URGENT: Status issue during in-Canada Class Spousal sponsorship PR application in-progress

[neevmagic]

Hello Experts,

This is my would be scenario and I am checking to take some decisions. Please help me!

I have a PR and live in Quebec. I had a work permit due to my CSQ before my PR.
I am sponsoring my wife's in-Canada Class Spousal sponsorship PR application.
My wife holds a SOWP due to my previous worker status and her current status is worker.
Her worker status is valid for next 1-2 months. She does not hold a CSQ right now and she is not employed.
She lives in Quebec with me.

Suppose, I submit her complete in-Canada Class Spousal PR sponsorship application today along with her Open Work Permit Application
which she will be eligible due to her in-Canada Class Spousal PR sponsorship application, in the same envelope,

THEN, will this above-mentioned Open Work Permit application grant her an implied status worker
while this Open Work Permit Application is in progress?

If yes, then from which date? like date of application postal mailed or is received by IRCC? or may be after first approval?
Is there a way to get the open work permit application number? like the one we receive during the online WP application? - like a confirmation

I understand the above-mentioned open work permit application might just take more than 10 months to give a decision and not much help for working.
The main purpose is to keep her in status in Canada while her PR application is in progress.

I also understand there is a possibility to apply for a Visitor Record before her work permit expires in next 1-2 months.
How reliable is this visitor record application thing? success rate?
and What is the maximum duration we can apply for this visitor record while her PR application is in progress?
Can we apply for this Worker to Visitor Record conversion in an online application?

Is there any other way to keep her in Canada in status while her PR is in progress?
What happens to her in-Canada Class Spousal PR sponsorship application if she looses her status at anytime during the PR process?

I thank you for your help.

- Neev.

 

[thevisawhisperer]

THEN, will this above-mentioned Open Work Permit application grant her an implied status worker while this Open Work Permit Application is in progress?
Yes

If yes, then from which date? like date of application postal mailed or is received by IRCC? or may be after first approval?
Implied status begins the day previous status expires, assuming the new application was made prior to the expiry of the previous permit - which is how implied status works.

I understand the above-mentioned open work permit application might just take more than 10 months to give a decision and not much help for working.
It normally (pre-COVID) took about 3 months for the OWP to arrive. These days, who knows. If your purpose is to keep your wife in status, that would be accomplished by filing your sponsorship and PR applications, along with 5710, before her current permit expires.

How reliable is this visitor record application thing? success rate?
Depends on who's applying.
and What is the maximum duration we can apply for this visitor record while her PR application is in progress?
You can re-apply as necessary to keep her in status throughout - although all of these worries would be obviated by applying for an open work permit - no matter how long it takes, the application maintains her status and permits her to keep working. I'm not sure why you're flailing around for alternatives.

Can we apply for this Worker to Visitor Record conversion in an online application?
Yes. IMM 5708, if you choose to follow this dubious path.

Is there any other way to keep her in Canada in status while her PR is in progress?
No other way is necessary.

What happens to her in-Canada Class Spousal PR sponsorship application if she looses her status at anytime during the PR process?
In practical terms, nothing.

You haven't mentioned the Quebec factor - separate approvals and all that . . .

 

[neevmagic]

THEN, will this above-mentioned Open Work Permit application grant her an implied status worker while this Open Work Permit Application is in progress?
Yes

If yes, then from which date? like date of application postal mailed or is received by IRCC? or may be after first approval?
Implied status begins the day previous status expires, assuming the new application was made prior to the expiry of the previous permit - which is how implied status works.

I understand the above-mentioned open work permit application might just take more than 10 months to give a decision and not much help for working.
It normally (pre-COVID) took about 3 months for the OWP to arrive. These days, who knows. If your purpose is to keep your wife in status, that would be accomplished by filing your sponsorship and PR applications, along with 5710, before her current permit expires.

How reliable is this visitor record application thing? success rate?
Depends on who's applying.
and What is the maximum duration we can apply for this visitor record while her PR application is in progress?
You can re-apply as necessary to keep her in status throughout - although all of these worries would be obviated by applying for an open work permit - no matter how long it takes, the application maintains her status and permits her to keep working. I'm not sure why you're flailing around for alternatives.

Can we apply for this Worker to Visitor Record conversion in an online application?
Yes. IMM 5708, if you choose to follow this dubious path.

Is there any other way to keep her in Canada in status while her PR is in progress?
No other way is necessary.

What happens to her in-Canada Class Spousal PR sponsorship application if she looses her status at anytime during the PR process?
In practical terms, nothing.

You haven't mentioned the Quebec factor - separate approvals and all that . . .

Thanks a lot! I really appreciate it! It was a long list of questions after all.

"If yes, then from which date? like date of application postal mailed or is received by IRCC? or may be after first approval?
- Implied status begins the day previous status expires, assuming the new application was made prior to the expiry of the previous permit - which is how implied status works."
- You are right. It was a silly question on my side. I just did not think straight.

"How reliable is this visitor record application thing? success rate?
-Depends on who's applying." - By this if you mean who is preparing the application then does the application needs to be very strong like a visitor VISA application or IRCC will show some leniency because the applicant is an unemployed dependent spouse living with her husband
in Canada while her PR application in process and it might not be feasible for her to move out of Canada?
Is staying with her spouse a good purpose for a visitor record application? as it is not for a visitor visa?

"and What is the maximum duration we can apply for this visitor record while her PR application is in progress?
You can re-apply as necessary to keep her in status throughout - My reason for asking the duration was to determine what should be filled in the forms for the first time when we apply for the Visitor Record. Is it possible to apply for 12 months for the first time itself? Though it might take more time due to COVID but officially it still shows 12 months for processing time.

although all of these worries would be obviated by applying for an open work permit - no matter how long it takes, the application maintains her status and permits her to keep working. I'm not sure why you're flailing around for alternatives. - I just wanted to apply it as a backup
in case any of her applications were returned due to any human errors done by us. As visitor record can be applied online so It will be less error prone and faster application. Let me know if you have any other opinion about this.


