Would this be a valid reason to extend visitor visa?

[Devmoo]

Hi guys, kind of a unique situation here, my girlfriend from the U.S.A of 5 years long distance (online and visits) has finally planned to be with me. We have a working holiday visa in place from an American program, that due to recent events has been heavily delayed (we expected to have it by now, but her 6 months of visitors are almost up, and no visa).

So I decided to take the plunge and get married, but here we are at 5 months' visitors and about 1 month left before she has to supposedly return to the U.S (during COVID time!). You could see how this could possibly be an issue, so I was wondering:

Is this a valid reason for the government to extend her visitor visa?: We plan to get married within the next month and start an application process for sponsorship. Our plans were delayed due to COVID.

Let me know what you think,
Thanks

 

[k.h.p.]

It *could be.* Some people here would advise you to pay for the spousal sponsorship now, in addition to the extension request, and submit that as proof of your intention to apply for inland sponsorship.

 

[Devmoo]

It *could be.* Some people here would advise you to pay for the spousal sponsorship now, in addition to the extension request, and submit that as proof of your intention to apply for inland sponsorship.

Hi, k.h.p thanks for the reply. We are not formally married yet, I am yet to propose and officially marry through the court (would hope to have this done before her 6 months are up) could I still pay for the spousal sponsorship now?

Thank you.

 

[k.h.p.]

Yes, because paying the fees and submitting the paperwork are completely different processes.

You will still need to meet all the other elements of a visitor's visa - financial capacity, ties home, etc. By stating that inland sponsorship is the intention of the extension you are flagging dual intent, so you will need to also state that the person will leave Canada if the PR application either (a) doesn't happen or (b) is refused...

 

[Devmoo]

Yes, because paying the fees and submitting the paperwork are completely different processes.

You will still need to meet all the other elements of a visitor's visa - financial capacity, ties home, etc. By stating that inland sponsorship is the intention of the extension you are flagging dual intent, so you will need to also state that the person will leave Canada if the PR application either (a) doesn't happen or (b) is refused...

Thank you for the insightful reply. I believe I understand.

Dual intent would mean the government is aware that our intention is not just her visiting anymore, but also planning to move permanently correct? and this is okay? Usually people say not to notify the government about things of that nature. But I guess this specific scenario it's okay, as long as she says she will leave if it is denied? Let me know if that's right. I can just pay through the Canada website correct? Without actually filling it out yet.

Thanks

 

[Islander216]

Maybe I missed this, are you a Canadian citizen or PR?

What's your status in Canada currently?

 

[k.h.p.]

Thank you for the insightful reply. I believe I understand.

Dual intent would mean the government is aware that our intention is not just her visiting anymore, but also planning to move permanently correct? and this is okay? Usually people say not to notify the government about things of that nature. But I guess this specific scenario it's okay, as long as she says she will leave if it is denied? Let me know if that's right. I can just pay through the Canada website correct? Without actually filling it out yet.

Thanks

That's correct regarding dual intent: someone can have the intent to both become a PR and be a visitor; they must demonstrate that they will respect the terms of a visitor's extension and therefore having another intent is not reason to be refused.

Yes, you can pay the PR fees separately. When you submit for PR, you include the receipt.

I must stress that this isn't a guaranteed way to get an extension, and the PR fees are $1,000+, so you should be confident in everything else before you go this way.

 

[Devmoo]

Maybe I missed this, are you a Canadian citizen or PR?

What's your status in Canada currently?

I am a Canadian citizen.

That's correct regarding dual intent: someone can have the intent to both become a PR and be a visitor; they must demonstrate that they will respect the terms of a visitor's extension and therefore having another intent is not reason to be refused.

Yes, you can pay the PR fees separately. When you submit for PR, you include the receipt.

I must stress that this isn't a guaranteed way to get an extension, and the PR fees are $1,000+, so you should be confident in everything else before you go this way.

Yes, I noticed it is quite costly for something that isn't guaranteed. I think we are going to just be honest with our situation (plan to marry very soon (before the visa expires), had her company that delayed her holiday visa, and need time to get the documents sorted out for the spousal sponsorship and hope for the best. We are quite anxious right now and hope it all goes well.

Thanks for the help.

 

[Devmoo]

It *could be.* Some people here would advise you to pay for the spousal sponsorship now, in addition to the extension request, and submit that as proof of your intention to apply for inland sponsorship.

One more thing regarding this, if I did actually want to go this route, how would I pay for the sponsorship without actually filling anything out? Is it an option to pay before doing the paperwork online?

Thank you

 

[Islander216]

I see, i think visitor visa extensions in these circumstances are dicey.

Because if you're in a relationship, and it looks quite clear that she wants to settle in Canada with you, then it's tough to convince an immigration officer to renew a temporary status for her.

Visitor visa extensions have a low probability of success in general.

I think your one option would be stating she wants to remain temporarily due to the risks presented by covid.

Also remember that as a Canadian citizen, you have the option to sponsor her for PR even if you're not residing in Canada.

 

[Devmoo]

Hi all, I have been filling out the application, there seems to be not a required message on your reasoning, do you guys think it'd work against me to provide reasoning as it's (optional).

Let me know, thanks

 

[k.h.p.]

Hi all, I have been filling out the application, there seems to be not a required message on your reasoning, do you guys think it'd work against me to provide reasoning as it's (optional).

Let me know, thanks

If you don't provide a reason you're most likely to be refused. A reason is somewhat essential.