Question about 'outland' applicant in Canada

[Yelsew]

I know there have been lots of threads about inland/outland sponsorships, but I haven't been able to find a definitive answer to this question. My understanding is that in the case of an outland sponsorship in which the spouse is living in Canada with the sponsor, the spouse must maintain legal status in order to stay in Canada during the processing (unlike the inland sponsorship). Since visitor visas are typically issued for six months max, it is likely that they would have to apply for an extension while waiting for the PR application to be processed. In these situations, are visitor extensions normally approved by virtue of having an outland PR app in progress? Or are they sometimes denied--and if so, does this mean the applicant must leave Canada and not return until the PR app is approved?

 

[Sweden]

Your understanding is correct : with an outland application, there is no implied status so the applicant must maintain legal status.
Most outland applicants apply for an extension of their visitor visa. It seems to be granted most of the time - provided that you send an explanation, a proof that you have applied for PR, and sufficient proofs that you have the means to support yourself without working (most of the time, the partner's income).
If the extension is not granted, then yes - the applicant has to leave Canada, but the outland application is not interrupted, as the applicant can be anywhere in the world.
Quite a few applicants have applied for 12 months extension, based on the length of the PR process, and have successfully been granted the 12 months.
Good luck,
Sweden

 

[Yelsew]

Thanks for your help, Sweden.

Regarding the request to remain in Canada as a visitor http://www.cic.gc.ca/english/pdf/kits/forms/imm5708E.pdf, on page 3 (details of visit to Canada), should the applicant choose 'other' from the drop-down menu where it asks about purpose of visit, and then explain in the next field that the application is in conjunction with her PR application and wishes to remain with her sponsor during processing? That seems to be more honest than choosing 'tourism.' And then the next question is 'how long do you intend to stay?' It asks for a specific time frame, so should she request 12 months (rather than 6 months) to cover the expected remaining duration of the PR processing?

 

[Sweden]

Thanks for your help, Sweden.

Regarding the request to remain in Canada as a visitor http://www.cic.gc.ca/english/pdf/kits/forms/imm5708E.pdf, on page 3 (details of visit to Canada), should the applicant choose 'other' from the drop-down menu where it asks about purpose of visit, and then explain in the next field that the application is in conjunction with her PR application and wishes to remain with her sponsor during processing? That seems to be more honest than choosing 'tourism.' And then the next question is 'how long do you intend to stay?' It asks for a specific time frame, so should she request 12 months (rather than 6 months) to cover the expected remaining duration of the PR processing?

yes - you can choose other and explain. Include proofs that you have applied for PR. For the duration - depending on where your VO is, and how long it will take. if for example, your VO has a stated processing time of 14 months, you can try and ask for 14 months based on that. Some applicants have been successful. I'm not sure how much you can push it though - so maybe applying for 12 months now is a wise thing to do, and if in 12 months you still don't have your PR, you can apply for another extension - there is no limit on the number of extensions as far as I'm aware. In 12 months you should either have your PR (hopefully), or a better idea of how long it will take.

Sweden