Is Visitor Visa necessary during Inland Spousal Sponsorship? (No OWP)

[maplesqunch]

Hello,

When we submitted the inland sponsorship application, we didn't include the application for an open work permit. We read somewhere that because we didn't submit the OWP she's required to keep re-applying for the visitor visa until she gets approved for the PR. Is that true? or did we misunderstand?

We submitted the inland spousal sponsorship application in late December 2019, then we extended her visitor visa in February, and it's about to expire so we're about to extend her Visitor Visa again, but we just wanted to make sure whether it's necessary. Can someone please confirm?

Thanks

 

[k.h.p.]

It's not absolutely necessary, because there is public policy in place that says a spouse cannot be removed from Canada for only the reason of not being in status while a spousal sponsorship is in process. So provided nothing else happens - criminality, etc - your spouse cannot be deported because they have no status.

However, not having status does mean you're in Canada without status. Any kind of application that requires proof of valid status in Canada will be refused. She's technically overstaying. If she needs to leave Canada for an emergency and try to return, this would quite likely cause an issue at the border.