Visitor Extension / Spousal Sponsorship / Study Permit

[ajaxdude]

Hello - i hope someone or a few experienced folks can provide insight on the following:

1) My wife and I got married May 31 2016
2) Her visitor visa expired on June 22 2016 but we sent paper extension application to Vergeville before end of May
3) Visitor extension was received but as of July 26, we still cannot check it on-line
4) We mailed spousal sponsorship application last week and was received at Mississauga office.
5) Included in that sponsorship is a dependant who is 18 years old. He got accepted by an adult Catholic Secondary School here in Ontario to finish Grade 12.
6) We showed the school the receipt of payment of sponsorship, they already considered him as resident pending result. So no tuition fee.
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Questions:
1) If the visitor extension gets rejected, do we have to appeal it as we already submitted the spousal sponsorship yet she is in implied status for her visitor extension?
2) If the visitor extension gets approved with validity until Dec 23, 2016, do we still have to apply for another extension pending result of the spousal sponsorship
3) Does my 18 year old dependent need a student permit to finish Grade 12. The school did not ask for one

Thank you.

 

[canuck_in_uk]

Questions:
1) If the visitor extension gets rejected, do we have to appeal it as we already submitted the spousal sponsorship yet she is in implied status for her visitor extension?
2) If the visitor extension gets approved with validity until Dec 23, 2016, do we still have to apply for another extension pending result of the spousal sponsorship
3) Does my 18 year old dependent need a student permit to finish Grade 12. The school did not ask for one

Hi

You said that your spouse applied to extend her status. What about her son's status?

1. You can't appeal. She could apply for Restoration of Status as a visitor.

2. If the PR app isn't processed by that time, then yes, she will need to apply extend her status again.

3. No, he doesn't need a study permit.

 

[ajaxdude]

Hi canuck_in_uk,

Thanks for the information. A couple more questions

When you said PR app isn't processed, do you mean if we have not received AOR (is that the letter that CIC received our application for spousal/dependant sponsorship)? So once we receive a letter from CIC that the application is being processed, we do not have to re-apply for extension of temporary visitor's visa.

Do you have the CIC link that my 18 year old dependent does not need a study permit if he is to study Grade 12 which is 1 year to complete.

Regards.

 

[profiler]

Hi canuck_in_uk,

Thanks for the information. A couple more questions

When you said PR app isn't processed, do you mean if we have not received AOR (is that the letter that CIC received our application for spousal/dependant sponsorship)? So once we receive a letter from CIC that the application is being processed, we do not have to re-apply for extension of temporary visitor's visa.

Do you have the CIC link that my 18 year old dependent does not need a study permit if he is to study Grade 12 which is 1 year to complete.

Regards.

Hi, only a TRV (work, study, etc) gives the right to remain. PR gives that right upon successful completion of the process. Otherwise the PR is just a side process.

 

[canuck_in_uk]

When you said PR app isn't processed, do you mean if we have not received AOR (is that the letter that CIC received our application for spousal/dependant sponsorship)? So once we receive a letter from CIC that the application is being processed, we do not have to re-apply for extension of temporary visitor's visa.

Do you have the CIC link that my 18 year old dependent does not need a study permit if he is to study Grade 12 which is 1 year to complete.

AOR does NOT grant status or allow her to stay in Canada. She needs to separately maintain her visitor status until she actually lands as a PR.

As for the study permit, well, technically, he should have one. However, if the school is happy for him to attend without one, I wouldn't worry about it. It's fairly common for schools to enroll such kids as a normal domestic student without a study permit since they have a Canadian parent (even though it is a step-parent) and will soon be a PR anyways. If you guys aren't comfortable with doing it, then you can apply for a study permit for him.