Should I extend my current status as a visitor while applying for PR and an open work permit through family sponsorship program in Canda?

[barxodanjiana]

Hi,
I hope you are well and safe.
I have been in Canada as a visitor since 18 of November 2020. On the 22 of January, I got married and on 7 of March 2021, I have sent all required documents for being sponsored and an open work permit. I have a valid temporary( Visitor) visa until December 2023, and since I can just stay six months, Should I apply for a visitor record to extend my status as a visitor ? or since I have applied for an open work permit and being sponsored there is no need for extending my current status as a visitor?

Thank you!

 

[scylla]

Hi,
I hope you are well and safe.
I have been in Canada as a visitor since 18 of November 2020. On the 22 of January, I got married and on 7 of March 2021, I have sent all required documents for being sponsored and an open work permit. I have a valid temporary( Visitor) visa until December 2023, and since I can just stay six months, Should I apply for a visitor record to extend my status as a visitor ? or since I have applied for an open work permit and being sponsored there is no need for extending my current status as a visitor?

Thank you!

The open work permit gives you implied status to remain in Canada. However you should still apply to extend your visitor status.

Sometimes sponsorship applications are return due to being incomplete. If this happens to you, you would fall out of status in Canada.

The way to protect yourself against this is to apply to extend your visitor status. Just do it once. That will give you enough time for your sponsorship application to be reviewed by IRCC to verify it is complete.

 

[barxodanjiana]

The open work permit gives you implied status to remain in Canada. However you should still apply to extend your visitor status.

Sometimes sponsorship applications are return due to being incomplete. If this happens to you, you would fall out of status in Canada.

The way to protect yourself against this is to apply to extend your visitor status. Just do it once. That will give you enough time for your sponsorship application to be reviewed by IRCC to verify it is complete.

Thank you

 

[Underhill]

The open work permit gives you implied status to remain in Canada.

The last time I crossed the border into Canada (late February 2021 - I was out of the country for 2 hours) I was told by the CBSA border agent that implied status provided by the Open Work Permit application applies ONLY to renewals, and that first-time applications - even when combined with a Spousal PR Sponsorship - don't provide any implied status. I realize that the OWP implied status is only valid in-country, and is meaningless for crossing the border back into Canada, but this CBSA agent made it clear that I'd overstayed my visitor visa while waiting for my Spousal PR application to process, and that he was fully within his rights to immediately kick me out of the country (he didn't obviously, but it was quite a heart-pounding hour...).

I know that sometimes CBSA agents aren't always truthful or knowledgable, but, while I am not challenging your knowledge on the subject, since my crossing I've been unable to find anything official from the Canadian government that supports implied status for a first-time OWP applicant. Any chance you've got a link?