extended stay??????

[jigger]

i have a friend, he is a temporary foreign worker and under low skilled pilot and recently got married to a canadian, the situation is, his work permit will expire on september 2009, he just want to know what is his option or what should he do to extend his stay.. thanks!!!

 

[RobsLuv]

He needs to apply to extend his stay - but he will have to extend as a visitor. If he's being sponsored by his new spouse for PR (which he should be) he has a couple of options for extending his stay depending on whether he's going to file an inland or an outland PR application. That's a whole other decision that depends on where he's from, etc. The most important part is that the extension application has to be received by CIC BEFORE his current status expires, so he has a little bit of time to decide, but (either way) he should be ready to submit the PR application prior to expiration of his status so that he has all options available to him to do things properly.

 

[jigger]

so, if he changed his status as visitor and his wife applied for PR via inland, how long does it take for the processing of his papers? how can he get an open work visa?

 

[Leon]

If their application is rock-solid, he may get a work permit in 5-6 months.

 

[RobsLuv]

so, if he changed his status as visitor and his wife applied for PR via inland, how long does it take for the processing of his papers? how can he get an open work visa?

If they have time to get the inland PR application pulled together before his status expires in September, they should include the extension application WITH the inland PR application (with the "work permit" option checked and the $150 fee included) and that will give him "implied status" to remain in Canada until they finish assessing the first stage of the approval process and issue Approval in Principle (AIP). (Be sure to track the mailing and get delivery confirmation so he has proof that he's extended his status). Once they finish assessing the first stage, they will issue an open work permit (OWP) - which is currently taking at least 6-7 months . . . but if there are any other issues with the application, it will be transferred to a local office (and be subjected to their timeline) BEFORE AIP. So there is never a guarantee of an OWP within the timeframe for first stage approval - however, he would at least have legal temporary status for however long it took to finally get AIP. Inland applications overall take 12-18 months to finalize - sometimes longer if the file has to be transferred for "special handling".

The other option is to file an outland PR application - again, before his status expires in September - but apply for an extension to this temporary status (to a visitor) separately from the PR application. Again, this gives him implied status to remain in Canada until a decision is made on the extension (about 100 days) and, in the meantime, the PR application is in process and, depending on which visa office is processing, could be finalized in about as much time as it would take for an inland application just to get to first stage approval. There are a couple of advantages to outland over inland processing: one is that the outland application gives the right of appeal for a refusal, which you don't get if you file inland. The other is that the outland application does not have a residency requirement, so the applicant can leave Canada (if they need to) during processing and it won't affect approval. The downside is that the outland process happens overseas, and if an interview is required to verify the genuine relationship, it will happen at the overseas visa office and the applicant will have to attend there . . . which means he might not be readmitted to Canada if he has to leave for an interview. Generally, if an applicant is from a non-visa-exempt country, the inland process is usually the best one when a couple wants assurance that they will be able to stay together while the application is finalizing.

 

[easylover]

RobsLuv, what to you mean the outland application for permanent resident permit does not have a residency requirement?

 

[Leon]

RobsLuv, what to you mean the outland application for permanent resident permit does not have a residency requirement?

It means that with outland he doesn't have to stay in Canada, he can come and go. The problem with inland is that you have to stay in Canada for 1-2 years until it's completed.

 

[easylover]

Hi Leon., but if the sponsored person is a parent in one of your previous post you said there is no inland application they just have to apply for visa extensions; we applied for my dads sponsorship while he is visiting so I thought it would be an inland application and he may be restricted in travelling and would not have the option to appeals should there be a need

 

[Leon]

Hi Leon., but if the sponsored person is a parent in one of your previous post you said there is no inland application they just have to apply for visa extensions; we applied for my dads sponsorship while he is visiting so I thought it would be an inland application and he may be restricted in travelling and would not have the option to appeals should there be a need

This thread is about spousal sponsorship. Spousal sponsorship has an inland option. There is no inland option for parents.