Will ongoing PR application be affected by my wife's no status in Canada?

[sayamz]

My wife came to Canada through the visitor visa. After she arrived, we put in an in-land application for a Work Permit for her, since I (husband) have a PGWP which would expire in December and I am employed. However, we only included my work permit, without adding a letter from my employer detailing my job position, duties, category in the NOC, salary, and also not attaching my paystub as well. As a result, her work permit application was refused. In addition to this refusal, her status as a visitor in Canada got expired that day (as a result of the outcome, i should think). We were then told that we have at most 90 days to apply for her status to be restored. Meanwhile, we have an application for PR that's currently being processed and no outcome yet. Now we face the following questions:

1. Do we need to apply for the restoration immediately, or anytime within the 90 day restoration period is alright?

2. Will this outcome (her application being refused, and subsequently, her status in Canada expired - she has no status currently in Canada) affect our ongoing PR application? That's, will processing the PR be halted until her status in Canada is restored, before it continues? If no, does the refusal to give her the work permit mean our PR application would also be refused? Are these two mutually exclusive? Note: I am the principal applicant through the PNP.

3. Her visitor visa stamp on her passport is up to November 2017. If we are unable to apply for her status to be restored, and she goes back to our country, will she be able to come back to Canada since her visa is up to 2017, OR the expiry date stated in the work permit application outcome overrides the one on the passport?

 

[scylla]

1. Anytime within the 90 days. The application must reach CIC before the 90 days passes.
2. No impact. Mutually exclusive.
3. She can certainly try to re-enter Canada. Whether she is allowed into Canada and for how long is up to the CBSA officer she encounters at the border.

 

[sayamz]

In the event that she chooses to leave Canada without restoration, how long (minimum) is it required for her to outside Canada, before she would try re-entry? E.g, is crossing the borders and reentering good enough?

 

[scylla]

In the event that she chooses to leave Canada without restoration, how long (minimum) is it required for her to outside Canada, before she would try re-entry? E.g, is crossing the borders and reentering good enough?

There are no specific rules with regards to this. She can try re-entering immediately. But again, whether she is allowed back into Canada or not is entirely up to the CBSA officer she encounters at the border.

Simply crossing the border into the US and re-entering immediately carries a high risk of refusal/problems. She should apply to restore her status to visitor from within Canada rather than trying a border run like this.

 

[sayamz]

Perfect, thanks so much for your answers. We would put in an application for the restoration.