If she crosses the border into Canada and tells them her planned visit is 3 weeks, how does she stay beyond that if we get married and apply for the open work permit? Can she just stay for up to 6 months without having to do anything?
Conjugal relation sponsorship questions
- Thread starter Spartan69
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Basically she can stay for whatever period of time the border guards stamp into passport, default is six months (which I think applies if they do not indicate a date). Beyond that will have to apply for extension.
Don't they always ask how long you plan to stay and stamp that in your passport? Would they be more likely to reject entrance if someone didn't define when they planned on leaving or said they planned on staying the full 6-months?
First, you do need to look into the authorization to travel / extended family bit I posted earlier. I'm not following closely how this works. (sorry this may not apply just realised different people asking questions)
As I understand: yes, they usually ask how long you plan to stay. But it is fairly rare that they limit the stay to the precise period of time the traveller states; they usually just give six months standard.
I hear and understand that right now they are more interested in covid-related plans - i.e. the required isolation etc.
They can reject but I don't think it's unusual for visitors from US to stay for several months. There's no magic, really - visiting and will leave acc to terms of entry. Don't show up with all worldly possessions. Have some money. Have rough plans to go back and/or a ticket. Plans can change later, that's not criminal.
Sure, people who don't come across as credible and say wildly inconsistent things (or inconsistent with how they're travelling, their stuff, etc) may have problems.
Thanks, I guess I'll have to have a look back at my wife's passport to verify but I thought the amount of time granted corresponded to whatever the date was we told them we'd be leaving.
Possible. I've checked the ones I have access to, and they just have the entry date. I admit not an expert on this - I know they can write in shorter validity but I think that's pretty rare circumstances.
If we got married we should immediately start the PR and open work permit, while she is here correct? I think you were talking about inbound. If we did that and got the paperwork sent away, do you know if we could go back to the States before the work permit and PR is approved and go get the rest of her belongings and would the fact that we are married and have sent away the forms, hold any weight at the border when explaining why we have her furniture? And do we admit then that she plans to stay until the PR is approved?
Again thank you so much for all your help. I so much appreciate all the questions you have answered for me.
You can't bring her furniture and household items until she has PR status. If you try to bring this stuff in earlier, you'll need to pay duty and taxes which will add up fast. Put these items in storage in the US. Once she has PR, you can bring them in duty-free and tax-free.
If you apply Inland, she must stay in Canada during the entire process or her application can be forfeit. If you apply Outland, she can travel, stay in Canada, or stay in the USA (as long as visitor visa rules are respected, its default 6 mos when you enter Canada or the USA, as a Canadian or American. Do not overstay!).
When I applied during the Harper admin, Inland applications took 3+ years and Outland took 8 months, so most of us opted towards the latter - work permits be damned. However, that is not the case anymore. I believe the application wait times are much more equivalent now!
If she at all wants to stay in the USA or visit the USA during the process, you would need to apply Outland.
What country is her passport from? You mentioned she is a US PR. Keep in mind I believe the country-specific application requirements are specific to her citizenship.
She is a permanent resident of USA. Since 3 years old.
Can she apply for an open work permit while visiting then go back to USA to wait?
How long does an outland PR take now?
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There is no option to apply for OWP for outland application. For inland application, she needs to live in Canada with you.
If an open work permit takes about 8 months and she is only allowed to visit up to 6months and cant leave Canada during the open work permit process, how would this work?
Thanks
She can extend her stay as a visitor while waiting for her OWP and in theroy she has implied status once she applied for OWP. But most suggested to extend her visitor status because in case the application is sent back, she would risk being out of status.
Before COVID, OWP wait was 4 months.