Can I stay in Canada while waiting for a spouse visa?
Last updated: January, 2026
Yes — you may be able to stay in Canada while waiting for a spousal sponsorship permanent residence decision if you maintain valid temporary status (visitor, student, or work permit) or have applied to extend that status before it expires; the sponsorship application itself does not automatically grant or extend status. Your ability to remain in the country depends entirely on your current permit, not on whether your spouse’s PR file has been submitted.
- If You Are Already Inside Canada
You may remain in Canada legally if you hold a valid visitor record, Spouse Visa, work permit, or study permit. You must extend your status before it expires. When you apply for an extension, you gain implied status, allowing you to stay until IRCC makes a decision. A related consideration is, “Does having a visitor visa impact the timeline of spousal sponsorship?”
- Sponsorship Does NOT Give Status
Submitting a sponsorship file does not create legal status. The inland or outland sponsorship process handles your permanent residence pathway only. You must always maintain legal status independently.
- Spousal Open Work Permit Option
If applying inland, most applicants can request an Open Work Permit for Spouses, but it is not automatic and requires a separate application. This allows you to live and work in Canada while awaiting a final decision, reducing financial strain during the processing time.
- If Your Status Has Expired
You may be eligible to restore temporary status within 90 days of expiry, but restoration is not guaranteed and must meet IRCC criteria; the sponsorship application does not itself maintain or extend your status. Some exceptional circumstances may allow continued processing, but these require careful handling.
- Travel Considerations
If you leave Canada during an inland timeline, re-entry is not guaranteed. If denied entry, the inland application may be affected. In some situations Spouse Sponsorship outside Canada pathway may be more suitable.
For guidance tailored to your situation, our Toronto immigration consultants can help you maintain status and structure a strong application. You may review our Spousal Sponsorship Fees, as well as book a consultation, or explore the Spouse Sponsorship Canada program.