"What happens to her in-Canada Class Spousal PR sponsorship application if she looses her status at anytime during the PR process?
- In practical terms, nothing." - The reason I asked this question was that how will IRCC consider someone's application an in-Land application
if that person has to leave Canada due to out of status. I know there is a possibility of status restoration but if a Visitor Record is not approved
then there is a high chance that the status restoration also will not be approved.


"You haven't mentioned the Quebec factor - separate approvals and all that . . . "
- I do not know whether I understand your question right but what I understand is that you are asking for my wife's sponsored CSQ approval
because I am a Quebec Resident. I am still doing research but till now what I know is that Quebec might take 1-3 months to give a CSQ for my
wife while her PR application is in process and IRCC requests her CSQ with a letter. I need do a Quebec Undertaking application along with the IRCC Request letter. As I am working in a NOC CODE A job and have been in Quebec for more than 6 years paying taxes, the CSQ should be approved.
Please let me know if you foresee any other things that I should also consider.

And thanks again for taking the time to answer.

- Neev

 

[thevisawhisperer]

Oy vey.
"How reliable is this visitor record application thing? success rate?
-Depends on who's applying." - By this if you mean who is preparing the application then does the application needs to be very strong like a visitor VISA application or IRCC will show some leniency because the applicant is an unemployed dependent spouse living with her husband
in Canada while her PR application in process and it might not be feasible for her to move out of Canada?
Is staying with her spouse a good purpose for a visitor record application? as it is not for a visitor visa?
This is an in-Canada sponsorship application. Yes? The expectation is that she will remain in Canada. If you for whatever reason decide not to go the sensible work permit application route, then they will in all likelihood extend her status as a visitor. It's not a percentage play.

"and What is the maximum duration we can apply for this visitor record while her PR application is in progress?
You can re-apply as necessary to keep her in status throughout - My reason for asking the duration was to determine what should be filled in the forms for the first time when we apply for the Visitor Record. Is it possible to apply for 12 months for the first time itself? Though it might take more time due to COVID but officially it still shows 12 months for processing time.
Entirely up to the officer's discretion. If a year is granted, great, if not apply for another extension - and please don't ask me what the likelihood is that a second extension will be approved.

"What happens to her in-Canada Class Spousal PR sponsorship application if she looses her status at anytime during the PR process?
- In practical terms, nothing." - The reason I asked this question was that how will IRCC consider someone's application an in-Land application
if that person has to leave Canada due to out of status. I know there is a possibility of status restoration but if a Visitor Record is not approved
then there is a high chance that the status restoration also will not be approved.
See, it's an in-Canada application, above.

Don't know much about Quebec. I do know that you are twisting yourself into pretzels over scenarios that make no sense. Please take the time to look at the explanatory material on the IRCC site so that you go into the process with at least some notion of how the process works.

 

[neevmagic]

Oy vey.
"How reliable is this visitor record application thing? success rate?
-Depends on who's applying." - By this if you mean who is preparing the application then does the application needs to be very strong like a visitor VISA application or IRCC will show some leniency because the applicant is an unemployed dependent spouse living with her husband
in Canada while her PR application in process and it might not be feasible for her to move out of Canada?
Is staying with her spouse a good purpose for a visitor record application? as it is not for a visitor visa?
This is an in-Canada sponsorship application. Yes? The expectation is that she will remain in Canada. If you for whatever reason decide not to go the sensible work permit application route, then they will in all likelihood extend her status as a visitor. It's not a percentage play.

"and What is the maximum duration we can apply for this visitor record while her PR application is in progress?
You can re-apply as necessary to keep her in status throughout - My reason for asking the duration was to determine what should be filled in the forms for the first time when we apply for the Visitor Record. Is it possible to apply for 12 months for the first time itself? Though it might take more time due to COVID but officially it still shows 12 months for processing time.
Entirely up to the officer's discretion. If a year is granted, great, if not apply for another extension - and please don't ask me what the likelihood is that a second extension will be approved.

"What happens to her in-Canada Class Spousal PR sponsorship application if she looses her status at anytime during the PR process?
- In practical terms, nothing." - The reason I asked this question was that how will IRCC consider someone's application an in-Land application
if that person has to leave Canada due to out of status. I know there is a possibility of status restoration but if a Visitor Record is not approved
then there is a high chance that the status restoration also will not be approved.
See, it's an in-Canada application, above.

Don't know much about Quebec. I do know that you are twisting yourself into pretzels over scenarios that make no sense. Please take the time to look at the explanatory material on the IRCC site so that you go into the process with at least some notion of how the process works.

Thanks Man! I really appreciate!
You are right! I might have actually been twisting myself into pretzels over scenarios and you actually have relieved me of some of my uncertainties.

The fact is that My CSQ took 2 years to get and then 2 years to get my PR out of that CSQ. I could not add my wife to my CSQ as Quebec had some really funny situation of cancelling in process CSQs in between due to political change, And then Points were increased for CSQ & would not be re-calculated even if you try to improve it during adding your spouse and then arrival of new Online tool Arrima for CSQ and then never ending blah blah.
No CSQ for wife so no adding her to my PR application. I had to change employers after CSQ so her SOWP took time.
Then the Time came for her travel to Canada then COVID-19 arrived. She is still not in Canada by the way.... LOL.

So, I was just making sure that now when she arrives in Canada this time then there is no going back.
Thanks again for your help. Have a good day.

- Neev