Sowp Restoration or Visitor visa to owp conversion

[RSK07]

Hi @canuck78 , @scylla I have some URGENT situation, could you please kindly suggest

My spouse open work permit is expiring on 31 July 2020. I got my job offer letter today but my joining is on Aug 10. Henceforth I cannot attach my payslips even if I have apply for extension of sowp.

My question is
1. Should we apply for his visitor visa tomorrow and once I receive payslips apply for open work permit.

2. I see visitor visa processing time is 126 days inland, so when the visitor visa is in process ,can I apply for open work permit in parallel?

3. Or apply for sowp extension with job offer letter, if get rejected apply for restoration?

Which is faster and best. Kindly advice.

 

[GandiBaat]

A liitle bit more of context will help to understand this situation. But lemme be clear, I am asking more context because of my own selfish reason (read my other posts to understand it). Never-the-less, here is what I know and I am not an expert or a lawyer.

Firstly, who is on SOWP, you or your spouse? I believe your spouse is on SOWP.

I think you will need few pay-slips, usually it is 3. Your job needs to be in NoC 0, A or B (which I believe it is).

Now if you apply visitor visa AFTER the your spouse's WP expired(given you have posted this on 31st July), AFAIK, they wont be in implied status and surely they won't have a status. They will be OUT of Status. And when they are out of status, they will need to restore the status. Now to the best of my understanding (and there is a HELL lot of things that are not clear to me about restoration), you can apply to restore your spouse's status to a Worker ONLY. BUT (and here is where the things get extremely murky), the IRCC says this :

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html

A temporary resident who held a work permit and lost their status can apply in Canada for restoration of their temporary resident status and authorization to work within 90 days of having lost their status. In addition to applying for restoration and a new work permit, they may also apply for a study permit, and pay the fees, if they meet the requirements for study permit issuance.

This is the fun part.

So you can ONLY apply to restore as a worker BUT you can also apply for a Study Permit TOGETHER with your restoration as a worker application. Fun, right?

Can you ALSO apply to restore your status as a worker TOGETHER with an application for a VISITOR? I don't know. IRCC's operational manual posted online says nothing about it. Absolutely nothing.

Now, without the status in Canada there is very less other statuses that you can apply for.