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Staying past visa while applying residence

TanyaA

Newbie
Aug 23, 2017
5
0
Are you allowed to stay in Canada past your visa while you're waiting to see if you get approved for residence? As in your application is already sent
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Depends - more details needed. How did you apply for PR? Through spousal sponsorship - or something else? If spousal sponsorship, inland or outland? If inland, did you include an OWP with the application?
 

TanyaA

Newbie
Aug 23, 2017
5
0
Applied for my husband, im outland right now so im doing it through an immigration lawyer in canada
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
In that case no, the PR application doesn't allow your husband to remain in Canada. Your husband needs to continue extending his visit status until the PR application is approved to remain in Canada legally.

Only an inland application submitted with an open work permit while both you and your husband are in Canada would allow him to remain in Canada legally.
 
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Aly199

Newbie
Aug 23, 2017
4
0
This question pertains to me as well. My wife and I have been married for years. She has been granted 2 temporary visas/passes to visit. We'd like her to apply from within Canada. In order to do that, what would be the best legal status to apply for? Open work permit? Nothing? I'm worried if she somehow loses her legal status in Canada, they could use that to not approve her application.
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
This question pertains to me as well. My wife and I have been married for years. She has been granted 2 temporary visas/passes to visit. We'd like her to apply from within Canada. In order to do that, what would be the best legal status to apply for? Open work permit? Nothing? I'm worried if she somehow loses her legal status in Canada, they could use that to not approve her application.
Your question is a bit confusing.

She needs to apply for a TRV (visitor visa) if her old one is no longer valid in order to come to Canada. Once she arrives in Canada, you would apply to sponsor her inland and include an open work permit with the inland application. The work permit cannot be sent separately/earlier - it has to be submitted together with the inland sponsorship application. Additionally, the inland application and OWP needs to be received by CIC before her allowed visit to Canada ends - this will give her implied status and allow her to remain in Canada while the application is being processed.