Waiting in Canada for PR application without valid status

[jordantoyohashi]

Hello Everyone

I've spent all morning wading through the seas of information regarding this topic, but have come out more confused than before I went in.

My fiancee has already applied for PR through family class sponsorship (from me, being her common-law partner). Can she stay in Canada without valid status until she receives her PR status (should everything go smoothly)?

In other words, does she have to apply to extend her visitor visa?

She has already applied for a work permit, but it seems as though her current visitor visa will expire before the work permit is issued (again, assuming that the work permit will be issued without incident). It is also worth mentioning that she is from Japan and therefore received a visa on entry.

Thank you for your help.

 

[scylla]

Did you apply inland or outland?

 

[Ponga]

If she applied Inland and included the OWP in the same envelope, she will have Implied Status until the OWP arrives.

However, if the application is returned, because of an error on your/her part (outdated form(s), missing form(s),missing signature(s), etc.), OR if the OWP is returned because you didn't pay the full amount of $255, the Implied Status would be in jeopardy. She would need to fix the errors and re-submit before her current visitor status expires to maintain the Implied Status.

If she applied Outland...ignore everything above.

 

[leazua]

Hello Everyone

I've spent all morning wading through the seas of information regarding this topic, but have come out more confused than before I went in.

My fiancee has already applied for PR through family class sponsorship (from me, being her common-law partner). Can she stay in Canada without valid status until she receives her PR status (should everything go smoothly)?

In other words, does she have to apply to extend her visitor visa?

She has already applied for a work permit, but it seems as though her current visitor visa will expire before the work permit is issued (again, assuming that the work permit will be issued without incident). It is also worth mentioning that she is from Japan and therefore received a visa on entry.

Thank you for your help.

Hey jordantoyohashi,

Your fiance will not have to apply visitor visa extension if she has already applied for Working Visa before the 30 day expire date. It is call Implied status and she can stay as visitor untill the CIC gives her a verdict about the working visa. She should also apply for Working visa if she intends to stay in Canada while waiting for PR (it will be stressful long waits, so better to have things to do). If there's a reason you think it would be refuse, extending the visitor visa wouldn't hurt, just a small fee and email but I believe extension is only 6months.

I am assuming you are applying PR through INLAND?

My wife is Japanese as well, been your situation before. Let me know if you have any questions, be happy to help.

 

[jordantoyohashi]

Thanks for all of your help.

We did apply inland. But, we didn't send the OWP application with our PR application, we sent it several months later.

It seems that as long as we have applied for the OWP at least 30 days before the expiration of her visitor visa we should be fine. Is this correct?

 

[Ponga]

Yes, but if it's getting close to her expiry date, you might consider applying for an extension as well.

It's redundant for some people, but for those that have had their OWP returned (even for reasons that defy logic...meaning it was CIC's mistake), the extension proves to be a life saver.