Do you need to apply for extension?

[Nigea]

Hello
I am a Canadian citizen and getting married in Nov. My fiancee is visiting me now and has a permit until Jan 9, 2013. We are applying for inland PR right after the wedding. Should he apply for an extension or is not necessary due to the fact that he applied for PR before the Jan 9 deadline?

Thank you for your input.

 

[parker24]

Hello
I am a Canadian citizen and getting married in Nov. My fiancee is visiting me now and has a permit until Jan 9, 2013. We are applying for inland PR right after the wedding. Should he apply for an extension or is not necessary due to the fact that he applied for PR before the Jan 9 deadline?

Thank you for your input.

He would still need to apply for an extension so that he can legally be in Canada But you don't need to worry about applying for the extension until Dec, 30 days before it expires.

 

[Nigea]

On CIC website it says

Maintaining legal status

Spouses and common‑law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are no longer required to have legal immigration status provided that they have an eligible sponsor. All other eligibility requirements continue to apply.

Does this not mean he does not have to apply for extension but has implied status.

 

[SIG]

Hi Nigea.
I just pulled that up on the CIC site and in reading, I understand it to mean that once you are approved as sponsor, he will then not have to apply for visitor extension. Until then he will have to.

 

[parker24]

Hi Nigea.
I just pulled that up on the CIC site and in reading, I understand it to mean that once you are approved as sponsor, he will then not have to apply for visitor extension. Until then he will have to.

That'd be correct. I think the first stage for inland is 10 months now?

 

[collectskulls]

so if sponsorship is approved you do not need a visa to be in Canada?

 

[Nigea]

I also read this

With an inland application, one generally files the OWP with the application and this provides implied status while the inland application is in process.

So to be on the safe side you would suggest he apply for extension or if he sends in OWP you don't need to???

 

[SIG]

so if sponsorship is approved you do not need a visa to be in Canada?

so if sponsorship is approved you do not need a visa to be in Canada?

Did you require a visitors visa prior to entering Canada? Not all countries need this. If so I am not 100% sure..sorry.

However....CIC Inland reads:

Maintaining legal statusSpouses and common‑law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are no longer required to have legal immigration status provided that they have an eligible sponsor. All other eligibility requirements continue to apply.

 

[tamarindball]

This is great but it only applies to inland processing unfortunately as you mentioned

 

[OhCanadiana]

On CIC website it says

Maintaining legal status

Spouses and common‑law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are no longer required to have legal immigration status provided that they have an eligible sponsor. All other eligibility requirements continue to apply.

Does this not mean he does not have to apply for extension but has implied status.

That just means that he is eligible to apply even if he is out of status at the time of applying (and there are similar statements for inland applications covering the moment when the CoPR is issued). It does NOT mean that he gets implied status by applying for PR.