Extend Visitor Record

[GustavesF]

I am a Canadian, and my wife is American. When we got married I moved her to Canada with me, and when she moved in we got a 1 year Visitor Record.

We started our application for sponsorship under family class, but since that requires far more than a year, we need to renew her Visitor Record.

We tried to do this online, but it always starts you out with a silly "eligibility determination" questionnaire that invariably sends me to the Family Class Sponsorship application package.

I already submitted my package, and there does not appear to be any obvious way to renew her Visa. What am I missing?

 

[Jalex23]

I am a Canadian, and my wife is American. When we got married I moved her to Canada with me, and when she moved in we got a 1 year Visitor Record.

We started our application for sponsorship under family class, but since that requires far more than a year, we need to renew her Visitor Record.

We tried to do this online, but it always starts you out with a silly "eligibility determination" questionnaire that invariably sends me to the Family Class Sponsorship application package.

I already submitted my package, and there does not appear to be any obvious way to renew her Visa. What am I missing?

By "American" you mean a US citizen?

Anyway.... I would think you are not filling in correctly the smart "eligibility determination" questionnaire, I just did it and you get to "extend your stay as a visitor" in 5 screens:

- What would you like to do in Canada? Visit
- How long are you planning to stay in Canada? : How long are you planning to stay in Canada? more than six months
- What is the country of nationality of your passport? United States
- What is your current country of residence? Canada
- Do you have a family member who is a Canadian citizen or permanent resident and is 18 years or older? Yes

- What is your current immigration status in Canada? Visitor

After that a few more screens and then the option appears at the bottom of the screen under "Family Class: Spouses... .... ... "

 

[GustavesF]

Yes, US Citizen.

I had been filling in my intention was to "live in Canada", because that's what the intention is, and we've already filed the appropriate paperwork to do so.

But.... since the website has poor design I suppose I'm forced to mislead it by stating I want to just be a visitor.

Does this damage our credibility to CIC, seeing that we obviously don't just want to "visit"?

 

[Jalex23]

I had been filling in my intention was to "live in Canada", because that's what the intention is, and we've already filed the appropriate paperwork to do so.

Your intention for EXTENDING YOUR VISIT is not to LIVE IN CANADA. Your intention for extending your stay is to remain as a visitor while your wait for other applications to conclude.

But.... since the website has poor design I suppose I'm forced to mislead it by stating I want to just be a visitor.

Not misleading at all. This application is to remain as VISITOR. Your PR application is to LIVE IN CANADA. Two different process, that although related have different purposes.

In your application you will have to write down the UCI you got when the AOR was recieved, as well in the letter of explanation you will have to justify the petition. Your reason will have to be to wait for the filed application to finalize.

Does this damage our credibility to CIC, seeing that we obviously don't just want to "visit"?

You obviously want to visit. It wouldn't make sense to try to extend a vistor status to live in Canada. They are mutually exclusive.

 

[GustavesF]

Your intention for EXTENDING YOUR VISIT is not to LIVE IN CANADA. Your intention for extending your stay is to remain as a visitor while your wait for other applications to conclude.

Not misleading at all. This application is to remain as VISITOR. Your PR application is to LIVE IN CANADA. Two different process, that although related have different purposes.

In your application you will have to write down the UCI you got when the AOR was recieved, as well in the letter of explanation you will have to justify the petition. Your reason will have to be to wait for the filed application to finalize.

You obviously want to visit. It wouldn't make sense to try to extend a vistor status to live in Canada. They are mutually exclusive.

Ah, I see. Perhaps I should just go in and get it renewed at the border.

I don't have a UCI, because I never got an AOR, because I filed my package a mere 10 months ago, and CIC is too lazy to open any mail that isn't 14 months old at the moment.

 

[Jalex23]

Ah, I see. Perhaps I should just go in and get it renewed at the border.

That is another option.

Just be aware that a visitor is not supposed to be living in Canada. For example if for the last year you have spent more than 7 months in Canada (more than half) it would be a red flag for the CBSA officer as you are "no longer visiting" and obviously abusing the "visitor" status.

It is not as easy as "I have complied, and not overstayed", as CBSA officers are also into enforcing no abuse of the law and can (have done) refused entry to the country. There is no saying in what will happen, maybe the CBSA officer will be in a "life is beautiful" mood and let her pass no questions asked or in a "I had a bad muffin for breakfast" and give hell to anyone trying to cross.

IMO either your wife can go back to the USA and stay there for three-four months and then come back, or you can file for an extension (the correct way to do it).

I don't have a UCI, because I never got an AOR, because I filed my package a mere 10 months ago, and CIC is too lazy to open any mail that isn't 14 months old at the moment.

Really? Usually AOR are sent in the first 90 days. This is how you know your package wasn't lost in the mail, and that at least it is in the waiting queue.

Anyway, if no UCI is available you can write this down in the letter of explanation.

 

[GustavesF]

That is another option.

Just be aware that a visitor is not supposed to be living in Canada. For example if for the last year you have spent more than 7 months in Canada (more than half) it would be a red flag for the CBSA officer as you are "no longer visiting" and obviously abusing the "visitor" status.

Her Visitor Record states a condition that she must leave Canada after 1 year, not 6 months, so why exactly should she have to leave before spending 7 months in Canada?
The officer who issued the Visa even noted on her Visitor Record that we'd be filing for family class sponsorship in early 2014.
This is the same officer who we declared her moving-van full of belongings to, and listed her vehicle on a goods-to-follow form for us.

It was very clear that the visitor status she received was explicitly because she was moving to Canada while filing her papers, which was a process that the customs officer explained to us.

So unless he was very mistaken, I don't believe there should be any flags of any sort.

It is not as easy as "I have complied, and not overstayed", as CBSA officers are also into enforcing no abuse of the law and can (have done) refused entry to the country. There is no saying in what will happen, maybe the CBSA officer will be in a "life is beautiful" mood and let her pass no questions asked or in a "I had a bad muffin for breakfast" and give hell to anyone trying to cross.

IMO either your wife can go back to the USA and stay there for three-four months and then come back, or you can file for an extension (the correct way to do it).

I'm still not sure what law you think it is we've broken. It's true that entry is never guaranteed.

I'm trying to file for an extension, I have no intention of sending her away for 4 months. We applied inland. Are you saying that I shouldn't do this at the border? When we got the Visitor Record they said we could renew it at the border or online, but online might be easier.

Really? Usually AOR are sent in the first 90 days. This is how you know your package wasn't lost in the mail, and that at least it is in the waiting queue.

Anyway, if no UCI is available you can write this down in the letter of explanation.

Apparently CIC is taking a break for 2014. They're very tired. I had my MP's office force a check on my application and it is in fact at CIC.

 

[GustavesF]

Well, my issue is resolved.

Don't bother renewing Visitor Records online, it's just a ridiculous procedure.

We just went to Canada Customs and Border Protection, gave an officer our old Visitor Record, told him that we applied for permanent residence and are waiting for CIC to reply. He briefly looked at our receipt, expressed some sympathy that we had been waiting so long for CIC, and gave us a new 1-year Visitor Record.

Applying at the border is free, takes about 10 minutes, and you can just tell them exactly what you're doing. I encourage everyone to renew their visitor records in person.

 

[raoshri]

Hi,

What stage of PR did your application reach, for you to be eligible to apply, for a Visitor Record extension?

My child is a US passport holder, but he got a 2 month visitor record, just 2 weeks back when we came to Canada.

I am on a Work Permit (TRV visa) expiring in late 2016, and still have not applied for PR.

Is it possible for me to apply for PR now and apply for Visitor record extension for my child, in 1 and half months?

Thanks