My girlfriends visitor visa (she's from US), has expired 5 days ago, but we have a pending extension.

[Devmoo]

Hi there, so about 35 days ago, me and my girlfriend applied for a visitor visa extension, but obviously due to COVID they said it would take around 100 something days. I may have misinterpreted some of the Canada website, but what I got was that if the application is pending she has implied status.

My co-workers told me that they think that's not the case, that if they don't reply to the application before her 6 months are up, she must leave (before the 6 months are up). To be honest, she is my fiance and I engaged to her about a month ago, I want to marry her and don't plan on her leaving at all. With COVID I'm afraid I won't get to see her for another year. We've been trying to close the distance for 5 years.

Can somebody tell me if
1. This is in fact the case (she does NOT have implied after her 6 month period, if on visitor application)
2. And if this is the case, what are my best options now?

One of my coworkers said to just go through with the marriage and sponsorship, but I'm worried about when the application asks how long shes been here/why she's here.

What can we do? Desperate for some help here, I don't want to break the law. I saw a Canadian government article regarding some extensions for people here during covid, does this apply to us?: https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/restoration-extension.html what is this "restoration"?

Thank you all!

 

[21Goose]

Your co-workers are incorrect. If you applied for an extension before her visa expired, she has implied status and the right to stay till you get a decision on her case.


Here is the official statement: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html


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.

 

[scylla]

Hi there, so about 35 days ago, me and my girlfriend applied for a visitor visa extension, but obviously due to COVID they said it would take around 100 something days. I may have misinterpreted some of the Canada website, but what I got was that if the application is pending she has implied status.

My co-workers told me that they think that's not the case, that if they don't reply to the application before her 6 months are up, she must leave (before the 6 months are up). To be honest, she is my fiance and I engaged to her about a month ago, I want to marry her and don't plan on her leaving at all. With COVID I'm afraid I won't get to see her for another year. We've been trying to close the distance for 5 years.

Can somebody tell me if
1. This is in fact the case (she does NOT have implied after her 6 month period, if on visitor application)
2. And if this is the case, what are my best options now?

One of my coworkers said to just go through with the marriage and sponsorship, but I'm worried about when the application asks how long shes been here/why she's here.

What can we do? Desperate for some help here, I don't want to break the law. I saw a Canadian government article regarding some extensions for people here during covid, does this apply to us?: https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/restoration-extension.html what is this "restoration"?

Thank you all!

Your coworker is misinformed. Recommend you don't go to this person for any further immigration-related advice. They don't know what they are talking about.

She has implied status and is fine to remain in Canada.

 

[Devmoo]

Your co-workers are incorrect. If you applied for an extension before her visa expired, she has implied status and the right to stay till you get a decision on her case.


Here is the official statement: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html


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.

Thank you, that lifted a big weight off my chest. It seems like they will take so long to reply, it might be the extension in itself lol! Cheers.