Inland Spouse Sponsorship - Tourist Visa ending and no AOR

[toshio]

Hello folks, I was hoping someone would have some insight into my situation.

I've sent an application for a spouse sponsorship along with an open work permit for my wife and received a temporary application number on Sep 2021. Original application received by the IRCC around the end of August 2021.

My wife is on a tourist Visa and as it's only for 6 months, it's ending soon. We got married in Canada in July.

I've always been under the assumption that we would receive an AOR or something before her Visa expires so she could stay in Canada legally after her tourist Visa expires. Now that there's a lot of delays, we're getting anxious about it.

Would she need to leave the country or can she stay?

*Quick edit, she actually has an eTA. Not sure how that impacts anything.

 

[dbanderblom]

I'm having similar concerns Toshio. We applied last December and still don't even have a prospective application number or AOR. My latest 6 months visitor status ends soon. My lawyer said I'm fine because I've applied for the OWP with the PR app, but the IRCC website says you have to get your AOR before applying for the OWP, so I'm worried that technically I haven't actually applied for the OWP yet.

 

[toshio]

As in this link, seems like it's possible to apply for a visitor record and extend the duration of the temporary status?

 

[scylla]

As in this link, seems like it's possible to apply for a visitor record and extend the duration of the temporary status?

Yes, just apply to extend her status and that will protect you against a possible returned application due to it being incomplete. No need for her to leave.

Don't rely on the link you quoted. It is useless and provides some bad information.

All you need is the IRCC website. Here's the link:

https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay.html

 

[scylla]

I'm having similar concerns Toshio. We applied last December and still don't even have a prospective application number or AOR. My latest 6 months visitor status ends soon. My lawyer said I'm fine because I've applied for the OWP with the PR app, but the IRCC website says you have to get your AOR before applying for the OWP, so I'm worried that technically I haven't actually applied for the OWP yet.

You are confusing spousal sponsorship with economic immigration. For economic immigration (e.g. Express Entry), you need to have AOR before you can apply for BOWP. The same rule does not apply to spousal sponsorship.

Your spouse has implied status and is fine provided the application isn't returned as incomplete.

If you want to give yourself further protection, apply to extend your spouse's status before it ends.

 

[Bornlucky]

As in this link, seems like it's possible to apply for a visitor record and extend the duration of the temporary status?

Hi - I didn't open the link, but I didn't need to as a person in Canada with temporary resident status can apply to extend their visitor's status by applying for an extension. The visitor's record details any new period of lawful temporary status (visitor's status), and any terms and conditions that may be attached to that status.

So, yes - apply for a Visitor's Record that will extend the status.

 

[toshio]

Thanks for all the comments. I'll go ahead and look into extending her visitor status. Hopefully the application for PR is complete and they don't return it to me haha

 

[scylla]

Thanks for all the comments. I'll go ahead and look into extending her visitor status. Hopefully the application for PR is complete and they don't return it to me haha

That's definitely the hope.

IMO it's a good idea to apply for the extension. Gives you protection just in case.

 

[YVR123]

Hello folks, I was hoping someone would have some insight into my situation.

I've sent an application for a spouse sponsorship along with an open work permit for my wife and received a temporary application number on Sep 2021. Original application received by the IRCC around the end of August 2021.

My wife is on a tourist Visa and as it's only for 6 months, it's ending soon. We got married in Canada in July.

I've always been under the assumption that we would receive an AOR or something before her Visa expires so she could stay in Canada legally after her tourist Visa expires. Now that there's a lot of delays, we're getting anxious about it.

Would she need to leave the country or can she stay?

*Quick edit, she actually has an eTA. Not sure how that impacts anything.

Did you apply for OWP together with the inland sponsorship application?

It's the OWP that would give her the implied status.

If an OWP wasnt' included in the sponsorship, apply to extend her stay. (as link posted by scylla)

Even if the OWP was included, it's better to extend her stay in case the application is returned as incomplete. It's best to make sure that she retain a valid status in Canada.

 

[toshio]

Did you apply for OWP together with the inland sponsorship application?

It's the OWP that would give her the implied status.

If an OWP wasnt' included in the sponsorship, apply to extend her stay. (as link posted by scylla)

Even if the OWP was included, it's better to extend her stay in case the application is returned as incomplete. It's best to make sure that she retain a valid status in Canada.

Yes, we applied for the OWP as well. We'll apply to extend her stay and wait