Hi there, I just got married and we are confused about my husband's status. His working holiday visa will expired in April and we will apply for an open work permit at the end of this month. We will also apply for his permanent residency ...my question is about his status after his working holiday visa expires, is his status illegal after his work visa expires? does he need to apply for another visa while he awaits for his open work permit? thank you in advance!
Inland Spousal visa/ open work permit
- Thread starter Steff1982
- Start date
He will need to change his status to a visitor before the IEC expires. What is your status? He doesn’t just qualify to apply for an OWP. What program is he planning on applying for?
Clearly missed that you were sponsoring him. Still should change his status to visitor before IEC ends.
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Hi! if you are going to apply for spousal application with open work permit before his status expires he will still be legal to live in Canada until the decision has been made on his file under public policy A25(1) you can read more about this on cic website........
3. Policy
CIC is committed to family reunification and facilitating processing in cases of genuine spouses and common-law partners already living together in Canada. CIC is also committed to preventing the hardship resulting from the separation of spouses and common-law partners together in Canada, where possible.
This means that spouses or common-law partners in Canada, regardless of their immigration status, are now able to apply for permanent residence from within Canada in accordance with the same criteria as members of the Spouse or Common-law Partner in Canada class. This facilitative policy applies only to relationships in which undertakings of support have been submitted.
Undertakings are a requirement under this public policy largely because undertakings can be an indication of the applicant’s links with relatives in Canada, which is, in turn, a factor that adds to the degree of hardship involved in the separation of spouses and common-law partners. Undertakings are also a requirement in the Spouse or Common-law Partner in Canada class.
A25 is being used to facilitate the processing of all genuine out-of-status spouses or common-law partners in the Spouse or Common-law Partner in Canada class where an undertaking has been submitted. Pending H&C spousal applications with undertakings will also be processed through this classFootnote 1. The effect of the policy is to exempt applicants from the requirement under R124(b) to be in status and the requirements under A21(1) and R72(1)(e)(i) to not be inadmissible due to a lack of status; however, all other requirements of the class apply and applicants will be processed based on guidelines in IP2 and IP8.
Lack of status
For the purposes of the current public policy only, persons with a “lack of status” refers to those in the following situations:
3. Policy
CIC is committed to family reunification and facilitating processing in cases of genuine spouses and common-law partners already living together in Canada. CIC is also committed to preventing the hardship resulting from the separation of spouses and common-law partners together in Canada, where possible.
This means that spouses or common-law partners in Canada, regardless of their immigration status, are now able to apply for permanent residence from within Canada in accordance with the same criteria as members of the Spouse or Common-law Partner in Canada class. This facilitative policy applies only to relationships in which undertakings of support have been submitted.
Undertakings are a requirement under this public policy largely because undertakings can be an indication of the applicant’s links with relatives in Canada, which is, in turn, a factor that adds to the degree of hardship involved in the separation of spouses and common-law partners. Undertakings are also a requirement in the Spouse or Common-law Partner in Canada class.
A25 is being used to facilitate the processing of all genuine out-of-status spouses or common-law partners in the Spouse or Common-law Partner in Canada class where an undertaking has been submitted. Pending H&C spousal applications with undertakings will also be processed through this classFootnote 1. The effect of the policy is to exempt applicants from the requirement under R124(b) to be in status and the requirements under A21(1) and R72(1)(e)(i) to not be inadmissible due to a lack of status; however, all other requirements of the class apply and applicants will be processed based on guidelines in IP2 and IP8.
Lack of status
For the purposes of the current public policy only, persons with a “lack of status” refers to those in the following situations:
- persons who have overstayed a visa, visitor record, work permit or student permit;
- persons who have worked or studied without being authorized to do so under the Act;
- persons who have entered Canada without the required visa or other document required under the regulations;
- persons who have entered Canada without a valid passport or travel document (provided valid documents are acquired by the time CIC seeks to grant permanent residence).
Assuming you are applying inland, if he submits the PR/OWP app before IEC expiry, he will have Implied Status after expiry while waiting on the OWP. However, if the PR and/or OWP app is returned after IEC expiry, he would be out of status. This is why it is advised to also apply for a visitor extension just before the current permit expires.
No. PR and OWP app together. The visitor extension is a separate app. You can wait until a few days before his current permit expires before applying for the visitor extension.