If you are inside Canada waiting for your inland spousal sponsorship to be processed, you must keep your temporary status valid. You should submit an online application for a Visitor Record (Form IMM 5708) at least 30 days before your current status expires to legally remain in Canada under “maintained status.”
Applying for inland spousal sponsorship is a wonderful option that allows couples to live together in Canada while the federal government processes their Permanent Residence (PR) application. Whether you are currently renting an apartment in Toronto, exploring the sights in Halifax, or building a life in Calgary, living together is the main benefit of the “Spouse or Common-Law Partner in Canada” class. However, simply submitting your PR application does not automatically give you the legal right to stay in the country. 📍 This is a very common and dangerous misconception.
To remain in the country legally, you must maintain a valid temporary status-usually as a visitor, worker, or student. If you entered Canada as a tourist, your status typically expires six months from the day you arrived, regardless of whether you have a PR application pending with Immigration, Refugees and Citizenship Canada (IRCC). If you let your status expire, you fall out of status, which can complicate your sponsorship, force you to stop working, and cause immense stress. To prevent this, most applicants must actively apply to extend their stay by securing a Visitor Record before their passport stamp or current visa expires.
Step-by-Step Process for Extending Your Stay in Canada
Extending your visitor status is a federal process managed entirely online through the IRCC secure portal. By following these steps correctly, you can secure “maintained status” (formerly known as implied status), allowing you to stay legally while the government reviews your request.
Step 1: Identifying Your Current Expiry Date
First, figure out exactly when your current legal status ends. If the Canada Border Services Agency (CBSA) stamped your passport when you arrived, they may have written a specific date. If they just stamped it without a date, or if you used an automated kiosk without getting a stamp, your status generally expires exactly six months from your date of entry. 📅 Mark this date clearly on your calendar.
Step 2: Gathering Proof of Your Pending PR Application
When you ask IRCC for a Visitor Record, you need a good reason for wanting to stay longer. Waiting for your spousal sponsorship is an excellent reason. You must gather evidence that your PR application is in progress. If you have already received your Acknowledgement of Receipt (AOR) letter from IRCC, download it as a PDF. If you just applied and do not have an AOR yet, save a copy of your official PR fee payment receipt.
Step 3: Completing Form IMM 5708
Log into your IRCC Secure Account and start a new application to “Apply to come to Canada” and select the option to extend your stay as a visitor. The system will generate a document checklist, with the primary document being Form IMM 5708 (Application to Change Conditions, Extend My Stay or Remain in Canada as a Visitor). Fill out this PDF carefully, ensuring your personal details exactly match your passport.
Step 4: Submitting the Application and Paying the Fee
Upload your completed IMM 5708 form, a copy of your passport pages, your digital photo, and your proof of sponsorship (AOR or fee receipt) into the portal. You must also write a brief Letter of Explanation stating: “I am currently awaiting the processing of my inland spousal sponsorship application and request a Visitor Record to maintain my legal status in Canada.” Pay the government processing fee online and submit the application.
Step 5: Living Under Maintained Status
As long as you submit this extension application before your current status expires, you instantly benefit from maintained status. Even if your original six-month expiry date passes, you are legally allowed to remain in Canada under the exact same conditions as your original entry until IRCC makes a final decision on your Visitor Record application. If you find the legal paperwork overwhelming, a local immigration law firm can manage this entire extension process for you.
How Much Does it Cost in Canada?
Extending your temporary status involves separate fees from your main Permanent Residence application.
- Visitor Record Fee: The IRCC processing fee to extend your stay as a visitor is exactly $100 CAD.
- Restoration of Status Fee: If you accidentally let your status expire before applying, you must pay a $200 CAD restoration fee plus the $100 CAD visitor fee, totaling $300 CAD.
- Law Firm Representation: If you hire an immigration lawyer to prepare and file your extension to ensure no mistakes are made, legal fees typically range from $300 to $800 CAD for this specific service.
How Long Does the Process Take?
Timing your application correctly is the secret to avoiding immigration issues in Canada.
- When to Apply: IRCC strongly recommends that you apply for your extension at least 30 days before your current status expires.
- Visitor Record Processing Time: Online applications for a Visitor Record currently take an average of 60 to 120 days to be processed by IRCC, though times fluctuate.
- Duration of the Extension: When approved, IRCC usually grants an extension for 1 year, or until your passport expires, giving you plenty of time for your PR to finalize.
| Status Type | Meaning for the Applicant | Can I Work? |
|---|---|---|
| Valid Visitor Status | You are within your original 6-month tourist window. | No. |
| Maintained Status | Your 6 months ended, but you applied for an extension on time. | No, unless you also applied for an Open Work Permit. |
| Out of Status | Your time expired and you did not apply for an extension. | Absolutely Not. |
Frequently Asked Questions (FAQ)
Can I work in Canada while holding a Visitor Record?
No. A Visitor Record strictly allows you to remain in Canada as a temporary resident; it does not authorize you to work. If you want to work while waiting for your inland PR processing, you must submit a separate application for a Spousal Open Work Permit (SOWP).
What happens if my status expired yesterday?
If your status has already expired, you cannot benefit from maintained status. You have a 90-day grace period to apply for a “Restoration of Status.” This is a more complex and expensive process. If you are out of status, it is highly recommended to consult an immigration law firm immediately.
Can I travel outside Canada while on maintained status?
It is strongly discouraged. If you leave Canada while on maintained status, you immediately lose that status. When you try to re-enter, you will be assessed as a brand-new visitor by the border officer. If they deny you entry, your inland spousal sponsorship application will be abandoned because you must live in Canada to qualify.
Do I need to do a medical exam for a Visitor Record?
Generally, you do not need an immigration medical exam just to extend your stay as a visitor, unless you have lived in certain designated countries for more than six months recently, or if you plan to work in a public health setting. You will, however, need a medical exam eventually for the PR portion of your application.
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