP. I would only need to apply for this if we could not submit the PR application before her visitor status expired, right? But I read a few threads suggesting applying for a visitor extension while the OWP is pending just in case the OWP is denied. But there's no reason the OWP would be denied with the PR application pending, is there?

Another thing -- because she came from Korea as a temporary resident, we didn't receive any evidence of status, not even a passport stamp. This means she is not able to apply for any services in BC (such as health care, a local driver's license, or even a bank account at most institutions). We need an AOR which is taking months right now. If we applied for an extension and it was approved, we'd receive proof of status. But I guess that's similarly backlogged, and it seems extensions are often rejected anyway.

Thanks for any help. This forum has been a really valuable resource while we were filling out the application.

Just wondering, did you have to include

My wife accompanied me from Korea in March. We got married here in Canada and have submitted an application to sponsor her for PR and OWP. Her status as a temporary resident would expire in September.

From what I understand, it is not necessary to submit a separate application to extend her temporary resident status, because she has implied status while we have applied for a OWP. I would only need to apply for this if we could not submit the PR application before her visitor status expired, right? But I read a few threads suggesting applying for a visitor extension while the OWP is pending just in case the OWP is denied. But there's no reason the OWP would be denied with the PR application pending, is there?

Another thing -- because she came from Korea as a temporary resident, we didn't receive any evidence of status, not even a passport stamp. This means she is not able to apply for any services in BC (such as health care, a local driver's license, or even a bank account at most institutions). We need an AOR which is taking months right now. If we applied for an extension and it was approved, we'd receive proof of status. But I guess that's similarly backlogged, and it seems extensions are often rejected anyway.

Thanks for any help. This forum has been a really valuable resource while we were filling out the application.

Just wondering, did you have to include the Korean Marriage relations certificate and Family relations certificate in your sponsor app?

 

[Jssi]

Same situation here. I landed in Canada just at end of february sent My pr+owp application on end of April. Sent my visitor visa extension on july and havent received any answers on any of The applications yet.

Im on fortunate situation that My Wife can provide both of us and we have some savings to keep up. I just wonder how less fortunate people make due moneywise when they just cant work while waiting months for workpermit?

 

[can_babo]

Just wondering, did you have to include the Korean Marriage relations certificate and Family relations certificate in your sponsor app?

I did not include the korean marriage relations certificate as I read a poster here had successfully submitted the canadian marriage certificate. The korean marriage relation certificate is apparently an unusual and difficult to obtain form; she would have had to have her family in Korea request it and then get it notarized and mail it here.

We submitted the updated family relations certificate with me included as her spouse. This document was available to print in English from the Korean government website so no trouble there. I know they ask for "official copies", however she did get an "official" copy of her family relation certificate in person in Korea before we had married and it was also just a printout (standard copy paper, black and white, no seal/stamp/signature anything)

 

[can_babo]

I've read this previously but we didn't include flight tickets in our MSP application and it was approved. Regardless, if you have them or email itinerary of her flight to Canada it wouldn't hurt to include it.

Still curious what would happen in the event a visa extension is rejected before receiving a response to the OWP. Are you still under implied status with the OWP? Would you have to leave Canada and abandon the application?

Regarding BC MSP -- we applied on August 11, I called to inquire today and was told she was recently approved and that they had mailed something out. So that was a little faster than their 21 day estimate. Even though the online webform didn't fit our case (it asked for proof of status which we did not have), I checked "visitor record" and then uploaded the PR application receipt and her passport.

But they also said the wait period was in effect and her coverage would not begin until November 1. I'm not sure when that waiver ended, I thought it was still waived when we applied. I'll see when we receive the mail and perhaps we will have to apply to waive the wait period.

 

[k.h.p.]

Regarding BC MSP -- we applied on August 11, I called to inquire today and was told she was recently approved and that they had mailed something out. So that was a little faster than their 21 day estimate. Even though the online webform didn't fit our case (it asked for proof of status which we did not have), I checked "visitor record" and then uploaded the PR application receipt and her passport.

But they also said the wait period was in effect and her coverage would not begin until November 1. I'm not sure when that waiver ended, I thought it was still waived when we applied. I'll see when we receive the mail and perhaps we will have to apply to waive the wait period.

I'm pretty sure the waiver period is still waived. Wait and see when you get the paperwork back.

 

[jlizzy]

I did not include the korean marriage relations certificate as I read a poster here had successfully submitted the canadian marriage certificate. The korean marriage relation certificate is apparently an unusual and difficult to obtain form; she would have had to have her family in Korea request it and then get it notarized and mail it here.

We submitted the updated family relations certificate with me included as her spouse. This document was available to print in English from the Korean government website so no trouble there. I know they ask for "official copies", however she did get an "official" copy of her family relation certificate in person in Korea before we had married and it was also just a printout (standard copy paper, black and white, no seal/stamp/signature anything)

Thank you for the response, you’ve been a great help!