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Working Holiday Extension and PR

Canadian5555

Full Member
Dec 13, 2020
25
0
Hey there,

I spent hours last night reading through as many threads as I could find on this issue and have learned a lot, so thank you for everyone for all the wonderful advice. I was hoping to gain a bit more clarity and would appreciate any help you can offer us.

Here's the backstory: My Australian boyfriend's WHV expired this september. We talked to an immigration lawyer and we were told that we could apply for an extension, knowing it wouldn't be accepted, but that he would have implied status until we heard back and he could continue working. Our plan before Covid hit was for me to get my WHV for australia and we were going to go there after his visa ran out. We applied for the extension to buy us time, hoping the australian borders would open up. Sadly, it doesn't seem like that is going to happen anytime soon.

After reading up on it last night, we learned that there is no implied status. At this point, we are not sure how to proceed. We applied with a paper application and we haven't recived a ROA or anything on his online account. We were hoping to get married and start his PR since Australia doesn't seem like a viable option any longer. We have a few questions.

1. Do we just hang on tight and wait for the appliation to be processed? At that point, it seems like after it is refused, he would be given 90 days to restore his status as a visitor. Is that correct?
2. Is it better to try to withdraw it and apply for status restoration? Due to Covid, we have until Dec 31 to do so.
3. In terms of spousal sponsorship, will this overstaying on his visa hurt us?
4. And at point are we able to begin his sponsorship? Right now, it seems like he is out of status. So do we need to wait until he has visitor status to do so?

I apologize for all of the questions, but COVID has thrown a huge wrench in our plans (as I am sure it has for most of us) and we are just trying to not get seperated from each other if we can help it. Let me know if we can offer any more information. Thank you!!
 

scylla

VIP Member
Jun 8, 2010
92,946
20,549
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hey there,

I spent hours last night reading through as many threads as I could find on this issue and have learned a lot, so thank you for everyone for all the wonderful advice. I was hoping to gain a bit more clarity and would appreciate any help you can offer us.

Here's the backstory: My Australian boyfriend's WHV expired this september. We talked to an immigration lawyer and we were told that we could apply for an extension, knowing it wouldn't be accepted, but that he would have implied status until we heard back and he could continue working. Our plan before Covid hit was for me to get my WHV for australia and we were going to go there after his visa ran out. We applied for the extension to buy us time, hoping the australian borders would open up. Sadly, it doesn't seem like that is going to happen anytime soon.

After reading up on it last night, we learned that there is no implied status. At this point, we are not sure how to proceed. We applied with a paper application and we haven't recived a ROA or anything on his online account. We were hoping to get married and start his PR since Australia doesn't seem like a viable option any longer. We have a few questions.

1. Do we just hang on tight and wait for the appliation to be processed? At that point, it seems like after it is refused, he would be given 90 days to restore his status as a visitor. Is that correct?
2. Is it better to try to withdraw it and apply for status restoration? Due to Covid, we have until Dec 31 to do so.
3. In terms of spousal sponsorship, will this overstaying on his visa hurt us?
4. And at point are we able to begin his sponsorship? Right now, it seems like he is out of status. So do we need to wait until he has visitor status to do so?

I apologize for all of the questions, but COVID has thrown a huge wrench in our plans (as I am sure it has for most of us) and we are just trying to not get seperated from each other if we can help it. Let me know if we can offer any more information. Thank you!!
1. He has implied status right now. Eventually the work permit extension is going to be refused at which point he will fall out of status in Canada. He will the need to apply to restore his status to visitor (and obviously stop working as soon as the extension is refused).
2. I guess you could do that. Really up to you. He would need to stop working as soon as you withdraw the extension.
3. It shouldn't.
4. You can apply now provided you have lived together continuously for at least one year and have evidence to prove this (e.g. joint lease, joint bank accounts, etc.).