Implied status? How does this work?

[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

 

[Bornlucky]

Hi, yes you should apply to extend his visitor's status, and he should receive what's called a "visitor's record."

It's important to keep legal status in Canada and he's arrived and gained entry as a visitor. Your inland sponsorship is an application for his permanent resident status. While that application may include an application for him to receive an open work permit (that also provides visitor status), there can be any number of things that cause that application to not be processed in time to maintain his temporary (visitor) status.

So, yes to the submission of an application for a Visitor's Record to further his legal stay in Canada while the other application(s) find their way to a decision-maker's desk. If he receives his open work permit then this will replace his visitor's record as his temporary resident (visitor) status document.

An open work permit that confers temporary resident status is what will eventually replace the visitor's record.

I hope that I was clear as it's pretty early to try and explain immigration technicalities.

 

[NinaPlummer]

Hi, yes you should apply to extend his visitor's status, and he should receive what's called a "visitor's record."

It's important to keep legal status in Canada and he's arrived and gained entry as a visitor. Your inland sponsorship is an application for his permanent resident status. While that application may include an application for him to receive an open work permit (that also provides visitor status), there can be any number of things that cause that application to not be processed in time to maintain his temporary (visitor) status.

So, yes to the submission of an application for a Visitor's Record to further his legal stay in Canada while the other application(s) find their way to a decision-maker's desk. If he receives his open work permit then this will replace his visitor's record as his temporary resident (visitor) status document.

An open work permit that confers temporary resident status is what will eventually replace the visitor's record.

I hope that I was clear as it's pretty early to try and explain immigration technicalities.

Thank you so much for answering this question! Your answer was very helpful!
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?

 

[Bornlucky]

Thank you so much for answering this question! Your answer was very helpful!
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?

Hi - Permanently would be applicable. Hopefully your inland spousal will be visible on the decision-maker's system when the decision is made on this Visitor Record application. The person will have your application and the spousal appearing in their system and voila, the applicant's situation will be obvious.

Good luck and happy days