Sponsor – PR, Current Canada resident
Principal applicant (spouse) – Current Canada resident
Spouse: (timely order)
*March 2018, entered Canada with study permit
*March 2019, a few weeks before expired, applied study permit extension
*April 2019, requested additional documents after study permit expired
*May 2019, before submitted additional documents, received a positive LMIA
*May 2019, applied closed working permit with a positive LMIA
*June 2019, then withdrawn study permit extension
*Previous consultant told:
-Spouse automatically lost implied status (study permit) and became an overstayed person
-Because applied changing status (study -> working) during the period time of implied status (study -> extension of study)
-Waited until all restoration periods ended (because spouse already became overstayed person), applied minister permit
*Oct 2019, minister permit applied (no decision made yet)
*Sep 2020, married with PR
*Oct 2020, trying to apply Family Sponsorship, Spouse
Questions (Spouse doesn’t have any problem other than current overstay)
1. Which is better to apply now or wait until the minister permit decision made?
2. If apply now, need another minister permit application for spouse’s open working permit or not (because of overstay)?
3. Is it right that it automatically lost implied status (extension permit) and became an overstayed person if apply changing status during the time period of implied status as case as above?
Thanks all, be safe