Spousal Sponsorship Status While Waiting: What Can Your Spouse Do in Canada?
Updated: 3 days ago
The short answer: Applying for permanent residence does not, by itself, extend your temporary status. According to IRCC, a spouse or partner applying from inside Canada must have valid temporary status, and must apply to extend their permit before it expires. Leaving Canada can end that status, and IRCC says the person may not be allowed back before they become a permanent resident.
Does my status stay valid while I wait for a decision?
IRCC's guide says your spouse or common-law partner in Canada must either have valid temporary resident status, or be covered by a special public policy for people who lack status.
The guide does not say that the sponsorship application keeps your visitor, study or work status alive. It says the opposite: your spouse must apply for an extension before their work or study permit expires.
So you have two clocks running. One is the permanent residence application. The other is the expiry date on your temporary status. Track both.
For more on the two application routes, see our guide on inland vs outland spousal sponsorship.
What is maintained status?
Maintained status lets you stay in Canada after your permit expires while IRCC decides a new application to extend it.
IRCC's help centre explains it for work permits. According to IRCC, if you apply for a new work permit before your old one expires, you can stay in Canada until IRCC makes a decision. You may also be allowed to keep working under the conditions of your original work permit while you wait.
There are limits. IRCC says that if you apply for a study permit or a visitor record instead, you must stop working on the day your original work permit expires.
For visitors, IRCC recommends applying to extend your stay at least 30 days before your status expires. IRCC's visitor pages do not clearly explain maintained status for every case, so check IRCC's current page for your permit type before you rely on it. Do not assume you can leave Canada and come back on maintained status. Get advice before you travel.
What if my status already expired?
You may be able to apply to restore it, but only in limited cases and only within a short window.
Work permit holders: IRCC says you must apply within 90 days of losing status. You must stop working once your status expires. IRCC says approval is not guaranteed, and if the application is refused, you must leave Canada.
Visitors: IRCC says that in some cases you can apply to restore your status if it has been less than 90 days since it expired. IRCC says there is no guarantee of approval.
Students: IRCC has separate restoration instructions for study permit holders. The same 90-day limit generally applies. Check IRCC's current page.
More than 90 days: IRCC says that if you lost work-permit status more than 90 days ago and have not applied, you must leave Canada and reapply from outside Canada.
Each family member who lost status applies separately and pays their own fee.
IRCC also has a spousal public policy for people without status who are in the Spouse or Common-law Partner in Canada Class. IRCC's open work permit page refers to it and notes that in that situation you must wait for an approval in principle letter before applying for a work permit. This area carries real risk, so speak to a licensed RCIC before you rely on it.
Can my spouse work while we wait?
Possibly. IRCC says an open work permit may be available to a spouse or partner in Canada who:
is in a genuine relationship with the sponsor and lives with them in Canada
is included in a permanent residence application, and has an acknowledgement of receipt (AOR) letter
has valid temporary resident status, or has maintained it, or has applied for restoration and is eligible for it
IRCC also says you cannot apply if your permanent residence application was refused, withdrawn or returned. Our post on the spousal open work permit while waiting covers the steps.
Can we travel or leave and re-enter Canada?
This is where many couples take a risk without knowing it.
IRCC's guide says:
Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker.
If your spouse or common-law partner leaves Canada before becoming a permanent resident, they may not be allowed to come back.
If they cannot return, the sponsor must submit a new overseas sponsorship application.
IRCC's visitor-record page also reminds travellers who plan to go outside Canada or the United States that they must meet the entry requirements to return.
Nothing guarantees re-entry. If your spouse must travel, for an emergency or any other reason, get advice first and plan for the risk of being unable to return.
What can the sponsor do, and not do, while waiting?
The sponsor can:
Update contact information and report changes in the family, such as marriage, a new child, divorce or death. Report changes through IRCC's web form.
Withdraw the sponsorship. Request withdrawal through IRCC's web form before the person becomes a permanent resident; IRCC decides whether to approve it.
Check the application status online.
The sponsor cannot:
Cancel or shorten the undertaking after the sponsored person becomes a permanent resident. IRCC says there is no way to do this.
Ignore residence rules. IRCC says a sponsor must live in Canada. A Canadian citizen living abroad must show a plan to live in Canada when the sponsored person becomes a permanent resident, and a permanent resident living abroad cannot sponsor.
IRCC's sponsorship pages do not set out how long a sponsor may be away from Canada during processing. If the sponsor travels often, ask a professional.
What if we separate while the application is pending?
IRCC's sponsorship pages do not spell out what happens to a pending application when a couple separates. These points are clear:
A spouse or partner must be in a genuine relationship, and not one entered into mainly to gain immigration status or privilege. This comes from section 4 of the Immigration and Refugee Protection Regulations.
IRCC says a common-law relationship is considered over if either partner chooses to end it.
IRCC asks sponsors to report family changes, such as divorce, through its web form.
A sponsor can withdraw before the person becomes a permanent resident.
If the sponsored person has already become a permanent resident, IRCC says the undertaking continues even if you divorce, separate, or the relationship breaks down.
