Either directly or indirectly, there are penalties for being out of status. Waiting forever for AIP before they will approve an open work permit for an applicant on spousal sponsorship route is enough penalty. You don’t want to experience being out of work, or not being able to work for almost a year waiting for Approvel in principle before they will approve your open work permit.
And the longer the decision made or the approval in principle tarries, the longer the penalty.
Only those who have experienced it can tell you the pain, and how much a penalty is that.
Secondly, if being out of status for a very long time , dealing with CBSA is not an adventure for free diamonds.
Some of the the route entitle the applicant to stay, if transitions are managed squarely. But sometimes a lot of people were ignorant, or didn’t get a hoot of a forum like this on time, where they can have up to date info, and who cannot afford to pay the exorbitant prices charged by consultants, succeed missing their status honourably with a view to rectifying it when the need arises.
Nobody wants to celebrate being out of status, nor is expecting a medal from same, either ignorantly or intentionally.
But when it happens, it happens, and you are either left to sink all your investment in the process, or swim with it. It would be unfair to say that an applicant is not entitled to stay with his family because he is out of status based on a perceived, or an irregular ignorance of a how a system works.