Remaining in Canada While Waiting for Spousal Application

[jdogg05]

Hi,

I am sponsoring my wife who is living with me in Canada under a Study/Work permit that expires on Mar 31, 2019. We are submitting a Open Work Permit extension but we have less than the four months processing time before her current visa expires. We plan to submit the PR application this week. Will she be allowed to stay in Canada, not working, while we wait for the Open Work Permit application? Or does she have to leave? Can/should we submit a visitor extension?

Thank you for your help!

J

 

[Wakki]

submit the inland sponsorship + OWP and apply for visa extension.....if the OWP is received when the applicant has status, the OWP when approved will give the applicant implied status.......the visa extension will ensure the applicant remain in status until the OWP is approved or in case for whatever reason the sponsorship application is returned to be re-submitted......the OWP will not be approved if the applicant has no status when it was received......OWP is usually approved within 4 months......and sponsorship within 12 months.

 

[jdogg05]

submit the inland sponsorship + OWP and apply for visa extension.....if the OWP is received when the applicant has status, the OWP when approved will give the applicant implied status.......the visa extension will ensure the applicant remain in status until the OWP is approved or in case for whatever reason the sponsorship application is returned to be re-submitted......the OWP will not be approved if the applicant has no status when it was received......OWP is usually approved within 4 months......and sponsorship within 12 months.

When you say, "when approved" did you mean to say, "when received"? If it takes four months to approve the OWP, she will be outside her current status. When we submit the application, she will still have legal status. When they receive it, she will still have legal status. Just confirming that you are saying we are OK? As long as we submit the application and they receive it before her status expires?

Thank you for your help.

 

[arsalmano]

When you say, "when approved" did you mean to say, "when received"? If it takes four months to approve the OWP, she will be outside her current status. When we submit the application, she will still have legal status. When they receive it, she will still have legal status. Just confirming that you are saying we are OK? As long as we submit the application and they receive it before her status expires?

Thank you for your help.

If you submit your inland PR application with an OWP app, BEFORE your legal date of stay expires, you would have an IMPLIED status until the decision is made on your application. You must apply for PR with OWP in order to get the implied status and apply before your status expires. It takes 6-8 weeks to get the AOR. I received my AOR yesterday and the app was submitted on Dec 5, 2018.

 

[canuck_in_uk]

When you say, "when approved" did you mean to say, "when received"? If it takes four months to approve the OWP, she will be outside her current status. When we submit the application, she will still have legal status. When they receive it, she will still have legal status. Just confirming that you are saying we are OK? As long as we submit the application and they receive it before her status expires?

Thank you for your help.

She will have valid Implied Status after her study permit expires while waiting for the OWP to be approved. However, if the PR and/or OWP app is returned after her study permit expires, Implied Status would end and she would be out of status. To make sure that doesn't happen, she can also apply for a visitor extension before her study permit expires, as a back-up in case the OWP is returned.

 

[arsalmano]

She will have valid Implied Status after her study permit expires while waiting for the OWP to be approved. However, if the PR and/or OWP app is returned after her study permit expires, Implied Status would end and she would be out of status. To make sure that doesn't happen, she can also apply for a visitor extension before her study permit expires, as a back-up in case the OWP is returned.

Hi, I received the AOR yesterday for my wife's inland PR. OWP app was included in the PR application. When can I expect to get the OWP?
Also, now that we have AOR, we have not heard back yet about her visitor extension. Is it required after you get your AOR or OWP?

 

[canuck_in_uk]

Hi, I received the AOR yesterday for my wife's inland PR. OWP app was included in the PR application. When can I expect to get the OWP?
Also, now that we have AOR, we have not heard back yet about her visitor extension. Is it required after you get your AOR or OWP?

3-4 months for the OWP. AOR has nothing to do with the visitor extension app, so not sure what you are asking.

 

[canuck_in_uk]

the OWP is usuallt approved within 4 months.....you have received AOR.....if the OWP is approved, the applicant will have implied status and not need visitor visa extension.

If the OWP is approved, the applicant has valid status as a worker, not Implied Status. Implied Status only applies during the time between expiry of the previous status and approval of the new status.

 

[arsalmano]

3-4 months for the OWP. AOR has nothing to do with the visitor extension app, so not sure what you are asking.

I'm just wanting to know that now that we have AOR, my wife can stay here until she gets her PR given all goes well, correct? Don't need to get an extension or anything?
Also, is it 4 months from the time when the application was submitted or 4 months after AOR received?

 

[canuck_in_uk]

I'm just wanting to know that now that we have AOR, my wife can stay here until she gets her PR given all goes well, correct? Don't need to get an extension or anything?
Also, is it 4 months from the time when the application was submitted or 4 months after AOR received?

AOR has nothing to do with it. She can stay as long as she maintains her status.

4 months from submission.

 

[arsalmano]

AOR has nothing to do with it. She can stay as long as she maintains her status.

4 months from submission.

Thank you for your reply. I'm a bit confused now when you say maintain status, you mean she should have visitor extension? My wife's status expired Dec 21, 2019. We had implied status since, and now we have her AOR. How do we "maintain status" then? We had also sent in her visa extension app but have not heard anything.

I just need to know that if she needs her visitor visa extended or are we good now and do nothing because we have AOR.

 

[canuck_in_uk]

Thank you for your reply. I'm a bit confused now when you say maintain status, you mean she should have visitor extension? My wife's status expired Dec 21, 2019. We had implied status since, and now we have her AOR. How do we "maintain status" then? We had also sent in her visa extension app but have not heard anything.

I just need to know that if she needs her visitor visa extended or are we good now and do nothing because we have AOR.

She has maintained her status by applying for the OWP, with the visitor extension as a back-up. You don't need to do anything because of those apps. Nothing to do with AOR.

 

[canuck78]

If you receive AOR your file is complete and won't be returned. The big issue is that you want to remain in status to qualify for an OWP.

 

[arsalmano]

If you receive AOR your file is complete and won't be returned. The big issue is that you want to remain in status to qualify for an OWP.

So how can we remain in status if all she got is AOR and have not heard back about her extension? Does that mean she needs her extension ASAP? This part is confusing, sorry.

I was relieved to read your first response but the second response has me confused again.

 

[canuck_in_uk]

So how can we remain in status if all she got is AOR and have not heard back about her extension? Does that mean she needs her extension ASAP? This part is confusing, sorry.

I was relieved to read your first response but the second response has me confused again.

As already explained, she has maintained her status by applying for the OWP and the visitor extension. Look up Implied Status on the IRCC website.