Maintaining legal status with spousal sponsored PR application and Open Work Permit

[heyhowareyou]

I intend to apply for spousal sponsored PR and later for an Open Work Permit. In this article, it says that:

"Remember that while your spouse or partner’s permanent residence application is being processed, they must maintain legal status as a visitor, student or worker in Canada".​

I intend to apply for spousal sponsored PR in September/October and then later apply for an open work permit (around December) in order to have it ready by May/June next year in the worst case. However, my multiple entry visitor visa expires in late April next year, meaning I would lose the legal status as a visitor.

My questions are:

1. If they approve my open work permit before my visitor visa expires, would I technically satisfy the above-mentioned condition because now I will have worker status?
2. What happens if they reject my open work permit or they don't process it on time and I do not have time to apply for another visitor visa? would my whole PR application be invalid?
3. Can anyone with similar experience or knowledge share their advice about how to best approach the situation? Note that I am avoiding having to apply for a new visitor visa unless absolutely necessary and I also really want to take advantage of the OWP.

Thank you in advance!

 

[primaprime]

1. Yes, although you will need to maintain your TRV if needed.
2. You can apply to restore your status with a visitor record or leave Canada within 90 days without impacting your PR application.

 

[heyhowareyou]

1. Yes, although you will need to maintain your TRV if needed.
2. You can apply to restore your status with a visitor record or leave Canada within 90 days without impacting your PR application.

Thanks!
Some follow-ups:
1. I actually won't necessarily be in Canada at the time. My understanding from the link above was that I need to have a valid visitor or worker visa regardless of whether I am in Canada or not. If I am out of Canada and do not need to re-enter until the work permit is available, does it mean that I do not need to "maintain legal status" and it is okay if my visitor visa is expired and I do not have a way to enter the country?
2. If I understand well, the visitor record is extending my stay as a visitor, but I would not be able to re-enter if I go out since in general my visitor visa will be expired. Is there a way for me to renew the visitor visa, so that I can enter multiple times, as opposed to extending my stay if I am already in? I couldn't find this info anywhere, googling just gives me the visitor record thing.

 

[primaprime]

1. Yeah, if you're not in Canada then you don't need to maintain status there.
2. You can apply for a new TRV.

 

[canuck78]

Thanks!
Some follow-ups:
1. I actually won't necessarily be in Canada at the time. My understanding from the link above was that I need to have a valid visitor or worker visa regardless of whether I am in Canada or not. If I am out of Canada and do not need to re-enter until the work permit is available, does it mean that I do not need to "maintain legal status" and it is okay if my visitor visa is expired and I do not have a way to enter the country?
2. If I understand well, the visitor record is extending my stay as a visitor, but I would not be able to re-enter if I go out since in general my visitor visa will be expired. Is there a way for me to renew the visitor visa, so that I can enter multiple times, as opposed to extending my stay if I am already in? I couldn't find this info anywhere, googling just gives me the visitor record thing.

If you are applying for outland sponsorship and not living in Canada during sponsorship you don’t qualify for OWP. You can only apply for OWP with inland application and you have to be living in Canada permanently to apply. A short vacation of 2-3 weeks seems to be acceptable.

 

[Eveslm]

I intend to apply for spousal sponsored PR and later for an Open Work Permit. In this article, it says that:

"Remember that while your spouse or partner’s permanent residence application is being processed, they must maintain legal status as a visitor, student or worker in Canada".​

I intend to apply for spousal sponsored PR in September/October and then later apply for an open work permit (around December) in order to have it ready by May/June next year in the worst case. However, my multiple entry visitor visa expires in late April next year, meaning I would lose the legal status as a visitor.

My questions are:

1. If they approve my open work permit before my visitor visa expires, would I technically satisfy the above-mentioned condition because now I will have worker status?
2. What happens if they reject my open work permit or they don't process it on time and I do not have time to apply for another visitor visa? would my whole PR application be invalid?
3. Can anyone with similar experience or knowledge share their advice about how to best approach the situation? Note that I am avoiding having to apply for a new visitor visa unless absolutely necessary and I also really want to take advantage of the OWP.

Thank you in advance!

1. If you intend to apply for the open work permit, you need to be in Canada and apply inland (in-canada class). You do not need a valid visa (TRV) to remain in Canada, but you need valid status. You only need a valid TRV to enter Canada. If the OWP application is approved, it will give you valid status, you will still need a valid TRV to re-enter Canada if you intend to leave at any point during the process of your PR. However, with inland PR, it is advised is required that you stay in Canada, and only leave on short trips (vacation or emergencies)

2. If they reject your OWP, you loose implied status, and will have to apply to restore your status as visitor in Canada. Your PR application will still be processed, if you leave Canada however, for a long period of time it might be determined that you have abandoned your application and hence it will be canceled

You can only qualify to apply for the OWP if your PR application is in-Canada class (inland) and not family class (outland). If you intend to stay outside Canada, then you should consider outland, you won't qualify for the OWP, and will need to apply for a TRV to be able to re-enter Canada

 

[heyhowareyou]

Thanks to everyone who replied, it was really helpful.
I realized I've been very confused about a lot of the terms used (i.e. the website doesn't mention the words "inland", "outland" anywhere and I didn't know OPW is only for inland), but now I think I understand now.
I will have to apply outland because I might need to be elsewhere during the duration of the application i.e. I cannot commit to being physically present in Canada.
With regard to the OPW, I guess I will have to forget it and look into other options for work (might make a separate post for that).
thanks again

 

[prigupta]

Hello,

I hope someone can help me here.. I am a CEC Express entry applicant our file is in process with outland dependant from Aug 2020. My husband applied for a spousal open work permit he got his work permit approved today. He works in US and has a canadian visitors visa TRV already.

Can he enter Canada with his
- passport,
- the approval letter of work permit
- our marriage certificate
- visitors visa which he already has?

or we need to apply for a new TRV for him? Please if anyone can help here would be great!
I tried calling CIC but they didn't say anything just we don't know and borders are closed

 

[cad0420]

Hello,

I hope someone can help me here.. I am a CEC Express entry applicant our file is in process with outland dependant from Aug 2020. My husband applied for a spousal open work permit he got his work permit approved today. He works in US and has a canadian visitors visa TRV already.

Can he enter Canada with his
- passport,
- the approval letter of work permit
- our marriage certificate
- visitors visa which he already has?

or we need to apply for a new TRV for him? Please if anyone can help here would be great!
I tried calling CIC but they didn't say anything just we don't know and borders are closed

Wrong forum. This is the family sponsorship (the spouse is a Canadian citizen or PR) section.

 

[canuck78]

Hello,

I hope someone can help me here.. I am a CEC Express entry applicant our file is in process with outland dependant from Aug 2020. My husband applied for a spousal open work permit he got his work permit approved today. He works in US and has a canadian visitors visa TRV already.

Can he enter Canada with his
- passport,
- the approval letter of work permit
- our marriage certificate
- visitors visa which he already has?

or we need to apply for a new TRV for him? Please if anyone can help here would be great!
I tried calling CIC but they didn't say anything just we don't know and borders are closed

He needs to apply for special authorization to travel to Canada with his OWP or proof of a job if you are already living in Canada,.