Vistor Extension and Spousal PR Questions

[Naomi.]

I'm waiting for my marriage certificate to be processed and sent out, and it's been about a month and a half since I sent the application.
My visitor visa expires around the end of March, and I wasn't able to get the usual 6 months visitor visa because I was flagged.
I read that a visitor visa should be applied 30 days before my current status expires (I came back to Canada on December 26 2019). That being said, it means I should be applying soon.

Therefore, I had several questions regarding the visitor extension:

1. Is it guaranteed that I will be granted the visitor extension?
2. How long can I extend the visa?
3. Is this a valid reason to apply for an extension?
4. I will be applying online, so will my application be approved quickly?

I'm not sure if this section of the forums are able to answer this question, if not then I can post it separately in the family class sponsorship section.
5. After receiving my marriage certificate, I will be applying for Spousal PR. During the processing of Spousal PR, will I be given an implied status if I applied inland?

 

[canuck_in_uk]

I'm waiting for my marriage certificate to be processed and sent out, and it's been about a month and a half since I sent the application.
My visitor visa expires around the end of March, and I wasn't able to get the usual 6 months visitor visa because I was flagged.
I read that a visitor visa should be applied 30 days before my current status expires (I came back to Canada on December 26 2019). That being said, it means I should be applying soon.

Therefore, I had several questions regarding the visitor extension:

1. Is it guaranteed that I will be granted the visitor extension?
2. How long can I extend the visa?
3. Is this a valid reason to apply for an extension?
4. I will be applying online, so will my application be approved quickly?

I'm not sure if this section of the forums are able to answer this question, if not then I can post it separately in the family class sponsorship section.
5. After receiving my marriage certificate, I will be applying for Spousal PR. During the processing of Spousal PR, will I be given an implied status if I applied inland?

The 30 days is a recommendation, not a requirement. You can apply up until your status expires.

1. Of course not.

2. There is no set time you can extend.

3. Applying for spousal sponsorship is a valid reason. I suggest paying the PR fees in full and including the receipt.

4. No. Current processing time is somewhere around 3-4 months.

5. The OWP included with the inland app is what gives status. It depends on when the app is submitted.

 

[Naomi.]

The 30 days is a recommendation, not a requirement. You can apply up until your status expires.

1. Of course not.

2. There is no set time you can extend.

3. Applying for spousal sponsorship is a valid reason. I suggest paying the PR fees in full and including the receipt.

4. No. Current processing time is somewhere around 3-4 months.

5. The OWP included with the inland app is what gives status. It depends on when the app is submitted.

Thanks for your quick reply!

If you don't mind me asking you some more questions, sorry for not clarifying some of my questions.

1. For the duration of extending my visit, because you stated that there is no set time I can extend; what exactly does that mean? Does that mean that the people processing my visitor visa application choose the set date?

2. Why do you suggest paying the PR in full? Is there a specific reason as to why I should? I planned on paying it in full, I was just curious as to why.

3. Since you mentioned the current processing time is somewhere around 3-4 months, I'm assuming that's for the PR. I thought I had to mail everything to a specific address. I can apply for that online?

4. I meant the processing time for the extension of the visitor visa. Will that application go through quickly?

5. Regarding the OWP, is it possible to submit an outland application, and travel back and forth from the U.S. to Canada for work purposes while my application is being process? Or would it be better if I submit an OWP so that I'm allowed to work in Canada?

 

[canuck_in_uk]

Thanks for your quick reply!

If you don't mind me asking you some more questions, sorry for not clarifying some of my questions.

1. For the duration of extending my visit, because you stated that there is no set time I can extend; what exactly does that mean? Does that mean that the people processing my visitor visa application choose the set date?

2. Why do you suggest paying the PR in full? Is there a specific reason as to why I should? I planned on paying it in full, I was just curious as to why.

3. Since you mentioned the current processing time is somewhere around 3-4 months, I'm assuming that's for the PR. I thought I had to mail everything to a specific address. I can apply for that online?

4. I meant the processing time for the extension of the visitor visa. Will that application go through quickly?

5. Regarding the OWP, is it possible to submit an outland application, and travel back and forth from the U.S. to Canada for work purposes while my application is being process? Or would it be better if I submit an OWP so that I'm allowed to work in Canada?

1. Yes, IRCC can choose the date. You can ask for whatever amount of time you want but it's up to them.

2. It will support that you are applying for the extension because you actually intend to apply for sponsorship.

3 and 4. No, I am not referring to PR processing time. You asked about the visitor extension processing time, so that is what I am talking about: 3-4 months. PR is a year. https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html

5. You must apply inland to qualify for the OWP. There is only so much that you can travel back and forth. CBSA doesn't like people living in Canada as visitors, so if you are crossing often, you could eventually be refused.

 

[Naomi.]

1. Yes, IRCC can choose the date. You can ask for whatever amount of time you want but it's up to them.

2. It will support that you are applying for the extension because you actually intend to apply for sponsorship.

3 and 4. No, I am not referring to PR processing time. You asked about the visitor extension processing time, so that is what I am talking about: 3-4 months. PR is a year. https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html

5. You must apply inland to qualify for the OWP. There is only so much that you can travel back and forth. CBSA doesn't like people living in Canada as visitors, so if you are crossing often, you could eventually be refused.

