Can I travel, if I get a visitor's extension?

[Lyse]

Hi everyone. I'm in the process of family sponsorship application waiting for PR (outland), and I'm currently visiting my husband in Canada.
We are planning to go back to my home country for his vacation, but I'm afraid Canada wouldn't let me back in.
So I was wondering, do you think I could apply to extend my visit because I'm in process for family sponsorship, and have an easier time coming back to Canada if approved?
I know you're supposed to just tell the officers that you're there visiting while your application is coming through, and it shouldn't be a big issue if you're also from a visa-exempt country which I am, but since my current stay will be at just under 6 months, I wonder if they'd not want to let me back in unless I had an extension already... but maybe traveling after receiving a visitor's extension in the meanwhile would annul the extension?

Hope I made any sense and someone has some advice :/
Thanks!

 

[Ponga]

When you leave Canada, your visitor status leaves with you, meaning that any remaining days left on your extension would `disappear'. You would be assessed all over again by CBSA when you seek re-entry.

FWIW, most visa-exempt foreign nationals that have an active spousal sponsorship application in process are successful, BUT...you must understand what Dual Intent is and how you can be prepared to answer any questions from CBSA.

http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp

If you plan to return after September 28th, you'll need an eTA.

 

[frege]

Hi everyone. I'm in the process of family sponsorship application waiting for PR (outland), and I'm currently visiting my husband in Canada.
We are planning to go back to my home country for his vacation, but I'm afraid Canada wouldn't let me back in.
So I was wondering, do you think I could apply to extend my visit because I'm in process for family sponsorship, and have an easier time coming back to Canada if approved?
I know you're supposed to just tell the officers that you're there visiting while your application is coming through, and it shouldn't be a big issue if you're also from a visa-exempt country which I am, but since my current stay will be at just under 6 months, I wonder if they'd not want to let me back in unless I had an extension already... but maybe traveling after receiving a visitor's extension in the meanwhile would annul the extension?

Hope I made any sense and someone has some advice :/
Thanks!

Your extension won't be valid if you leave the country.

If you are at all concerned about being allowed back into Canada, carry proof of his income in Canada and his and your bank statements. The purpose of this is to show that together, you have enough resources that you will not be tempted to work in Canada illegally, even if you are spending a lot of time there.

When you return to Canada, you can, if you prefer, ask for more than six months instead of applying for an extension later. I would base the decision on the published processing times for your visa office. One advantage of this route is that you'll get a "visitor record" (form IMM 1442) with which you are entitled to open a bank account, for instance, and possibly get a driver's licence, depending on the province. The earlier you get a Canadian licence, the lower your insurance costs will be later on.

 

[Lyse]

Alright, so it is as I thought - it'd be redundant to get a visitor's extension.
Does any of you think though that me having been here just under 6 months prior to returning could affect if the officer will let me back in? Would it be seen as if I'm living here illegally?
I would also have no ties when returning, so I suppose that could be seen as an issue. How do you prove you don't intend to stay past your visit, if you don't get PR? :/

 

[frege]

Alright, so it is as I thought - it'd be redundant to get a visitor's extension.
Does any of you think though that me having been here just under 6 months prior to returning could affect if the officer will let me back in? Would it be seen as if I'm living here illegally?
I would also have no ties when returning, so I suppose that could be seen as an issue. How do you prove you don't intend to stay past your visit, if you don't get PR? :/

As long as you don't work or study illegally and leave when required, you are acting in a perfectly legal manner, regardless of whether you are "living" in Canada. The significance of spending a lot of time in Canada is only indirect - it raises the level of scrutiny when you enter the country, because visitors who stay a long time have a higher likelihood of working illegally.

You are right that there is no absolute way to prove that you intend to leave the country. So making a good impression on the CBSA officer (i.e., appearing honest) is important. That being said, based on reports here on the forum, most people from visa-exempt countries seem to be successful. And having a PR application underway helps.

Here is what operational manual ENF 4 says on this situation:

14 Dual Intent

Subsection A22(2) states that the intention of a foreign national to become a permanent
resident does not preclude them from becoming a temporary resident if the border services
officer is satisfied that they will leave Canada by the end of the period authorized for their
stay.
A person’s desire to await the outcome of an application for permanent residence from
within Canada may be legitimate and should not automatically result in the decision to
refuse entry. A border services officer at Immigration Secondary should distinguish between
such a person and an applicant who has no intention of leaving Canada if the application is
refused.
In rendering a decision, the border services officer should consider
 the length of time required to process the application for permanent resident status;
 the means of support;
 obligations and ties in the home country;
 the likelihood of the applicant leaving Canada if the application is refused; and
 compliance with the requirements of the Act and Regulations while in Canada.
In some cases, the border services officer may wish to issue a Visitor Record form
[IMM 1097B] documenting the details of the trip for control purposes and provide thorough
counselling regarding the conditions of entry. In cases where the applicant has already
received a favourable recommendation for permanent resident status, the duration of time
authorized at the POE should match the time required to complete the processing of the
application.

Source: http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf

Ultimately, you can't entirely control what the border guard will do, but be honest about your circumstances and things will probably work out. If you only want six months, say you're visiting your husband and wait to see if there are any more questions. In all likelihood there won't be, especially if you have a (possibly open or modifiable) return ticket.

 

[Lyse]

Thank you for replies! Yes, I do indeed have a return ticket, so this will of course help to prove I intend to return. Here's for hoping I make it back into the country in September .

 

[frege]

Thank you for replies! Yes, I do indeed have a return ticket, so this will of course help to prove I intend to return. Here's for hoping I make it back into the country in September .

Good luck. Report back if you like.

 

[canadianwoman]

It should be fine. People from countries that do not need a visa to enter Canada are usually let in with no problems. Have a return ticket, and bring proof you have applied for a PR visa (such as the sponsorship approval, the fee receipt, etc.). You have to be clear that you are just visiting until you get your PR, and will leave if it is refused. Almost all applicants in your situation are let back in however.