Is my visitor status maintained during my open work permit application?

[MattMatt]

Hi all,

I'm currently on a maintained/implied visitor status, awaiting an answer on my visitor record extension request (I stayed longer than 6 months in Canada).

I recently discovered I could apply for an Open Work Permit as my certified common-law partner is an international student and lives with me (and, so, I applied for the permit).

If my visitor record extension is denied,
Do I still have a maintained status while I await a response on my Open Work Permit?
Should I try to restore my status?
Or go home and wait for an answer on the permit?

Thanks

 

[scylla]

Hi all,

I'm currently on a maintained/implied visitor status, awaiting an answer on my visitor record extension request (I stayed longer than 6 months in Canada).

I recently discovered I could apply for an Open Work Permit as my certified common-law partner is an international student and lives with me (and, so, I applied for the permit).

If my visitor record extension is denied,
Do I still have a maintained status while I await a response on my Open Work Permit?
Should I try to restore my status?
Or go home and wait for an answer on the permit?

Thanks

You would only have maintained status if the visitor record is refused if you submitted the OWP application before the end of your six months stay in Canada. If you submitted after, then you will fall out of status if the visitor record is refused.

 

[MattMatt]

You would only have maintained status if the visitor record is refused if you submitted the OWP application before the end of your six months stay in Canada. If you submitted after, then you will fall out of status if the visitor record is refused.

It makes sense. But can I try to restore my status while I await for an answer on the OWP?

 

[scylla]

It makes sense. But can I try to restore my status while I await for an answer on the OWP?

If the visitor record is refused, then yes.

 

[canuck78]

Hi all,

I'm currently on a maintained/implied visitor status, awaiting an answer on my visitor record extension request (I stayed longer than 6 months in Canada).

I recently discovered I could apply for an Open Work Permit as my certified common-law partner is an international student and lives with me (and, so, I applied for the permit).

If my visitor record extension is denied,
Do I still have a maintained status while I await a response on my Open Work Permit?
Should I try to restore my status?
Or go home and wait for an answer on the permit?

Thanks

What is your common law studying? Did you apply for the extension of your visitor status before the 6 month ended? What were your grounds to extend your visitor status? It appears as though you may be living in Canada not visiting. New policies may make it impossible for you to get SOWP.

 

[MattMatt]

What is your common law studying? Did you apply for the extension of your visitor status before the 6 month ended? What were your grounds to extend your visitor status? It appears as though you may be living in Canada not visiting. New policies may make it impossible for you to get SOWP.

-She's doing a Master's degree at UBC.
-I did apply one month before the 6 months visitor status expired.
-I want to extend my status while searching for a job (I made it explicit in my request that I have a 'dual intent'). At that time, I didn't know I could apply for an OWP via my common-law relationship.
-I don't intend on staying here. I have strong family ties and career opportunities in my home country. I just want a job here while my girlfriend finishes her degree. I am not applying for a 'SOWP', but for an OWP under exception C42 (common-law partner of an international student).

I hope this extra information will help you understand my situation better.