ETA & Visitor Status Questions

[padmoo37]

Hi guys, I posted in the sponsorship thread earlier about my grandma's visa but now I realize I was mistaken about her TRV. She came in from Taiwan, which required her to get an eTA but did not require her to get a TRV ahead of time. Her passport is stamped with the date that she came in but does not actually say any type of visa. Hence, my questions:

1) I am still not clear about how long she is allowed to stay. Is she on a 6 month visitor rule? My assumption was that the eTa lasts for 5 years but does that mean she still has to re-apply every 6 months because that's usually how long visitors come for? Is she actually on a visa?

2) If 1) is true and I have to apply every 6 months, I am looking at the online application for visitor extension - is this the correct category for her?

2) Right now processing times online says 98 days, should I be waiting until 30 days before her visa expires end of March to apply or do it NOW? What happens when her 6 months is up and she still hasn;t heard back?

Thanks everyone again for your help!

 

[noscaf2014]

1. 6 months from the entry date.
2. Visitor visa extension application is correct.
3. You can apply towards the end of the 6 months regardless of the processing time. She can stay legally until you hear back from IRCC.
Good Luck!

 

[Bs65]

Just to clarify for the OP that an ETA is only valid to enable boarding a plane to Canada for visa exempt passport holders it is not a visa to enter Canada. It is valid for 5 years of travel to Canada but has no bearing on status once in the country.

 

[padmoo37]

T

1. 6 months from the entry date.
2. Visitor visa extension application is correct.
3. You can apply towards the end of the 6 months regardless of the processing time. She can stay legally until you hear back from IRCC.
Good Luck!

Thank you!

Regarding your point 3 - given that she only has the entry date in her passport - I assume we just count 6 months from that and apply for the extension one month before the 6 months end. So lets say her 6 months ends in march, and we submit the extension in February, but she doesn't hear back until June.. but between months of March to June, she would be fine.

My other question is that one of our cousins is getting married in April in NYC, would my grandma be able to travel to the states to visit? It seems that on their site that visits to the US should be fine but I don't want her getting stuck at the border.

 

[noscaf2014]

T

Thank you!

Regarding your point 3 - given that she only has the entry date in her passport - I assume we just count 6 months from that and apply for the extension one month before the 6 months end. So lets say her 6 months ends in march, and we submit the extension in February, but she doesn't hear back until June.. but between months of March to June, she would be fine.

My other question is that one of our cousins is getting married in April in NYC, would my grandma be able to travel to the states to visit? It seems that on their site that visits to the US should be fine but I don't want her getting stuck at the border.

Yes, she will be fine. As per IRCC:

A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.​

Also,

If your temporary resident status expires after you have submitted your application for an extension but before you receive a decision on your application, you can stay in Canada under what’s called implied status. That means the law implies you are a temporary resident. That status lasts until Immigration, Refugees and Citizenship Canada (IRCC) decides on your new permit application.
​

For more information: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html