Spousal OWP pending, but Visitor Record was just refused, should i apply for restoration status now or wait?

[Business_Bread]

Looking for advice from anyone familiar with the spousal OWP public policy and maintained status.

Timeline:

• Closed WP expired: July 16, 2025
• VR applied: July 6, 2025 (before WP expiry)
• Spousal PR filed: January 2026; AOR April 2026
• Spousal OWP filed: May 2026, while on maintained status
• VR refused: August 14, 2026
• OWP is still pending (~2.5–3 months)

The spousal OWP public policy says the applicant must have valid status, maintained status, or be eligible for and have applied for restoration.

The applicant had maintained status when the OWP was submitted, but that maintained status has now ended because the VR was refused.

My question: Does IRCC assess the status requirement for the spousal OWP when the OWP is submitted, or when the OWP is decided?

I'm trying to decide between:

1. Apply for restoration as a visitor now, or
2. Wait another 1–2 months for the OWP decision, and if it is still pending, apply for restoration before the 90-day deadline.

My concern is that if status is assessed at the time of the OWP decision, the OWP could be refused because the applicant no longer has maintained status. On the other hand, if eligibility is assessed when the OWP was submitted, he had maintained status at that time.

Has anyone dealt with this exact situation or knows how IRCC handles it? Would you restore now or wait for the OWP decision?

 

[CanGoldDigger]

Yes, you need to be BOTH eligible for AND have applied for restoration.

 

[Business_Bread]

Thanks, I understand that part. My question is slightly different. The applicant was on maintained status when the SOWP application was submitted in May 2026, so the restoration requirement did not apply at that time.

The VR was only refused afterward, in August 2026, which ended the maintained status arising from the VR application.

My question is whether IRCC assesses the status requirement for this public policy as of the date the SOWP was submitted or whether the applicant must still have valid/maintained status (or have applied for restoration) when the SOWP officer makes the decision.

In other words, does the subsequent loss of maintained status affect an SOWP application that was already properly submitted while the applicant had maintained status? That's the part I am trying to clarify.

 

[CanGoldDigger]

Yes. You are still on maintained status until the decision is made on the OWP application.

 

[canuck78]

Thanks, I understand that part. My question is slightly different. The applicant was on maintained status when the SOWP application was submitted in May 2026, so the restoration requirement did not apply at that time.

The VR was only refused afterward, in August 2026, which ended the maintained status arising from the VR application.

My question is whether IRCC assesses the status requirement for this public policy as of the date the SOWP was submitted or whether the applicant must still have valid/maintained status (or have applied for restoration) when the SOWP officer makes the decision.

In other words, does the subsequent loss of maintained status affect an SOWP application that was already properly submitted while the applicant had maintained status? That's the part I am trying to clarify.

You need to apply to restore status or your spouse will only qualify for an SOWP after AIP. Also in general a good idea to try to remain in Canada legally.