USA Spouse PR Applicant Temporary Status Renewal?

[mikes_16]

My spouse is from the USA and we sent our paperwork including an open work permit application a couple of months ago. Our application has not been processed yet and my spouse can only stay in Canada for 1 more month on her USA visitor visa.

1. If I read correctly once the application begins processing my spouse will be granted some kind of extended status? Is this correct?

2. If the application doesn't begin processing in the next month would my spouse have to leave the country or is there a way to extend her visitor visa?

Thanks!

 

[k.h.p.]

She doesn't have a visa, she is just granted entry. She could apply for a visitor extension. Unless she doesn't hold a US passport.

She receives implied status from the OWP application and doesn't have to leave until a final decision is made on the OWP application. If approved, she doesn't have to leave. If denied, or returned, she loses implied status and is in Canada without status.

If your app hasn't been returned after "a couple of months" it may not be returned at all - so you're probably okay on implied status. If you're really worried about it, or to preserve her ability to apply for an OWP, you could apply for a visitor extension.

 

[mikes_16]

Thank you.

To clarify, the OWP application was included with the PR application and when I called they said they hadn't started the application yet but should be started this month. As soon as they start processing the application does that give my spouse implied status?

My spouse's visitor status ends at the end of the month so we're a little tight on that deadline.

Do you know the cost of a visitor extension?

 

[k.h.p.]

Thank you.

To clarify, the OWP application was included with the PR application and when I called they said they hadn't started the application yet but should be started this month. As soon as they start processing the application does that give my spouse implied status?

My spouse's visitor status ends at the end of the month so we're a little tight on that deadline.

Do you know the cost of a visitor extension?

You get implied status until a decision is made. If they haven't started reviewing it yet, then you will continue to have implied status until they are done. If they open the file next month and decide that there was something missing and send it back to you, there will be no implied status, and your spouse will lose status to the date that their original entry to Canada expired.

Here's all the fees. I just googled "Canada visitor extension fee" http://www.cic.gc.ca/english/information/fees/fees.asp

 

[mikes_16]

Would taking a roadtrip out of Canada to USA and then re-entering to reset her 6 months be ok as they haven't started the application yet or is that a risk?

 

[k.h.p.]

Probably no risk, but it's not a 0 risk. The risk is that she would not be re-admitted to Canada. But it's honestly a small, small risk.

 

[canuck_in_uk]

Thank you.

To clarify, the OWP application was included with the PR application and when I called they said they hadn't started the application yet but should be started this month. As soon as they start processing the application does that give my spouse implied status?

My spouse's visitor status ends at the end of the month so we're a little tight on that deadline.

Do you know the cost of a visitor extension?

You are not tight on a deadline. She can apply for a visitor extension up until her current status expires. She should just wait for now and see if the OWP arrives. If it isn't here a few days before her current status expires, she can apply for a visitor extension.

 

[mikes_16]

Thank you for your replies!