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*** March 2020 INLAND Spouse Sponsorship ***

filo21

Newbie
Dec 11, 2017
5
0
Italy
Category........
FAM
App. Filed.......
09-03-2020
Hey everybody, I have a question re: extending a visitor record.
I landed in Canada as a visitor in Aug 2019. I applied for an extension of my visitor status in Jan 2020 (30 days before the expiration of my 6-month visitor status) and then applied for the PR under the Family Class Spouse Sponsorship in mid-March.
My application for a visitor record has just been approved and my visitor status extended to July 21. However, considering the significant slowdown in the application processing, I am now concerned that I might end up being out of status before I receive an AOR and can benefit of the implied status of the sponsorship application.
My question is, can a visitor record be further extended? For how long? I wasn't able to find a clear process to do this on the IRCC website. If extending a visitor record is indeed possible, should I submit an application 30 days before my status expires?
Thank you for your help!
 

Eveslm

Champion Member
Jun 21, 2018
1,060
295
Edmonton
Category........
FAM
Visa Office......
Mississauga
Hey everybody, I have a question re: extending a visitor record.
I landed in Canada as a visitor in Aug 2019. I applied for an extension of my visitor status in Jan 2020 (30 days before the expiration of my 6-month visitor status) and then applied for the PR under the Family Class Spouse Sponsorship in mid-March.
My application for a visitor record has just been approved and my visitor status extended to July 21. However, considering the significant slowdown in the application processing, I am now concerned that I might end up being out of status before I receive an AOR and can benefit of the implied status of the sponsorship application.
My question is, can a visitor record be further extended? For how long? I wasn't able to find a clear process to do this on the IRCC website. If extending a visitor record is indeed possible, should I submit an application 30 days before my status expires?
Thank you for your help!
You can apply to extend your stay again. You can ask for 1 year (so as to be in status during the entire process). But if you applied for an OWP, you can ask for 6 months (provided the OWP is approved, it gives you 2 years). There is no limit to apply for extensions.

Note; AOR for your PR does not give you implied status. What gives you status is your OWP application. And unfortunately, we have seen (currently) they are being returned for missing payments/signatures even after AOR
 

filo21

Newbie
Dec 11, 2017
5
0
Italy
Category........
FAM
App. Filed.......
09-03-2020
You can apply to extend your stay again. You can ask for 1 year (so as to be in status during the entire process). But if you applied for an OWP, you can ask for 6 months (provided the OWP is approved, it gives you 2 years). There is no limit to apply for extensions.

Note; AOR for your PR does not give you implied status. What gives you status is your OWP application. And unfortunately, we have seen (currently) they are being returned for missing payments/signatures even after AOR
Thank you for your reply! :)

I was under the impression that applying for a PR would extend the current status (i.e. visitor) until a final decision on the application is made, my bad. Thank you for clarifying that!
I did apply for the OWP with my PR application, though. Does the submission of the OWP application grants implied status until a final decision on the application is made, or would that be true only when the application is actually being processed? If the latter is true, would the reception of the AOR indicate that both the PR and OWP are indeed being processed? Otherwise, what would be the sign that the OWP is being processed?

Due to the current situation is really difficult to assess if my current extension of the visitor status would be sufficient to guarantee legal status throughout the entire process sigh :(
 

yellowhoney

Full Member
Aug 3, 2018
37
1
Thank you for your reply! :)

I was under the impression that applying for a PR would extend the current status (i.e. visitor) until a final decision on the application is made, my bad. Thank you for clarifying that!
I did apply for the OWP with my PR application, though. Does the submission of the OWP application grants implied status until a final decision on the application is made, or would that be true only when the application is actually being processed? If the latter is true, would the reception of the AOR indicate that both the PR and OWP are indeed being processed? Otherwise, what would be the sign that the OWP is being processed?

Due to the current situation is really difficult to assess if my current extension of the visitor status would be sufficient to guarantee legal status throughout the entire process sigh :(

@Eveslm i’m curious about this too. my partner is actually out of status now (visitor visa extension got refused 4 days ago) so needs to apply for a restoration, we’re still working on our common law visa, will be sending in the net week. and i don’t know if it’s better to apply for a OWP restoration or a visitor visa restoration or both if possible? what do you recommend?

thanks!
 

bian07

Hero Member
May 19, 2017
447
131
@Eveslm i’m curious about this too. my partner is actually out of status now (visitor visa extension got refused 4 days ago) so needs to apply for a restoration, we’re still working on our common law visa, will be sending in the net week. and i don’t know if it’s better to apply for a OWP restoration or a visitor visa restoration or both if possible? what do you recommend?

