Extending Status

[Prelude]

Hey! I've covered some of this before, but my situation's changed and we always want to play it safe.

My wife is American. Her current visit began March 4, 2015 and her current VR lasts until September 18, 2015, which is just over six months total. We're applying for her outland PR as soon as we get her FBI clearance back (hopefully by/around the end of August), and right now she only has status as a visitor.

When we got the current VR at the border, we were told that any further extensions (well, new VRs, I guess) would have to be made via the CIC and not the border. However, I was also recently told here on the forum that since she's American, she's visa-exempt. If we want her to stay in Canada after September 18, what needs to be done? I originally thought she'd need to apply for a visa, since the CIC was mentioned, but apparently that's not correct? (I realize the border guys often have no clue what they're talking about with regards to this sort of thing. :/)

Also, I was told she wouldn't need RCMP clearance, because although she'll have been in Canada six months, she doesn't really "live" here because she's only a visitor and not a student or work permit-holder. Is this also correct? I really just don't want to miss anything and have the app sent back to us.

 

[DuberBlue]

You will need to apply for an extension on the VR with the CIC. If you have not done so, then after September 18 your wife will be staying here illegally. A Visitor Record is not a visa, which your wife indeed does not require to ENTER the country; however, to STAY here she must comply with the terms of her Visitor record.

But fear not! By applying now for an extension your wife would have Implied Status, meaning she is allowed to remain here while the extension is processed.

As for the RCMP clearance, she may need it, she may not, but you don't need to provide it up front; only the FBI one. Wait until asked for it. My wife was a "visitor" with me for three years and she was asked for one.

 

[Prelude]

Awesome, thank you!

She's planning to leave the country before the 18th if we can't get the extension applied for, so we definitely don't plan to do anything illegal, haha. (Naturally we'd like to stay together if possible, of course.) How do we get the extension, though? I clumsily dug around on the website, but I'm pretty sure all I found was visa app stuff, which is... apparently not what we need. Oops. I know we need to apply for it at least 30 days before her current VR runs out.

Thanks for the RCMP clarification, too! I'm glad to have heard that from multiple people now; it definitely takes a load off my shoulders.

 

[DuberBlue]

You can do it all online if you have access to a scanner. The process has changed a bit from when I had to do it (repeatedly) but in all honesty it's not too bad. Just go to the CIC site and follow the Visit link, and you will find the link to Extend Your Stay As A Visitor. It will guide you to a document checklist and the various forms you need to fill out, which you can submit electronically. The fee is $100 which is the fee for the extension of a Temporay Resident Visa (I know, I know, I said it wasn't a visa...it's just not the travelling kind of visa).

 

[Prelude]

Oh! Maybe I was on the right track, then. I got a code thing to use for it and everything, and I do have a scanner, so I'll see if we can get that done this week. Thank you. :>

I'm assuming we'll get some kind of submission confirmation, too, to use in our claim of implied status if necessary. Excellent!!

 

[DuberBlue]

You get a receipt when you submit the payment. Again it's been a while for me and my wife and I'm not sure what else has changed but I think beyond that we didn't really hear from them again until we got the new VR in the mail.

 

[Prelude]

Okay! We'll keep a copy of the receipt around in physical form in case we need it, then, definitely. If the new VR comes via mail, I guess the potential rejection probably would as well, which is good to know just in case. Thank you again! It's really good to hear from others in similar situations.

 

[CMLR]

Prelude, you can extend her stay OR she can leave Canada even for just a day or 2 and come back in and start a new 6 month time frame.This was told to me by our immigration consultant. We have always decided to extend my stay just in case but again we have been told more than once that if I left before the 6 months is up and leave even for a day or two I can come back in and be here for another 6 months. The rule is not 6 months in any given 12 months but 6 months at a time before leaving and coming back. Hope that helps

 

[canuck_in_uk]

Prelude, you can extend her stay OR she can leave Canada even for just a day or 2 and come back in and start a new 6 month time frame.This was told to me by our immigration consultant. We have always decided to extend my stay just in case but again we have been told more than once that if I left before the 6 months is up and leave even for a day or two I can come back in and be here for another 6 months. The rule is not 6 months in any given 12 months but 6 months at a time before leaving and coming back. Hope that helps

Though this is possible, it is generally a riskier way than extending with CIC. There's always the possibility of the CBSA officer deciding that the person is trying to live in Canada as a visitor and denying them entry.

 

[lleahdoll]

Seems you might have already found it, but here's a direct link to apply to extend your stay as a visitor: http://www.cic.gc.ca/english/information/applications/visitor.asp

I have applied twice now, once last year when my husband and I were still gathering everything for the sponsorship application. I asked for one year and received it. We made sure to show proof of funds for my stay (which was his bank statement since I'm not legally allowed to work). I would also suggest attaching a letter of explanation of your situation. Idk if it helped my case, but it certainly doesn't hurt.

The wait is a lot longer this year than last year (I applied in June both times). But your wife is on implied status until a decision is made, like the others mentioned.

 

[carr1]

I have been visiting my husband in Ontario since October 2014, I applied and was granted a visa status extension for another 6 months which expires in October 2015. I did go to the U.S. and then back into Canada last week but I will still apply for another visa status extension soon with CIC. When I crossed back into Canada last week I was giving a bunch of grief at the border but finally he gave up on the questions and after a lecture let me back in! I feel it is better to be safer than sorry and reapply for the visa.

I did mail in my PR app yesterday, finally! it feels like a lot of repetitive work but I want to make sure I am doing everything correctly and not harm my chances of getting PR.

 

[Ontariobat]

it feels like a lot of repetitive work but I want to make sure I am doing everything correctly and not harm my chances of getting PR.

I know, story of my life too. Fill out the same forms or type of forms for visitor permits, study visas, work permits, visitor extension permits, PR application, etc. I'm so glad I'm done having to really go through much more of that.

 

[carr1]

I know, story of my life too. Fill out the same forms or type of forms for visitor permits, study visas, work permits, visitor extension permits, PR application, etc. I'm so glad I'm done having to really go through much more of that.

I hear you Ontariobat! It gets frustrating with all the paperwork and understanding what needs to be done. I am so ready to get PR and to find a job, not working is hard work!! Congrats to you that you are all done for now.....I hope mine happens quickly!

 

[Prelude]

Thank you all for sharing your experiences! I made another thread just today about temporary resident status, so I'm hoping to clear up my confusion about that.

Since my wife is American, apparently she's visa exempt. They don't make this easy, do they? Haha. We're too chicken to try through the border again because we had to get her most recent VR that way and it was kind of scary.