Spouse on a visitor Visa Inland application

[Rain_Walker]

Hi,

My wife is on a Visitor visa in Canada living with me, we are applying for a sponsorship and I saw a strange statement when doing my research, can you please help me understand what does it mean exactly ?

Important information: if your spouse or partner is already working or studying in Canada and would like to continue, they must apply for an extension before their work or study permit expires.

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. This is especially true if they need a Temporary Resident Visa or an eTA to enter Canada.

If your spouse or partner can’t return to Canada, you must submit a new overseas sponsorship application.​

Does this means that she cannot leave Canada while her application is in process which means minimum one year, but according to her Visa she has to leave the country each 6 months.

Thank you for your help.

Link 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

 

[Emmieboo]

Hi,

My wife is on a Visitor visa in Canada living with me, we are applying for a sponsorship and I saw a strange statement when doing my research, can you please help me understand what does it mean exactly ?

Important information: if your spouse or partner is already working or studying in Canada and would like to continue, they must apply for an extension before their work or study permit expires.

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. This is especially true if they need a Temporary Resident Visa or an eTA to enter Canada.

If your spouse or partner can’t return to Canada, you must submit a new overseas sponsorship application.​

Does this means that she cannot leave Canada while her application is in process which means minimum one year, but according to her Visa she has to leave the country each 6 months.

Thank you for your help.

Link 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

She can leave but only for short periods as she is to be living with you. The downside of leaving is she is not guaranteed to be allowed back in, that is at the discretion of someone at the border. I was on a 6 month visitor visa and found it best to simply request to extend my visit, the extensions I got were each for a year with the current one ending in November but I’m likely to have residency by September.

 

[Krissh2179]

Hi,

My wife is on a Visitor visa in Canada living with me, we are applying for a sponsorship and I saw a strange statement when doing my research, can you please help me understand what does it mean exactly ?

Important information: if your spouse or partner is already working or studying in Canada and would like to continue, they must apply for an extension before their work or study permit expires.

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. This is especially true if they need a Temporary Resident Visa or an eTA to enter Canada.

If your spouse or partner can’t return to Canada, you must submit a new overseas sponsorship application.​

Does this means that she cannot leave Canada while her application is in process which means minimum one year, but according to her Visa she has to leave the country each 6 months.

Thank you for your help.

Link 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

Inland applicants are not supposed to leave the country as failure to successfully be allowed to enter Canada again will lead to application refusal. You can apply for an open work permit (OWP) with your application too (have to fill the forms relating to it and pay fees too), if she wishes to work. If her visitors visa expires before she receives her open work permit, then she will be on implied status pending results of an application. If the open work permit is refused (rarely happens), then she’ll be out of status and first needs to apply for restoration of status and reapply for the OWP. OWP usually takes 3-4 months from the time of submission of your application. Do note that if you apply for the PR application and OWP after her visitors visa expires, her application will be returned and not accepted until she restores her status. Your other option would be to apply for extension of her visitors visa within Canada (usually 30 days before expiry) stating that you plan to apply for a PR application but mostly people do the first suggested method, totally upto you. Just make sure she does not leave the country (even for a short duration as she risks her application every time she leaves) as there’s nothing you can do to change their decision (Inland applicants can’t even appeal).