Inland Spousal+OWP Application - Out of Status After Receiving AOR - What to do?

[LoveIt]

Hi everyone,

I applied for inland spousal sponsorship+OWP in January and received AOR in early June (delayed due to covid). However, while I've been waiting for OWP for more than six months, the allowed time of 180days to stay in Canada on my TRV visa expired recently. I couldn't apply to extend it on time due to covid related reasons.

Tried calling IIRC but no answer after waiting on the line for hours. I know that now I need to apply for restoration of status. However, today I saw this article saying that "Due to challenges caused by the pandemic, IRCC is giving former workers, students, and visitors up until December 31, 2020 to apply to restore their temporary status."

Does that mean that I can simply wait to receive my OWP and I'll be fine without restoring my status? Do you think it would cause delay in my main application+OWP?

Thanks a lot in advance!

 

[scylla]

Hi everyone,

I applied for inland spousal sponsorship+OWP in January and received AOR in early June (delayed due to covid). However, while I've been waiting for OWP for more than six months, the allowed time of 180days to stay in Canada on my TRV visa expired recently. I couldn't apply to extend it on time due to covid related reasons.

Tried calling IIRC but no answer after waiting on the line for hours. I know that now I need to apply for restoration of status. However, today I saw this article saying that "Due to challenges caused by the pandemic, IRCC is giving former workers, students, and visitors up until December 31, 2020 to apply to restore their temporary status."

Does that mean that I can simply wait to receive my OWP and I'll be fine without restoring my status? Do you think it would cause delay in my main application+OWP?

Thanks a lot in advance!

As long as you submitted the spousal sponsorship + OWP before your status in Canada expired, you have implied status in Canada.

The new rule is irrelevant. You're covered under old / existing rules.

 

[LoveIt]

As long as you submitted the spousal sponsorship + OWP before your status in Canada expired, you have implied status in Canada.

The new rule is irrelevant. You're covered under old / existing rules.

Does that mean that I don't need to do anything?

 

[scylla]

Does that mean that I don't need to do anything?

That's right. Just wait for the OWP.

 

[LoveIt]

That's right. Just wait for the OWP.

Wow, that's a huge relief. Thank you!
Btw, do you know if we need to leave temporarily for an emergency before OWP arrives, re-entry with TRV (it's still valid) would be problematic? Asking because of a possible family health issue back home.

 

[scylla]

Wow, that's a huge relief. Thank you!
Btw, do you know if we need to leave temporarily for an emergency before OWP arrives, re-entry with TRV (it's still valid) would be problematic? Asking because of a possible family health issue back home.

There's no clear answer at this time. Technically you should be allowed to board the plane since you have an immediate family members who is Canadian. However there have been some inconsistent experiences at airports due to the current restrictions in place. So high chance you would be fine. But some risk you might run into problems.

Also keep in mind that one of the requirements of the inland process is that you be cohabitating with your sponsor in Canada. So you'd want to keep your trip relatively short (2-3 weeks if possible). If for any reason you get stuck outside of Canada for a prolonged time (e.g. few months), it's possible your application may be canceled.