thanks!
I just have a quick question regarding the refusal, I am still waiting on my visitor extension. When did you apply for it? Did they state why they refused it? (if you don't mind answering)
 

yellowhoney

Full Member
Aug 3, 2018
37
1
I just have a quick question regarding the refusal, I am still waiting on my visitor extension. When did you apply for it? Did they state why they refused it? (if you don't mind answering)
She applied at the beginning of the year and was refused last week. It wasn’t refused in relation to common law, we only found out about that visa recently. They had approved many extensions before that, but because with this one she hadn’t sent in the express entry application yet, which was spoken about in previous extensions, because of so many delays with getting documents. Now we’re doing common law visa.
 

bian07

Hero Member
May 19, 2017
447
131
She applied at the beginning of the year and was refused last week. It wasn’t refused in relation to common law, we only found out about that visa recently. They had approved many extensions before that, but because with this one she hadn’t sent in the express entry application yet, which was spoken about in previous extensions, because of so many delays with getting documents. Now we’re doing common law visa.
oh so she had already applied multiple times? I see. thank you so much for your answer. I applied on february 5th and I'm getting very nervous about it taking so long. but thank you very much!
 

Eveslm

Champion Member
Jun 21, 2018
1,060
295
Edmonton
Category........
FAM
Visa Office......
Mississauga
@Eveslm i’m curious about this too. my partner is actually out of status now (visitor visa extension got refused 4 days ago) so needs to apply for a restoration, we’re still working on our common law visa, will be sending in the net week. and i don’t know if it’s better to apply for a OWP restoration or a visitor visa restoration or both if possible? what do you recommend?

thanks!
I would apply for OWP after restoring status. Some have applied for restoration and OWP together and were approved, after their status was restored, and some had to wait for AIP. All in all you need to have valid status to be eligible for OWP
 
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Eveslm

Champion Member
Jun 21, 2018
1,060
295
Edmonton
Category........
FAM
Visa Office......
Mississauga
She applied at the beginning of the year and was refused last week. It wasn’t refused in relation to common law, we only found out about that visa recently. They had approved many extensions before that, but because with this one she hadn’t sent in the express entry application yet, which was spoken about in previous extensions, because of so many delays with getting documents. Now we’re doing common law visa.
If you have been living with your partner for 12 months, with no breaks and have proof of cohab for those 12 months, you can apply for sponsorship under common law.
 
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yellowhoney

Full Member
Aug 3, 2018
37
1
I would apply for OWP after restoring status. Some have applied for restoration and OWP together and were approved, after their status was restored, and some had to wait for AIP. All in all you need to have valid status to be eligible for OWP
This is something I was confused about because on the Open work permit pilot program information on Canada’s website, it says you’re eligible if:
  • the SCLPC class applicant has valid temporary resident status (as a visitor, student or worker), or is eligible to restore their temporary resident status, and has submitted the restoration application with their application for permanent residence
But then later on in the document it says you’re not eligible when:
  • applicants whose application for permanent residence is being processed under the spousal public policy on the basis that they do not have a valid temporary resident status (these applicants must wait until they receive approval in principle to be eligible to apply for an open work permit)
So in effect, it’s better to apply for OWP once her visitor visa has been restored.

When would she apply for her visitor visa restoration then? Since she has 90 days to restore, she was planning on sending her restoration once we received the AOR from Common Law, but I know a lot people are waiting a long time for AOR because of the pandemic. So can we send in the restoration at the same time as the Common Law application? What proof could we provide that the Common Law application has been sent that would be as good as an AOR?

Cheers
 
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Eveslm

Champion Member
Jun 21, 2018
1,060
295
Edmonton
Category........
FAM
Visa Office......
Mississauga
This is something I was confused about because on the Open work permit pilot program information on Canada’s website, it says you’re eligible if:
  • the SCLPC class applicant has valid temporary resident status (as a visitor, student or worker), or is eligible to restore their temporary resident status, and has submitted the restoration application with their application for permanent residence
But then later on in the document it says you’re not eligible when:
  • applicants whose application for permanent residence is being processed under the spousal public policy on the basis that they do not have a valid temporary resident status (these applicants must wait until they receive approval in principle to be eligible to apply for an open work permit)
So in effect, it’s better to apply for OWP once her visitor visa has been restored.

When would she apply for her visitor visa restoration then? Since she has 90 days to restore, she was planning on sending her restoration once we received the AOR from Common Law, but I know a lot people are waiting a long time for AOR because of the pandemic. So can we send in the restoration at the same time as the Common Law application? What proof could we provide that the Common Law application has been sent that would be as good as an AOR?

Cheers
She does not need to wait for AOR, she can apply to restore status online, she can submit proof of PR application payment receipts. She is out of status, so she should apply immediately
 
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yellowhoney

Full Member
Aug 3, 2018
37
1
She does not need to wait for AOR, she can apply to restore status online, she can submit proof of PR application payment receipts. She is out of status, so she should apply immediately
Great thank you!

Do you have any recommendations, or can point to any resources, for what she should include in the restoration for the best chance of it getting accepted?