Seeking Advice: Best Way to Maintain Legal Status in Canada While Awaiting Spousal Sponsorship AOR

[katelife0522]

Hi everyone,


I'm currently in Canada on a visitor record status, which is valid until September 1st. Initially, I extended my stay based on my previous work permit expiring.
This month, my husband and I have applied for spouse sponsorship, but we haven't received the Acknowledgment of Receipt (AOR) yet. I'm trying to figure out the best way to maintain my legal status in Canada and avoid losing it.


Here are my options:

1. Apply for a work permit without the AOR: I could apply two weeks before my current visitor status expires. This would allow me to maintain my status until a decision is made on my work permit application.
2. Extend my visitor status again: I could apply for another extension as a visitor, based on the fact that I'm waiting for the spouse sponsorship application. This would allow me to stay in Canada for an additional 3 months.

Which option would be better for maintaining my legal status in Canada?

Any advice or experiences would be greatly appreciated. Thank you!

 

[Ponga]

Hi everyone,


I'm currently in Canada on a visitor record status, which is valid until September 1st. Initially, I extended my stay based on my previous work permit expiring.
This month, my husband and I have applied for spouse sponsorship, but we haven't received the Acknowledgment of Receipt (AOR) yet. I'm trying to figure out the best way to maintain my legal status in Canada and avoid losing it.


Here are my options:

1. Apply for a work permit without the AOR: I could apply two weeks before my current visitor status expires. This would allow me to maintain my status until a decision is made on my work permit application.
2. Extend my visitor status again: I could apply for another extension as a visitor, based on the fact that I'm waiting for the spouse sponsorship application. This would allow me to stay in Canada for an additional 3 months.

Which option would be better for maintaining my legal status in Canada?

Any advice or experiences would be greatly appreciated. Thank you!

AOR, in and of itself, does nothing to extend legal status. Even if you receive it before your status expires, you need to apply to extend your visitor status.

If you submitted an Inland application, you cannot apply for the OWP until you receive the AOR, so option #1 would not work.

Option 2 is viable, but how do you know that you would only have an extra 3 months? Dual Intent is widely understood, so just make sure to understand what it is and how best to use it in your situation.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html

 

[katelife0522]

AOR, in and of itself, does nothing to extend legal status. Even if you receive it before your status expires, you need to apply to extend your visitor status.

If you submitted an Inland application, you cannot apply for the OWP until you receive the AOR, so option #1 would not work.

Option 2 is viable, but how do you know that you would only have an extra 3 months? Dual Intent is widely understood, so just make sure to understand what it is and how best to use it in your situation.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html

On the Canada official website, you could apply for OWP without an AOR
https://tinypic.host/image/Screenshot-2024-07-21-at-3.11.23-PM.Dz3qoR

 

[Ponga]

On the Canada official website, you could apply for OWP without an AOR
https://tinypic.host/image/Screenshot-2024-07-21-at-3.11.23-PM.Dz3qoR

Interesting. This must be a recent change to their policy.
Thanks for the info.

Based on that, your option #1 works IF you plan/need to be able to work. Otherwise, save the $255 fee and just apply to extend your visitor status the day before it expires.

 

[Ponga]

Looks like IRCC has yet to update this to reflect the change that you mentioned:
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html
[Last updated 2024-05-23]

Who can apply

You can apply for an open work permit if you’re one of the following:

• a spouse, common-law partner or conjugal partner living in Canada who’s being sponsored for permanent residence
• an accompanying dependent child of the principal applicant

Principal permanent residence applicants

When you apply for your open work permit, you must also be

• in a genuine relationship with your sponsor
• included in an application for permanent residence, and have an acknowledgement of receipt (AOR)letter confirming that your permanent residence application is being processed
  • The AOR must be for your permanent resident application. You can’t use the AOR your sponsor received when they applied to sponsor you.
• living in Canada with your sponsor

---
No idea what to tell you now. LOL!

[edit]
The strange thing is that the relationship assessment is LONG AFTER the simple AOR. It's actually part of what satisfies the AIP stage.

 

[armoured]

If you submitted an Inland application, you cannot apply for the OWP until you receive the AOR, so option #1 would not work.

I think this is incorrect - as I recall it is only outland apps that require the AOR first (undr the new / pilot project), before that inland applicants could always submit the work permit app at same time.

I think, if I remember correctly.

 

[lovindahubby]

It won’t allow you to apply without an AOR. We’ve tried before. Best thing to do is extend your visitor visa , they will give you up to a year for you to stay legal in the country .
Most things on the website is not straight forward, it will make you confuse. If you haven’t receive an AOR , just extended your visitor visa and when you get your AOR apply for work permit .

On the Canada official website, you could apply for OWP without an AOR
https://tinypic.host/image/Screenshot-2024-07-21-at-3.11.23-PM.Dz3qoR

 

[katelife0522]

Looks like IRCC has yet to update this to reflect the change that you mentioned:
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html
[Last updated 2024-05-23]

Who can apply

You can apply for an open work permit if you’re one of the following:

• a spouse, common-law partner or conjugal partner living in Canada who’s being sponsored for permanent residence
• an accompanying dependent child of the principal applicant

Principal permanent residence applicants

When you apply for your open work permit, you must also be

• in a genuine relationship with your sponsor
• included in an application for permanent residence, and have an acknowledgement of receipt (AOR)letter confirming that your permanent residence application is being processed
  • The AOR must be for your permanent resident application. You can’t use the AOR your sponsor received when they applied to sponsor you.
• living in Canada with your sponsor

---
No idea what to tell you now. LOL!

