Inland spousal - HOW to maintain legal status for LONG time without OWP?

[annaalpine]

Hey guys,

What happens if one applies for inland spousal PR with OWP for their spouse while spouse is on visitor extension implied status which does not give them implied status from OWP application --- HOW can one maintain any LEGAL status in Canada until any decision on PR is made? How is it possible to NOT being able to leave Canada, as it's an inland application, but same time not being able to have any work permit or visitor status for a long, long time, maybe even a year?

 

[np08]

If someone doesn't apply for the OWP, they can maintain visitor status through visitor extensions. These are usually given for 6 months at a time.

Ultimately, you can complete the PR process while being out of status as well, as the PR application doesn't mandate the applicant be in status in order to get permanent residency.

Status is important for the OWP. You have to be in status when applying in order to get it. But the PR application itself can proceed and complete when applicants are out of status (not just if their status expires during it, but people who were out of status long before they applied).

Senior members can correct me on this, but I believe if you apply for visitor extension before your visitor status expires, you can then go ahead and apply for the OWP as well, before getting the decision on the extension. Not sure if you have to mention your application to extend the visitor status anywhere during the OWP process, as I didn't have to deal with that myself.

 

[annaalpine]

Status is important for the OWP. You have to be in status when applying in order to get it. But the PR application itself can proceed and complete when applicants are out of status (not just if their status expires during it, but people who were out of status long before they applied).

Senior members can correct me on this, but I believe if you apply for visitor extension before your visitor status expires, you can then go ahead and apply for the OWP as well, before getting the decision on the extension. Not sure if you have to mention your application to extend the visitor status anywhere during the OWP process, as I didn't have to deal with that myself.

Thank you so much for your replies, but I'm afraid one cannot be on implied status from OWP application if applied for OWP while already being on implied status from applying for visitor extension. Am I right?

When does implied status from OWP actually "start"? From the moment CIC RECEIVES an application (easily to check if sent via UPS with tracking number) or when they open the package, start processing and you get AOR? I'm afraid my spouse would be given just a month of extension (if any) as she has already been in Canada for 6 months and CIC might not give us an AOR before her status expires again... when and how OWP implied status would apply to her?

 

[np08]

Thank you so much for your replies, but I'm afraid one cannot be on implied status from OWP application if applied for OWP while already being on implied status from applying for visitor extension. Am I right?

When does implied status from OWP actually "start"? From the moment CIC RECEIVES an application (easily to check if sent via UPS with tracking number) or when they open the package, start processing and you get AOR? I'm afraid my spouse would be given just a month of extension (if any) as she has already been in Canada for 6 months and CIC might not give us an AOR before her status expires again... when and how OWP implied status would apply to her?

Visitor extensions are usually given for 6 months at a time, though this can differ in some cases.

OWP implied status works as follows: let's say your visitor status expires on Feb 1, 2019. They need to receive your application by Feb 1, 2019 in order for it to give you implied status past that date. Implied status begins on the day your status expires. In this example, if they receive your application on Jan 20, 2019, implied status will begin on Feb 2, 2019 and onwards.

I'm not 100% sure so wait for senior members to tell you about visitor extension implied status and how that works with OWP.