Inland Spousal Sponsorship - Need to extend stay as visitor?

[OrangeMapleIsHome]

I am a Canadian citizen wishing to sponsor my spouse who is a US citizen. We will both be in Canada at the time of application. My spouses' working-holiday visa expires on Feb 15/2021, and we are curious as to whether or not we should apply to extend her stay as a visitor prior to applying for permanent residence? This may be a stupid question, but because my spouse also intends to apply for an open work permit while applying for PR, I had to ask; will applying for both cause any complications? If an individual were to not extend their stay as a visitor but apply for PR/OWP prior to the expiration of their work visa, would they be able to stay on implied status after said visa expired?

Thank you in advance for any information you can give, we're trying to make sure we apply for the right things and avoid any unnecessary headaches. Cheers

 

[bian07]

You don't have to apply to extend the stay if you apply for a work permit with the pr application, but it is recommended to do it.

If you don't apply to extend the stay & you get the work permit application back to you after the initial work permit had expired, she would lose implied status and would have to apply for restoration of status and she would get the work permit probably later in the process.

If she applies for the work permit she is allowed to work on implied status until she gets a decision on it (if it gets returned she would have to stop), and extending the stay would not interfere with this, so if she applies for both she could still work too.

Its safer to extend the stay, just explain in the application that you plan to apply for sponsorship +owp , or if you applied already then explain that and even add the fee receipts etc.

 

[OrangeMapleIsHome]

You don't have to apply to extend the stay if you apply for a work permit with the pr application, but it is recommended to do it.

If you don't apply to extend the stay & you get the work permit application back to you after the initial work permit had expired, she would lose implied status and would have to apply for restoration of status and she would get the work permit probably later in the process.

If she applies for the work permit she is allowed to work on implied status until she gets a decision on it (if it gets returned she would have to stop), and extending the stay would not interfere with this, so if she applies for both she could still work too.

Its safer to extend the stay, just explain in the application that you plan to apply for sponsorship +owp , or if you applied already then explain that and even add the fee receipts etc.

Excellent, thank you for your response! This is exactly what we needed to know. In that case we will likely apply to extend stay and include our intentions while applying for sponsorship and owp Thank you again! Cheers

 

[bian07]

Excellent, thank you for your response! This is exactly what we needed to know. In that case we will likely apply to extend stay and include our intentions while applying for sponsorship and owp Thank you again! Cheers

Yeah thats definitely the best way to do it, better be safe than sorry. Good luck