If you separate, the application may no longer qualify, because the spouse or partner must be in a genuine relationship. Report the change through IRCC's web form and speak to a licensed professional before taking any step. Do not hide a change in the relationship from IRCC. The sponsored person's temporary status may also be in danger. Sponsored spouses or partners in Canada who are being abused by their sponsor may apply for a temporary resident permit and/or an expedited H&C application. If you or your children are unsafe, call local emergency services or a support service first, and then seek advice.
Who does this affect?
Spouses or partners in Canada on visitor, study or work permits
Couples applying under the Spouse or Common-law Partner in Canada Class
Sponsored spouses whose permits expire in the next few months
Couples who need to travel while the application is pending
Couples whose relationship is under strain
What should you do?
Find the expiry date on your permit or visitor record and set reminders well ahead of it.
Apply to extend before the expiry date. Do not assume the sponsorship application covers you.
If you have already lost status, count the days. The restoration window is short.
Check whether you qualify for an open work permit. See our open work permit guide.
Avoid leaving Canada unless you have professional advice, since you may not be allowed back.
Report changes to IRCC through the web form, and keep copies.
Check IRCC's processing times page, https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html, for current timing. Do not rely on old numbers.
If your relationship changes, speak to a licensed professional before you act.
Frequently asked questions
Does my status extend automatically once I submit the sponsorship application?
IRCC's guide does not say that. It says your spouse must apply to extend their work or study permit before it expires. Treat the permit expiry as a separate deadline.
Can I leave Canada if I have an application in progress?
You can physically leave, but it may harm your case. IRCC says leaving can cancel temporary status and that your spouse may not be allowed back. If they cannot return, the sponsor must submit a new overseas application.
Can my spouse stay in Canada if their visitor status expires?
If the extension is filed before the expiry date, the person may be able to stay while IRCC decides. After expiry, only restoration within 90 days may be possible, and approval is not guaranteed.
What if we break up after the sponsored person gets permanent residence?
IRCC says the undertaking does not end if you divorce, separate or the relationship breaks down. Outside Quebec, the undertaking for a spouse or partner lasts 3 years from the day the person becomes a permanent resident.
What if my application is refused while I am waiting?
Read the refusal and your status situation carefully, since both matter at once. Our guides on refusal reasons and options after a refusal can help. A judicial review is a Federal Court process that requires leave and has very short deadlines. An RCIC cannot represent you in that court, so speak to a lawyer immediately.
Key takeaways
Your temporary status and your permanent residence application run on separate clocks.
Apply to extend before your permit expires. Restoration after expiry is limited and not guaranteed.
Leaving Canada can end temporary status and you may not be allowed back.
Sponsors can withdraw before permanent residence, but cannot cancel the undertaking afterward.
Report changes to IRCC through the web form, and get advice before any big decision.
The bottom line
Waiting for a spousal decision is not the same as having secure status. Watch your permit dates, think hard before travelling, and speak up early if your relationship or plans change. When in doubt, check IRCC's current pages or ask a licensed professional.
Need help with spousal sponsorship status while waiting? E-Pathway Immigration, led by Domonic Cheung, RCIC in Vancouver, can review your situation. Book a case review.
More spousal sponsorship guides: Spousal and common-law sponsorship in Vancouver · Spousal sponsorship guide hub · sponsoring a partner without status
Last reviewed: October 2026
Sources: IRCC, "Sponsor your spouse, common-law partner, conjugal partner or dependent child" (guide), https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html (last modified 2026-04-23). IRCC, "Sponsor your spouse, partner or child: After you apply", https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/track-update-application.html (last modified 2026-07-28). IRCC, "Sponsor your spouse, partner or child: Optional: Open work permit in Canada", https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html (last modified 2026-04-17). IRCC Help Centre, "I applied for a new work permit. Can I stay in Canada if my work permit expires?", https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=188&top=17 (last modified 2026-09-28). IRCC, "Restore your status and get a work permit", https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/restore.html (last modified 2026-08-28). IRCC Help Centre, "How can I extend my stay as a visitor?", https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=473&top=16 (last modified 2026-09-01). IRCC Help Centre, "I stayed in Canada longer than I was supposed to. How do I restore my status as a visitor?", https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1250 (last modified 2026-09-28). IRCC, "Visitor record: How to apply", https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay/apply.html (last modified 2026-01-09). IRCC, "How to check the status of your IRCC application", https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-status.html (last modified 2026-10-20). IRCC, "What it means to be a sponsor", https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/undertaking.html (last modified 2025-05-14). IRCC, Deputy Minister Transition Binder 2026, Family Reunification, https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/transition-binders/deputy-minister-2026/family-reunification.html (last modified 2026-09-04). Immigration and Refugee Protection Regulations, s. 4, https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/section-4.html (current to 2026-09-30).
This article is for informational purposes only and does not constitute legal or immigration advice. Consult a licensed RCIC or immigration lawyer for your specific situation.
About the author
Domonic Cheung is a Regulated Canadian Immigration Consultant (RCIC), licence R711344, with E-Pathway Immigration in Vancouver, BC. You can verify his licence on the College of Immigration and Citizenship Consultants (CICC) public register.
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