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-   -   'Maintained Status' query spousal inland PR application (https://britishexpats.com/forum/immigration-citizenship-canada-33/maintained-status-query-spousal-inland-pr-application-951246/)

SeanHolmes Apr 15th 2024 12:07 pm

'Maintained Status' query spousal inland PR application
 
Hi,

I am currently 3 months into a PR application living in Canada. Next month my visitor status will expire. I am not on any kind of temp visa, just here as a visitor from the UK (UK citizen) and was given permission to stay here on arrival until 6th May. I have applied for an Open Work Permit (which I have not yet received) and I will almost certainly not receive my PR before next month. From some research I think that I may have 'maintained status' because i have applied for the OWP meaning I am allowed to remain past the date of expiry of my current status until I receive a Yes/No on the work permit, is this correct? Has anybody else been in this situation who can help please? Or do I need to apply somewhere to stay longer as a visitor?

Many thanks

(Below, what I have read on IRCC website)


"Yes, you can stay in Canada until we make a decision on your new work permit application. This is called maintained status. You may also be authorized to work until we make a decision on your application"

SeanHolmes Apr 15th 2024 11:11 pm

Re: 'Maintained Status' query spousal inland PR application
 

Originally Posted by DreamingDancer (Post 13249233)
Yes, correct. If you apply for an Open Work Permit before visitor status runs out, it means you are still holding onto your status. You can remain in Canada until they make a decision about your application for work permit. It is not necessary to request an extension as a visitor. Ensure you have a duplicate of your work permit application and evidence it was sent to Immigration, Refugees and Citizenship Canada (IRCC), should they request to see them. I wish you success on your application.

Fantastic, what a relief! Thank you very much

christmasoompa Apr 17th 2024 2:08 pm

Re: 'Maintained Status' query spousal inland PR application
 

Originally Posted by SeanHolmes (Post 13249271)
Fantastic, what a relief! Thank you very much

Sorry, but this person wasn’t genuine and didn’t have a clue! The bit you’ve quoted is for those who are on work permits, not visitors. I’ll dig in to the regs tomorrow and try and find you a proper answer.

Snowy560 Apr 17th 2024 2:32 pm

Re: 'Maintained Status' query spousal inland PR application
 
If you have valid visitor status and have submitted a spousal application (in Canada Class) and then you submit a Work Permit application because you're eligible based on the spousal/AOR you will benefit from Maintained Status as long as the WP application is submitted while your visitor status is still valid. But it's safer to also submit a Visitor Extension to cover all bases.

SeanHolmes Apr 18th 2024 12:09 am

Re: 'Maintained Status' query spousal inland PR application
 

Originally Posted by Snowy560 (Post 13249528)
If you have valid visitor status and have submitted a spousal application (in Canada Class) and then you submit a Work Permit application because you're eligible based on the spousal/AOR you will benefit from Maintained Status as long as the WP application is submitted while your visitor status is still valid. But it's safer to also submit a Visitor Extension to cover all bases.

Thank for for reply, Yep, open work permit was applied for 2 months ago and my visitor status is still valid... and received AOR etc before applying for OWP

SeanHolmes Apr 18th 2024 12:10 am

Re: 'Maintained Status' query spousal inland PR application
 

Originally Posted by christmasoompa (Post 13249526)
Sorry, but this person wasn’t genuine and didn’t have a clue! The bit you’ve quoted is for those who are on work permits, not visitors. I’ll dig in to the regs tomorrow and try and find you a proper answer.

Thank you, I appreciate it

SeanHolmes Apr 19th 2024 4:09 am

Re: 'Maintained Status' query spousal inland PR application
 

Originally Posted by christmasoompa (Post 13249526)
Sorry, but this person wasn’t genuine and didn’t have a clue! The bit you’ve quoted is for those who are on work permits, not visitors. I’ll dig in to the regs tomorrow and try and find you a proper answer.

Any luck christmasoompa? I'm wondering should I just try to extend my visitors status to be safe, though i am reading in a few places that I should be covered because I applied for the work permit while still on valid visitors status? Thanks again

christmasoompa Apr 22nd 2024 6:21 am

Re: 'Maintained Status' query spousal inland PR application
 

Originally Posted by SeanHolmes (Post 13249715)
Any luck christmasoompa? I'm wondering should I just try to extend my visitors status to be safe, though i am reading in a few places that I should be covered because I applied for the work permit while still on valid visitors status? Thanks again

Sorry, had a manic weekend. Personally I'd extend your visitor status as well just to be on the safe side, although I agree with Snowy.


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