Is there a way to stay with my wife in Canada ??? She is pregnant !!

[YOON8191]

Hi. I'm currently working in Canada as a WP holder based on LMIA.

My story could be a little bit complicated...
My wife and I came to the Canada as an open work permit holders (working holiday) in 2019.

Before the holiday permits were expired, my representative applied another WP because we got draws of invitation for PNP (Aug, 2020)
and he believed we could get provincial nominee, but it was refused. (Oct, 2020)

We stayed as implied status till the results back, before those results back representative applied for visitor visa for my wife and me. (Jan, 2021)

Finally I got WP, and it was NOC C level code which was given to me. (Mar, 2021)

My wife's visitor approval was arrived and she got only 1 month to stay, she has to leave till 25, Aug.
We got the border to extend her visa but it was refused.

The agent told me she has to prove the reason she applied it was "in process of PNP, will apply for LMIA"
She was in process of PNP, it is right. But she has never been applied for WP on LMIA!
Even there was no any plans like that.

I asked to who was my representative "Why did you write down the reason like that?"
The answer was "Because she is your wife! Your reason is also your wife's reason! It isn't a problem! We did it right! Just you were unlucky at the border!"

WTF?

My wife is 7 week pregnant and I really need to find a way to stay with my wife and baby till the my WP expired.
Or, Just help me how to let her get a plane at least 1~2 month after when she is 14 week pregnant !
She really really needs to be stable to keep herself and baby safely.
About 20 hrs flight will be affected to them!!

I'm really appreciate for reading this and I hope someone could share how to solve this kind of situation......
Thank you so much!

 

[scylla]

Hi. I'm currently working in Canada as a WP holder based on LMIA.

My story could be a little bit complicated...
My wife and I came to the Canada as an open work permit holders (working holiday) in 2019.

Before the holiday permits were expired, my representative applied another WP because we got draws of invitation for PNP (Aug, 2020)
and he believed we could get provincial nominee, but it was refused. (Oct, 2020)

We stayed as implied status till the results back, before those results back representative applied for visitor visa for my wife and me. (Jan, 2021)

Finally I got WP, and it was NOC C level code which was given to me. (Mar, 2021)

My wife's visitor approval was arrived and she got only 1 month to stay, she has to leave till 25, Aug.
We got the border to extend her visa but it was refused.

The agent told me she has to prove the reason she applied it was "in process of PNP, will apply for LMIA"
She was in process of PNP, it is right. But she has never been applied for WP on LMIA!
Even there was no any plans like that.

I asked to who was my representative "Why did you write down the reason like that?"
The answer was "Because she is your wife! Your reason is also your wife's reason! It isn't a problem! We did it right! Just you were unlucky at the border!"

WTF?

My wife is 7 week pregnant and I really need to find a way to stay with my wife and baby till the my WP expired.
Or, Just help me how to let her get a plane at least 1~2 month after when she is 14 week pregnant !
She really really needs to be stable to keep herself and baby safely.
About 20 hrs flight will be affected to them!!

I'm really appreciate for reading this and I hope someone could share how to solve this kind of situation......
Thank you so much!

Some of the details of your story aren't very clear, however it sounds like your wife has been allowed to remain in Canada until August 25th.

If that is correct, you should apply for an extension from within Canada and make sure the extension application reaches IRCC before her allowed stay ends on August 25th.

Going to the border to ask for an extension wasn't a good idea. This is generally a much more difficult way to try to get your stay extended. The much better option is to apply for an extension from within Canada.

 

[YOON8191]

Some of the details of your story aren't very clear, however it sounds like your wife has been allowed to remain in Canada until August 25th.

If that is correct, you should apply for an extension from within Canada and make sure the extension application reaches IRCC before her allowed stay ends on August 25th.

Going to the border to ask for an extension wasn't a good idea. This is generally a much more difficult way to try to get your stay extended. The much better option is to apply for an extension from within Canada.

Thank you for your reply!!
I thought that story might be helpful to describe my situation so I tried but it doesn't maybe
However you caught what I'm asking !
IF she applied extension to the expiry date of mine, it could be approved..?
and...What happens if her extension is refused? She has to go back to the home country shortly then??

 

[canuck78]

Thank you for your reply!!
I thought that story might be helpful to describe my situation so I tried but it doesn't maybe
However you caught what I'm asking !
IF she applied extension to the expiry date of mine, it could be approved..?
and...What happens if her extension is refused? She has to go back to the home country shortly then??

You should expect that her extension is likely to be refused. The one month extension was essentially for her to leave the country. Are you aware that she may not have healthcare coverage and may need to pay for care out of pocket?

 

[scylla]

Thank you for your reply!!
I thought that story might be helpful to describe my situation so I tried but it doesn't maybe
However you caught what I'm asking !
IF she applied extension to the expiry date of mine, it could be approved..?
and...What happens if her extension is refused? She has to go back to the home country shortly then??

Normally extensions are granted for a maximum of 6 months.

If she is refused then she is expected to leave Canada within 30 days.

 

[YOON8191]

You should expect that her extension is likely to be refused. The one month extension was essentially for her to leave the country. Are you aware that she may not have healthcare coverage and may need to pay for care out of pocket?

Yes I know she needs a Healthcare coverage we are looking for ways to solve this probably we should go back to our country few months later.... I'm trying to apply another PR program like AIP but it is not sure at this time haha
Thank you so much anyway!!!

 

[YOON8191]

Normally extensions are granted for a maximum of 6 months.

If she is refused then she is expected to leave Canada within 30 days.

Thank you!!!!!
I really appreciate your reply!!!