Do I need to extend my visit status?

[aardvark2]

Hi all,

I really need help..

I have submitted my application for PR under Spouse sponsorship and together with that, also an open work permit.
The Immigration call centre people told me that i do not need to apply for extension of my stay as visitor due to the fact that the open work permit is already enough to extend my stay.
Now that my visitors status has expired. An immigration consultant has told me that I need to renew my visitors permit.
What should I do? My visitors pass has already been expired almost 2 months now. should i really renew it? or i dont need to?

Additional info: My Visitor permit expires on 23rd January, I submitted my application for PR and OWP 22nd January and they received it on 24th January.
As for the Immigration call centre agent, as long as i "sent" the documents before my status expires, it is ok.

Please advise...

Thanks.

 

[jenny12345]

Ideally CIC Vegreville should've received it before your visitor status expired.

You cannot extend your visitors status now.

You could have had implied status if they received it before your visitor status expired since you sent an open work permit application with your inland sponsorship application.

Right now all you can do is wait for approval in principle(AIP) and open work permit approval. It is advised you don't leave the country till permanent residence is acquired. Good luck!

 

[aardvark2]

thanks jenny.. Im pretty sure they received it after my status has expired. i asked the immigration call centre agent and they told me that as long as i have "sent" my application before my status expires. so i was wondering on the term "sent".

 

[jenny12345]

You have implied status then, no need to extend your visitors visa. You will receive your AOR (acknowledgement of receipt) soon.

 

[jenny12345]

For your peace of mind here's an email from CIC

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:


Open Work Permit – Sponsorship of a Spouse or Common-Law Partner in Canada

If a spouse or common-law partner is sponsored from inside Canada, they can apply for an open work permit by completing an Application to Change Conditions or Extend Your Stay in Canada as a Worker (IMM 5553). This application must be sent before their status expires in the same envelope as the sponsorship application. This will allow them to keep a legal status in Canada up until the time their application for permanent residence is *approved in principle.

If their status expires before the application for permanent residence is approved in principle, they will still have a legal status in Canada. This is called implied status. Please note that the open work permit will only be issued once the application for permanent residence is approved in principle. Visit our Web site to see how long it may take to get approval in principle.

If the sponsored person did not send an open work permit application with their permanent residence application, they can send it, by mail, at any time while it is in process by writing Open Work Permit - Application for permanent residence in Canada - Spouse or common-law partner on the top of the form. They should also include proof that the permanent residence application was submitted. The open work permit application cannot be submitted online.

Please note that they must keep a legal status in Canada during the entire process of their application for permanent residence.

*Approved in principle means that the person being sponsored received a letter from the Case Processing Centre or local office stating that they meet the eligibility (minimum) requirements to apply for permanent resident status but that a final decision will not be made until all requirements for becoming a permanent resident have been met. These requirements include medical, security and background checks for the applicant and, if applicable, their family members.

 

[aardvark2]

hi jenny. thanks.. they have sent my spouse the acknowledgement of receipt for spouse sponsorship. but no news on the OWP,
and the line that says, Please note that they must keep a legal status in Canada during the entire process of their application for permanent residence. is what scares me, esp with my timeline being so close.

so im on implied status right now because my status has expired when they received it?
i wish i had sent my application a day earlier!

 

[jenny12345]

Technically you are on implied status (meaning you have legal status) if they received your application with open work permit before your visit visa status expired. However in your case its only a day late so I wouldn't worry about it. Right now you just wait 6 months for your approval in principle and open work permit approval. Do NOT go out of the country and do not work under the table and don't do any crimes and you should be fine

 

[aardvark2]

i am kind of worried. although the cic website says the TWP should be sent before status expires, i dont know what to do. should i just restore my visit visa to make sure?

 

[jg84]

i am kind of worried. although the cic website says the TWP should be sent before status expires, i dont know what to do. should i just restore my visit visa to make sure?

No listen to what people are saying, your status is fine as it is. You do not need to apply for a visitor permit.

If it reassures you even more, even if you didn't have a status all the way through the spousal sponsorship process, the law says that not having status shouldn't stop you getting Permanent Residence. Of course you should try and keep a status in Canada for the full process but not having a status still wouldn't stop you getting PR. (The one day would fall under this law anyway and you sent it before it expired.)

You don't even have to rely on that law though as you sent it before your status expired, you have implied status.

Did your immigration consultant ask you about getting the visitor permit because of the one day?

Or just in general the immigration believes you need one?

Whichever ignore them and if the rest of the advice is so bad, I don't know why you are using them!

 

[jg84]

i am kind of worried. although the cic website says the TWP should be sent before status expires, i dont know what to do. should i just restore my visit visa to make sure?

Official information is here:

If you wish to extend your status date, you should (it doesn't say you have to) apply 30 days before your status expires in order to do any of the following:

• Extend your visitor, student or work status.
• Change the type of permit you hold (for example, from a student to a work permit).
• change a condition of your permit (for example, if you are studying and you want to change schools, or if you are working and your want to change jobs).

Implied status

If your visitor visa expires after you have submitted your application for an extension of your authorization to remain in Canada, you will be considered in status as a temporary resident (visitor) until a decision is made on the application. This is known as implied status.

 

[simm_1]

All the information confuses me. Maybe someone can write a clear answer. I sponsor my spouse for PR+OWP with Family class in Canada. 3 months later (after app was sent) my spouse received a letter from CPC Vegreville saying that the application to remain in Canada as a temporary resident has been approved and that they sent Permit WP-EXT by mail. I think this is work permit. However, confusion is, if my spouse arrived under visitor status, do we need to apply for visitor status extension? We applied for visitor status extension the day before we received approved work permit letter from CPC Vegreville. Do we or we do not have to extend visitor status until PR app process will be completed?

 

[PMM]

Hi

All the information confuses me. Maybe someone can write a clear answer. I sponsor my spouse for PR+OWP with Family class in Canada. 3 months later (after app was sent) my spouse received a letter from CPC Vegreville saying that the application to remain in Canada as a temporary resident has been approved and that they sent Permit WP-EXT by mail. I think this is work permit. However, confusion is, if my spouse arrived under visitor status, do we need to apply for visitor status extension? We applied for visitor status extension the day before we received approved work permit letter from CPC Vegreville. Do we or we do not have to extend visitor status until PR app process will be completed?

1. No, the work permit gives the status. No need to apply for visitor extension.

 

[NelaBari]

I have a similar question as some of the ones above. I am sponsoring my spouse and when we sent in his application for permanent residence we also sent in a an application to extend stay and receive work permit. However, we have not heard anything back from immigration because of the corona pandemic. His temporary visitor visa which i have already extended once for another 6 months expires June 4, 2020 and I am a bit panicked because everyone is telling me I need to apply to extend his visitor visa in order to keep a legal status for him. So I have completed an application but have not sent it yet and I have made the payment for both extension of stay and biometrics (I also paid for biometrics when I applied for his first visa extension and was never called to give biometrics so money wasted... and also when I put through the spousal sponsorship apllication and work permit had to pay biometrics again). I wish I saw this post before I did all of this cuz I am thinking I just waisted another 185$ on top of application for work permit and permanent residence papers. Please help me!! I'll appreciate any advice at this point. I have read all of the guides and am so frustrated with how unclear expectation are. A lot of assumptions are made by immigration when they create these forms/guides. They expect the general public to know what to do! Why is it so difficult to contact them for clarifications... Sorry for such a long post!! Hope someone can clarify! Thank you!!

 

[Jemma90]

Hoping to bump this post. Me and my wife are in a similar if not the exact same situation. If anyone has any input on this it would be greatly appreciated!