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Status in Canada after visitor expires but Work permit processing

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Josephmyatt1996

Star Member
Jun 11, 2023
52
5
Hey guys!
My six month visitor visa is due to expire in a few days. But I applied for an open work permit in February that is still processing. Must I leave Canada once my visitor visa expires? Or because I have an application processing do I have maintained status while I await the decision?
 
YVR123

YVR123

VIP Member
Jul 27, 2017
7,162
2,761
Josephmyatt1996 said:
Hey guys!
My six month visitor visa is due to expire in a few days. But I applied for an open work permit in February that is still processing. Must I leave Canada once my visitor visa expires? Or because I have an application processing do I have maintained status while I await the decision?
Click to expand...
Since you applied for OWP after you got AOR of your spousal sponsorship, you have implied/maintenance status as a visitor until:
1) your OWP is approved and you have temp worker status
2) you get eCOPR and you become a PR of Canada.

You do not need to leave Canada.
 
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D

dimebag77

Full Member
Aug 13, 2024
28
2
YVR123 said:
Since you applied for OWP after you got AOR of your spousal sponsorship, you have implied/maintenance status as a visitor until:
1) your OWP is approved and you have temp worker status
2) you get eCOPR and you become a PR of Canada.

You do not need to leave Canada.
Click to expand...
Is it also applicable to my case? I am currently holding a visitor visa that is valid until 2029. However, I have been in Canada for more than six months since August 12, 2024, due to the delay in the decision on my application. IRCC received my application on March 07, 2024
 
Copingwithlife

Copingwithlife

VIP Member
Jul 29, 2018
4,316
2,149
Earth
dimebag77 said:
Is it also applicable to my case? I am currently holding a visitor visa that is valid until 2029. However, I have been in Canada for more than six months since August 12, 2024, due to the delay in the decision on my application. IRCC received my application on March 07, 2024
Click to expand...
You keep mentioning that your visitors visa is valid till 2029, that’s irrelevant
 
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C

Charlamanderxxxx

Star Member
Jun 27, 2024
171
75
dimebag77 said:
Is it also applicable to my case? I am currently holding a visitor visa that is valid until 2029. However, I have been in Canada for more than six months since August 12, 2024, due to the delay in the decision on my application. IRCC received my application on March 07, 2024
Click to expand...
Did you apply for OWP? If not, you are staying beyond 6 months (which you were supposed to do a visitor record when it was closer to 6 months) and you might need to do this https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html
 
D

dimebag77

Full Member
Aug 13, 2024
28
2
Charlamanderxxxx said:
Did you apply for OWP? If not, you are staying beyond 6 months (which you were supposed to do a visitor record when it was closer to 6 months) and you might need to do this https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html
Click to expand...
I applied for a Closed Work Permit, and my consultant told me that I am automatically in maintained status since I submitted my application on March 7, 2024. Is this information correct?
 
N

Naturgrl

VIP Member
Apr 5, 2020
43,517
9,148
dimebag77 said:
I applied for a Closed Work Permit, and my consultant told me that I am automatically in maintained status since I submitted my application on March 7, 2024. Is this information correct?
Click to expand...
No. Applying for a permit doesn’t give you maintained status. You are a visitor so need to maintain status as a visitor until WP is approved. When did you enter Canada?
 
D

dimebag77

Full Member
Aug 13, 2024
28
2
YVR123

YVR123

VIP Member
Jul 27, 2017
7,162
2,761
dimebag77 said:
Is it also applicable to my case? I am currently holding a visitor visa that is valid until 2029. However, I have been in Canada for more than six months since August 12, 2024, due to the delay in the decision on my application. IRCC received my application on March 07, 2024
Click to expand...
I have no idea of your status. You hijacked a discussion in the "Family Class Sponsorship" section.

Are you being sponsored by your spouse/common law partner to become a PR? Most of the members assumed that you are being sponsored by your spouse and under that class of application, spouses are eligible for open work permit. And the implied and maintenance status for those PA while awaiting for PR applications to be approved, they can apply for an open work permit.

So those PAs have maintenance status after applying for OWP. NO IDEA since you are applying for some closed work permit that I have no idea if you are eligible for the closed work permit that you applied at all.

My reply that you quoted was for Josephmyatt1996 whom applied to be sponsored by his/her spouse.
 
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