Just to confirm, the deadline for me to leave Canada is by the end of March. If I were to apply for an extension that will take 3-4 months to process, during those months, will I be on an implied status? Meaning I'll be able to stay in Canada?

Also, if I were to submit an inland application with the OWP, do you know approximately how long it would take for the OWP to process?

 

[canuck_in_uk]

Just to confirm, the deadline for me to leave Canada is by the end of March. If I were to apply for an extension that will take 3-4 months to process, during those months, will I be on an implied status? Meaning I'll be able to stay in Canada?

Also, if I were to submit an inland application with the OWP, do you know approximately how long it would take for the OWP to process?

Yes, you can stay.

About 4 months.

 

[Naomi.]

Yes, you can stay.

About 4 months.

Sorry for the late reply, and thanks for answering my questions. I have a couple more questions if you don't mind me asking.

1. How will I know when I have the implied status? Is it something I can check online?

2. Do you know how long the implied status will take for it to be given to me? For instance, I apply for an extension on February 24, and I won't receive the implied status for a month or so. Will it take a couple of weeks until I see my implied status? I'm worried that my visitor visa is going to expire before I receive my implied status. Sorry if it was a confusing explanation. My visitor visa expires on March 24, so I need to apply ASAP.

3. I'm still waiting for my marriage certificate to arrive by mail. At this point, I'm not sure if it would be better to wait for the certificate and apply for a PR and OWP, so an implied status can be given to me. Or if I should still apply for a visitor extension. What would you recommend?

 

[canuck_in_uk]

Sorry for the late reply, and thanks for answering my questions. I have a couple more questions if you don't mind me asking.

1. How will I know when I have the implied status? Is it something I can check online?

2. Do you know how long the implied status will take for it to be given to me? For instance, I apply for an extension on February 24, and I won't receive the implied status for a month or so. Will it take a couple of weeks until I see my implied status? I'm worried that my visitor visa is going to expire before I receive my implied status. Sorry if it was a confusing explanation. My visitor visa expires on March 24, so I need to apply ASAP.

3. I'm still waiting for my marriage certificate to arrive by mail. At this point, I'm not sure if it would be better to wait for the certificate and apply for a PR and OWP, so an implied status can be given to me. Or if I should still apply for a visitor extension. What would you recommend?

1. and 2. There is nothing you can check online. You don't receive any confirmation of Implied Status. You apply for the extension before your status expires and you have Implied Status after it expires.

3. Regardless, you should still apply for the visitor extension because if you don't and your PR/OWP app is returned after your current status expires, you are out of status.

 

[Naomi.]

1. and 2. There is nothing you can check online. You don't receive any confirmation of Implied Status. You apply for the extension before your status expires and you have Implied Status after it expires.

3. Regardless, you should still apply for the visitor extension because if you don't and your PR/OWP app is returned after your current status expires, you are out of status.

I see.. is there any proof that I'm able to provide if anything were to occur and I need to show/verify my implied status?

Also, because my vistor visa expires on March 24, if I were to apply for an extension and say I receive an implied status of 3 months. So that means my implied status ends on June 24. But I'm waiting for the OWP to process, and if that were to take 4 months, meaning I receive it on July 24, would that mean I must leave Canada?

 

[canuck_in_uk]

I see.. is there any proof that I'm able to provide if anything were to occur and I need to show/verify my implied status?

Also, because my vistor visa expires on March 24, if I were to apply for an extension and say I receive an implied status of 3 months. So that means my implied status ends on June 24. But I'm waiting for the OWP to process, and if that were to take 4 months, meaning I receive it on July 24, would that mean I must leave Canada?

There is no confirmation given for Implied Status. You can show the IRCC guidelines on Implied Status but that's about it.

You don't receive a set time of Implied Status. Implied Status ends when the extension app is either approved or refused. If you apply for both the visitor extension and the OWP before your current status expires, you will have Implied Status from both.

 

[Naomi.]

There is no confirmation given for Implied Status. You can show the IRCC guidelines on Implied Status but that's about it.

You don't receive a set time of Implied Status. Implied Status ends when the extension app is either approved or refused. If you apply for both the visitor extension and the OWP before your current status expires, you will have Implied Status from both.

Okay, I understand now! Thank you so much for your help

One last question. I read that it's best if I were to submit the application for the OWP the same time I submit the PR application. However, I want to receive the OWP as soon as possible. Will there be any complications if I were to submit the OWP online, rather than submitting it together with my PR application? Would applying for the OWP online speed up my application?

 

[canuck_in_uk]

Okay, I understand now! Thank you so much for your help

One last question. I read that it's best if I were to submit the application for the OWP the same time I submit the PR application. However, I want to receive the OWP as soon as possible. Will there be any complications if I were to submit the OWP online, rather than submitting it together with my PR application? Would applying for the OWP online speed up my application?

There is no speeding it up. You do not qualify to apply online, so it would be refused. You need to apply by paper with the PR app.

 

[Naomi.]

There is no speeding it up. You do not qualify to apply online, so it would be refused. You need to apply by paper with the PR app.

Thanks again for everything! You were really helpful. That's all the questions I have for the meantime.

 

[Scorpion80]

detail conversation thanks both of you