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  • I entered Canada on eTA
  • I applied to extend my stay as a visitor
  • The original 6 months of the eTA passed but I maintained my status because of the pending application
  • I married a Canadian citizen
  • My extension was approved and I got a visitor record (with an expiry date in January)
  • I'm about to submit my permanent resident application (inland spousal sponsorship) and right after that apply for an open work permit

Does the open work permit application allow me to stay after my visitor record expires (e.g. does it count as maintained status) or do I need to apply for another visitor extension?

I found this page but it doesn't seem to apply to my situation (I don't have an expired work permit that I'm renewing).

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An inland work permit application maintains your temporary resident status as a visitor. You cannot work until you receive your work permit.

In situations where an applicant who has visitor status submits an application for permanent residence to a case processing centre in Canada and, at the same time, submits an application for a work permit [pursuant to paragraph R207(b)], the visitor may be considered to have requested an extension of their temporary resident status [in accordance with subsection R183(5)]. They are considered to have implied status as a visitor, until a decision is made on their work permit application.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/inland-applications-permanent-residence-status-extension.html

To maintain your temporary resident status, you must submit a complete work permit (or study permit, or an extension of stay) application before the expiry of your current status; otherwise, a restoration must be applied for within 90 days after the previous status expires. A permanent residence application alone does not give rise to maintained status as a temporary resident.

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  • As far as I know, applying for a work permit at the same time was only possible with a paper application which isn't an option anymore, this answer still applies if you apply for the work permit as soon as you receive the AoR letter, right?
    – Alicja
    Commented Jan 14, 2023 at 22:29
  • @Alicja as long as the submission of the temporary resident application (for work permit or extension of stay) is before the expiry of your current status (visitor record), it is okay. If your visitor record expires very soon and you think you won't able to get the AoR and submit a complete work permit application by expiry, then submit an additional extension request to be safe.
    – xngtng
    Commented Jan 15, 2023 at 8:36

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