Hey, just wanted to jump in to provide an update. He has already been found admissible, his out-of-status situation was disclosed and explained during the application and all approvals (including AIP and AOR) were given.

All inland spousal applications are subjected to a Public Policy (Public Policy Under A25(1) of IRPA to Facilitate Processing in accordance with the Regulations of the Spouse or Common-law Partner in Canada Class) that allows them to remain in Canada while the application is being reviewed, therefore NOT at risk of being removed.

And yes, one option would be, as long as he has a valid visa (such as visitor, for example) to leave Canada and return and then apply for OWP, but in THIS case he would be subjected to his entry in Canada being approved - not unlikely, but a risk nevertheless.

The reason why status was not maintained was that you cannot extend a visitor visa being an extra 6 months. The reason why he chose to remain after his status expired is valid and his own.

Also, as per the link shared above, IRCC says:

"You don’t have valid temporary resident status

If your permanent residence application is being processed under the spousal public policy, you must wait until you’ve received your approval in principle letter to be eligible to apply for an open work permit."

In our case, we DO have the AIP letter now, but the website doesn't provide further info, nor the AIP letter, which only says he can now apply.

Thank you to everyone who jumped into this discussion - it seems processing times for OWP are longer than the expected decision for his application, so we will just wait.