DO i need to apply for visitor visa at this point?

[Serna1]

HI,

I am currently residing in Canada and my current closed work visa (by LMIA sponsor) is going to be expired this week.
I have submitted PR application 2 weeks ago as a sponsored common-law partner but haven't received AOR (Acknowledgement of Receipt) letter.

I know I can't work as soon as my current work visa expires. but should i apply for visitor visa while waiting for AOR letter to apply open work permit? As my understanding, i can apply for open work permit after i get an AOR letter.

I also know there is maintained status (implied status) so asked many immigration agencies about my situation and they all said I need to apply for a visitor visa anyway. Because the fact that I have applied for permanent resident does not automatically extend my status legally. And they said that maintained status (implied status) is for temporary residence (when a work permit holder is waiting for another work or study or visitor visa).



i’m so confused now and this is my last way to get some help.. If anyone knows anything about this, please let me know.

 

[Ponga]

HI,

I am currently residing in Canada and my current closed work visa (by LMIA sponsor) is going to be expired this week.
I have submitted PR application 2 weeks ago as a sponsored common-law partner but haven't received AOR (Acknowledgement of Receipt) letter.

I know I can't work as soon as my current work visa expires. but should i apply for visitor visa while waiting for AOR letter to apply open work permit? As my understanding, i can apply for open work permit after i get an AOR letter.

I also know there is maintained status (implied status) so asked many immigration agencies about my situation and they all said I need to apply for a visitor visa anyway. Because the fact that I have applied for permanent resident does not automatically extend my status legally. And they said that maintained status (implied status) is for temporary residence (when a work permit holder is waiting for another work or study or visitor visa).



i’m so confused now and this is my last way to get some help.. If anyone knows anything about this, please let me know.

Since you are on a closed WP, you should apply to change your status to a visitor ASAP (before your WP expires), as you are correct; the SCPLC application that you have submitted does NOT extend your legal status.

If you are deemed to be out of status when you receive your AOR, you may not be eligible for the OWP AND...would be out of status until your PR application is fully processed.

 

[Bornlucky]

Hi,

I think that I can help you understand - we'll see if I can actually do that.

What you need to apply for is a Visitor's Record, and not a Visa.

It's good to understand the terms that are used and a Visa - a Temporary Resident Visa (TRV) - is the thing that gets a person on an airplane and avoids them being detained at the border for not having one when seeking entry into Canada. The Visa doesn't give anyone any right to be in Canada. It gets the person to Canada and then the permit details what the person can do inside of Canada while they're here.

You've had a work permit, not a work visa and so what you're supposed to do is seek a Visitor's Record in order to maintain your legal status in Canada.

Technically you are/were a visitor with authorization to engage in employment because of the work permit. You want to apply for the simpler status of visitor because you no longer qualify for the working permit.

Implied status is an accepted condition imposed by the Immigration people to cover the period where an application for any extension is covered because of the department's inability to deal immediately with every single application. In simpler terms, a person applies and their legal status is maintained even as the application for an extension goes undecided past the expiry date of their existing status.

So, hopefully I'm not making matters more confusing but what you'll actually being applied for is a Visitor's Record.

 

[YVR123]

HI,

I am currently residing in Canada and my current closed work visa (by LMIA sponsor) is going to be expired this week.
I have submitted PR application 2 weeks ago as a sponsored common-law partner but haven't received AOR (Acknowledgement of Receipt) letter.

I know I can't work as soon as my current work visa expires. but should i apply for visitor visa while waiting for AOR letter to apply open work permit? As my understanding, i can apply for open work permit after i get an AOR letter.

I also know there is maintained status (implied status) so asked many immigration agencies about my situation and they all said I need to apply for a visitor visa anyway. Because the fact that I have applied for permanent resident does not automatically extend my status legally. And they said that maintained status (implied status) is for temporary residence (when a work permit holder is waiting for another work or study or visitor visa).



i’m so confused now and this is my last way to get some help.. If anyone knows anything about this, please let me know.

As suggested by Ponga, you need to apply to extend your stay as a visitor before your work permit expires. You should make sure that you continue to have legal status during your stay in Canada.

https://www.canada.ca/en/immigratio.../services/visit-canada/extend-stay/apply.html

Until you reach AOR, you cannot apply for OWP. The sponsorship applicaiton will not give you implied/maintainance status. The OWP application would have but too bad for the timing that you couldn't apply for OWP before your close work permit expires.

Good luck with your applicaiton.