[edit]
The strange thing is that the relationship assessment is LONG AFTER the simple AOR. It's actually part of what satisfies the AIP stage.

I think I'm getting mixed information from officials about this.

But also I just want putting this information out here for anyone who might be in the same situation!
On Reddit, I read some posts (#1, #2 , #3 ) that suggest you can obtain an OWP without an AOR—the key is the 2-week timeframe.
I'm planning to do more research to clarify this to determine what is the best next move .

 

[Ponga]

I think this is incorrect - as I recall it is only outland apps that require the AOR first (undr the new / pilot project), before that inland applicants could always submit the work permit app at same time.

I think, if I remember correctly.

I recall it to be correct, based on the many posts that I saw, but...*shrugs*
https://www.canadavisa.com/canada-immigration-discussion-board/threads/i-submitted-the-open-work-permit-along-with-inland-pr-application-was-this-ok.826338/post-10663983

Prior to the changes that were made in September of 2022(?) an OWP could have been submitted with the SCPLC sponsorship application (if the applicant had legal status).

 

[Ponga]

I think I'm getting mixed information from officials about this.

But also I just want putting this information out here for anyone who might be in the same situation!
On Reddit, I read some posts (#1, #2 , #3 ) that suggest you can obtain an OWP without an AOR—the key is the 2-week timeframe.
I'm planning to do more research to clarify this to determine what is the best next move .

But again...do you really need to work before your PR is approved, or are you simply looking to extend legal status? $255 is still $255 and if you don't need to work, take the cheaper option.

 

[armoured]

I recall it to be correct, based on the many posts that I saw, but...*shrugs*
https://www.canadavisa.com/canada-immigration-discussion-board/threads/i-submitted-the-open-work-permit-along-with-inland-pr-application-was-this-ok.826338/post-10663983

Prior to the changes that were made in September of 2022(?) an OWP could have been submitted with the SCPLC sponsorship application (if the applicant had legal status).

Yes, my question is whether that still applies - it seems to me clear that OUTLAND applicants need to wait for the AOR, but I haven't checked whether one can now submit at same time with the app for INLAND apps.

(Capitalizing just to emphasize the difference, and also because I never remember what sclpc is)

 

[Ponga]

Yes, my question is whether that still applies - it seems to me clear that OUTLAND applicants need to wait for the AOR, but I haven't checked whether one can now submit at same time with the app for INLAND apps.

(Capitalizing just to emphasize the difference, and also because I never remember what sclpc is)

Spouse or Common Law Partner in Canada

I do agree that it's nearly impossible to know when (and why) IRCC makes changes to things like this.

As of 23 May of this year, it still shows that AOR is needed for Inland applicants, but again it also shows that the applicant must be `in a genuine relationship with your sponsor'.
That has nothing to do with AOR, since it is only IRCC acknowledging that they have received the sponsorship application. Assessing the relationship happens after the sponsor is approved, which leads to AIP...unless that has also changed. LOL!

 

[armoured]

As of 23 May of this year, it still shows that AOR is needed for Inland applicants, but again it also shows that the applicant must be `in a genuine relationship with your sponsor'.
That has nothing to do with AOR, since it is only IRCC acknowledging that they have received the sponsorship application. Assessing the relationship happens after the sponsor is approved, which leads to AIP...unless that has also changed. LOL!

My recollection from before was that OWP could be submitted at same time as applying; it's possible that was removed when they switched to fully electornic submissions.

As for 'genuine relationship': I think this text is there not as an indication that the assessment by IRCC must happen at that early stage. But rather a flag or warning to applicants, you cannot use this as a means to just get a work permit, and it will be treated as misrepresentation. (Likely also they 'reserve the right' to delay the work permit and/or undertake the relationship assessment if they have any doubts).

Why important? Perhaps isn't, but I suspect they'd worry it could be used to get a work permit disconnected from the spousal app (eg apply for spousal, get the work permit, withdraw the spousal, as a means of extending stay). This just being another way of underlining it has to be in context of genuine spousal app.

 

[Ponga]

My recollection from before was that OWP could be submitted at same time as applying; it's possible that was removed when they switched to fully electornic submissions.

I concur. The switch to online only SCPLC applications was in September of 2022. Prior to that the OWP was submitted with the sponsorship application (for those that had legal status).

As for 'genuine relationship': I think this text is there not as an indication that the assessment by IRCC must happen at that early stage. But rather a flag or warning to applicants, you cannot use this as a means to just get a work permit, and it will be treated as misrepresentation. (Likely also they 'reserve the right' to delay the work permit and/or undertake the relationship assessment if they have any doubts).

Why important? Perhaps isn't, but I suspect they'd worry it could be used to get a work permit disconnected from the spousal app (eg apply for spousal, get the work permit, withdraw the spousal, as a means of extending stay). This just being another way of underlining it has to be in context of genuine spousal app.

Makes sense.

 

[armoured]

I concur. The switch to online only SCPLC applications was in September of 2022. Prior to that the OWP was submitted with the sponsorship application (for those that had legal status).

Thanks, you helped clear that up for me.