Application returned - Now out of status

[Drax88]

Hello,

My spouse and I submitted our application for sponsorship several weeks ago. When the application was sent she was still in status, but since then her visitor visa has expired. We submitted an application for an OWP in the application package so that she would remain in status. We also applied for an extension for her visitors record before it expired.

Unfortunately, the application was returned to us yesterday due to a small error on our part. Now were worried since we can not apply for an OWP while out of status and she is technically here illegally now. She still has a pending application for an extension, but the wait time indicate that it will not be treated for at least another 60-70 days. What is our best course of action now? Should w resubmit the sponsorship application right away, with the assumption that we have implied status with her visitor record extension? Or should we wait and see if/when her extension is approved and then resubmit the application for sponsorship.

Any insight would be greatly appreciated.

 

[k.h.p.]

The application for an extension should give her implied status if she filed it before she submitted the OWP application and before her visa expired.

 

[zardoz]

The application for an extension should give her implied status if she filed it before she submitted the OWP application and before her visa expired.

Agreed. If the whole application package was returned as "incomplete", the OWP application will be treated as if no application was made, leaving the visitor visa application pending, providing "implied status".

Therefore, as you are still technically "in status" it's presumably quite valid to correct the error and resubmit. The only question would be when the OWP might be granted.

 

[k.h.p.]

I believe that this is only the case if the extension was submitted before initial status expired.

 

[Shadowblight]

I am in a similar situation. An immigration lawyer advised me that so long as the original means your spouse came to Canada is actually renewable, you can have implied status. Note the term "implied status" refers only to working. Her actual status of being a visitor in the meanwhile is separate. If you have a permanent residency application that was rejected for being incomplete, you would include the extension request together for the visitor/work permit as though you had not submitted it just to be safe (including the fees), but also indicate a record of what you already submitted (IE the record/tracking #) and indicate the situation that you hadn't received the response yet, but that whichever is received first can be processed and to please reimburse for whichever one was unable to be processed.

 

[canuck_in_uk]

I am in a similar situation. An immigration lawyer advised me that so long as the original means your spouse came to Canada is actually renewable, you can have implied status. Note the term "implied status" refers only to working. Her actual status of being a visitor in the meanwhile is separate. If you have a permanent residency application that was rejected for being incomplete, you would include the extension request together for the visitor/work permit as though you had not submitted it just to be safe (including the fees), but also indicate a record of what you already submitted (IE the record/tracking #) and indicate the situation that you hadn't received the response yet, but that whichever is received first can be processed and to please reimburse for whichever one was unable to be processed.

The original status does not need to be renewable, as a person can apply for a completely different type of status. An example is an IEC permit; is not renewable but a person can apply for a different type of work permit, a study permit or visitor status and will still get Implied Status.

Implied Status does not only refer to working. The basic concept of Implied Status is that it grants permission to remain in Canada while waiting for a temporary resident app to be processed. The ability to work or study while on Implied Status depends on different factors.

OP does not need to include a visitor extension request with their re-submitted PR app, as they already have an extension in process.