# Spousal sponsorship, and work permits



## mlj1980 (Aug 5, 2010)

Hello, 

I have a number of questions which I am finding answers difficult to come by via the cic website (what a surprise!).


I am a temp. visitor here in Canada, but will marry my Canadian fiancee in less than 3 weeks. Once we are married we will be submitting the spousal sponsorship application package. 

Firstly, I'd like to know, seeing as my temp. visitor status is expiring on the 24th June, would I need to apply for an extension of my temp. visa, to wait for the outcome of my sponsorship application? Or, does the acknowledgement of the application put me on some kind of retainer status? I would like to know, as I intend to leave Canada for two weeks in July, but want to re-enter in August. 

Secondly, regarding an open work permit, which form do I have to fill out, and do I file this with my spousal application package?

Some help would be much appreciated, as my patience is running thin with cic website, and their call center, which seems only to be staffed by answer machines. Helpful bunch.


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## Auld Yin (Mar 10, 2009)

You do need to apply for an extension. Granting of PR status via Spousal application will permit you to work.


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## thinkering (Apr 24, 2013)

mlj1980 said:


> Hello,
> 
> Or, does the acknowledgement of the application put me on some kind of retainer status?
> 
> ...


Filing for a PR visa is entirely separate from maintaining temporary residency status, although your sponsor can still sponsor you if you do not have legal status in Canada. At that the same time, CIC expects you to maintain legal status in Canada if possible.

In regards to re-entry, entry permission is not guaranteed even if you are from a visa exempt country, especially once they become aware you are in a marriage level relationship with a Canadian resident. The CBSA officer should only grant entry to you on a visitor basis if he/she believes you intend to visit only and block entry if he/she believes you plan to stay permanently. You can always leave during processing of your PR sponsorship application, but you may not be permitted to re-enter, so many couples decide to stay in Canada until the PR is issued. 

Note if you prepare an inland sponsorship application, and if you are blocked from re-entering, you will need to cancel your application and start over with an overseas application. They will not return your documents so make sure you keep a copy of your application and consider requesting double the original documents.

Also, let's say they issue a 1 year visitor record after you file for an extension, that does not necessarily permit entry to Canada even if you have time left on your permit.

As for the sponsorship open work permit, this is available with the inland application only and will be approved when your partner is found eligible/approved to sponsor (if there are no significant concerns with your application). If you are proceeding with this, you can include it within your initial sponsorship application to save on processing time.

Hope that helps! Congratulations on your wedding.


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