How do we know for sure of implied status?

[NinaPlummer]

We have recently applied for my husband (Italian Citizen) to have PR status with spousal sponsorship from within Canada. We mailed the application a week and a half ago and we know that it has arrived at the office in Mississauga. He has not yet received official confirmation that it has been received. My husband's visitor status should technically expire in Mid-December, but we're under the impression that he is allowed to stay in the country until they make a decision. Does anyone know anything about this? Are we okay or should we apply to extend his Visitor Visa?

Thanks,

Nina

 

[scylla]

We have recently applied for my husband (Italian Citizen) to have PR status with spousal sponsorship from within Canada. We mailed the application a week and a half ago and we know that it has arrived at the office in Mississauga. He has not yet received official confirmation that it has been received. My husband's visitor status should technically expire in Mid-December, but we're under the impression that he is allowed to stay in the country until they make a decision. Does anyone know anything about this? Are we okay or should we apply to extend his Visitor Visa?

Thanks,

Nina

Did you include an open work permit application with the spousal sponsorship application? If so, you have implied status.

Having said that, I would strongly recommend that you still apply to extend his visitor visa. The reason why is that you almost certainly won't know if his application has been accepted as complete before his visitor status expires. If for any reason his application is incomplete (i.e. missing signature, outdated form, wrong / missing fees, etc.), his application will be returned as incomplete and then he'll fall out of status in Canada and you'll need to apply to restore his status along with correcting and resubmitting the spousal sponsorship application. Applying for the visitor visa extension provides you with a kind of insurance against this and will keep his status in Canada legal even if the spousal sponsorship application is returned.

 

[NinaPlummer]

Did you include an open work permit application with the spousal sponsorship application? If so, you have implied status.

Having said that, I would strongly recommend that you still apply to extend his visitor visa. The reason why is that you almost certainly won't know if his application has been accepted as complete before his visitor status expires. If for any reason his application is incomplete (i.e. missing signature, outdated form, wrong / missing fees, etc.), his application will be returned as incomplete and then he'll fall out of status in Canada and you'll need to apply to restore his status along with correcting and resubmitting the spousal sponsorship application. Applying for the visitor visa extension provides you with a kind of insurance against this and will keep his status in Canada legal even if the spousal sponsorship application is returned.

Yes, we applied for the open work permit. But that's good to know thank you so much for your help!

 

[NinaPlummer]

Would this be what we should apply for? https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay/apply.html

 

[scylla]

Would this be what we should apply for? https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay/apply.html

Yes - that's right.

 

[NinaPlummer]

We're currently in the process of applying for the extension. There's a question asking us how long he plans on staying in Canada:

• Temporarily (less than 6 months)
• Temporarily (more than 6 months)
• Permanently

I'm not sure what to answer since we have submitted the PR application, however we have not yet heard back from the IRCC about it. Would anyone recommend any answers in particular?