Extending visitor visa when from a visa except country

[trackgal1]

I am from the USA and we have just been transferred to the visa office for PR. I'm looking at applying for an extension for my visitor visit as we likely won't have PR by the time my 6 month visit is up (in a few months). Since we are visa except, I'm unsure if I should be applying for a visitor extension or a visitor visa from within Canada. The timelines are drastically different (15 days vs 114 days) and I want to make sure I am doing the right one. I do plan to cross the border for the holidays and I know my 6 months would re-start after they let me through, but having one in hand already would likely help me get back into Canada easier, as last time they gave me quite the run around. Any ideas?

 

[canuck_in_uk]

I am from the USA and we have just been transferred to the visa office for PR. I'm looking at applying for an extension for my visitor visit as we likely won't have PR by the time my 6 month visit is up (in a few months). Since we are visa except, I'm unsure if I should be applying for a visitor extension or a visitor visa from within Canada. The timelines are drastically different (15 days vs 114 days) and I want to make sure I am doing the right one. I do plan to cross the border for the holidays and I know my 6 months would re-start after they let me through, but having one in hand already would likely help me get back into Canada easier, as last time they gave me quite the run around. Any ideas?

You don't have and can't get a visa. You have visitor status. There is no point in applying to extend your status if you are leaving before it expires. The application would essentially be void when you left Canada.

Also note that having a Visitor Record doesn't guarantee you an easy re-entry.

 

[trackgal1]

You don't have and can't get a visa. You have visitor status. There is no point in applying to extend your status if you are leaving before it expires. The application would essentially be void when you left Canada.

Also note that having a Visitor Record doesn't guarantee you an easy re-entry.

So what if I wasn't leaving before it expired and I planned to stay in Canada the whole time? I would think I'd have to apply for extension as a visitor so that I would be staying here legally. [We applied outland so I do not have an OWP].

I also understand that it doesn't guarantee me an easy re-entry, hence why I was hoping to have something that I could use that would make it easier (like a single or multi-entry visa). A while back when we had crossed the border I was told by the Canadian border agent that if I have a receipt of payment for my PR application and our marriage license then I could go inside and get something that would allow me to stay in Canada the whole time while our application was being processed. We were in a hurry and unable to do it that time, and she also didn't mention what it was called. Hence why I'm asking here for anyone who has had experience with this. I'd rather have something in my hands when we arrive at the border than arrive at the border and have to wait and see.

 

[KBH]

Unfortunately the visitor extension processing time is quite a few months at the moment (114 days on average, as you mentioned) so applying now would not get you a visitor record in time for you to produce it at the border. So if you're leaving for the holidays, really there is no point in applying at all. If you were staying in Canada and not leaving, you would need to apply.

For outland applicants, there really is nothing you can do to guarantee re-entry when you leave. Each time it's a risk. I'm also American and I've made the choice to stay put in Canada till processing is done. Many people do cross without issue.

 

[trackgal1]

Unfortunately the visitor extension processing time is quite a few months at the moment (114 days on average, as you mentioned) so applying now would not get you a visitor record in time for you to produce it at the border. So if you're leaving for the holidays, really there is no point in applying at all. If you were staying in Canada and not leaving, you would need to apply.

For outland applicants, there really is nothing you can do to guarantee re-entry when you leave. Each time it's a risk. I'm also American and I've made the choice to stay put in Canada till processing is done. Many people do cross without issue.

That's what I was seeing, and why I got a little confused. I know we don't need a visitor visa, but I wasn't aware we couldn't get out and could only do the extension. Did you apply for an extension since you're staying in Canada? It's not a definite that we're going back for the holidays, but I thought if I could get an extension and then have it when I crossed the border the I would be fine.

 

[canuck_in_uk]

So what if I wasn't leaving before it expired and I planned to stay in Canada the whole time? I would think I'd have to apply for extension as a visitor so that I would be staying here legally. [We applied outland so I do not have an OWP].

I also understand that it doesn't guarantee me an easy re-entry, hence why I was hoping to have something that I could use that would make it easier (like a single or multi-entry visa). A while back when we had crossed the border I was told by the Canadian border agent that if I have a receipt of payment for my PR application and our marriage license then I could go inside and get something that would allow me to stay in Canada the whole time while our application was being processed. We were in a hurry and unable to do it that time, and she also didn't mention what it was called. Hence why I'm asking here for anyone who has had experience with this. I'd rather have something in my hands when we arrive at the border than arrive at the border and have to wait and see.

If you were leaving after your current status expires, yes, you would need to apply for an extension to maintain legal status. You stated in your post that your status expires in a few months and you are leaving for the holidays, hence why I said no point in extending.

The CBSA officer was referring to a Visitor Record. However, this is just the document that you receive when a visitor extension is approved. Visitor status ends when you leave Canada and haing a VR doesn't hang your circumstances when re-entering.

 

[trackgal1]

If you were leaving after your current status expires, yes, you would need to apply for an extension to maintain legal status. You stated in your post that your status expires in a few months and you are leaving for the holidays, hence why I said no point in extending.

The CBSA officer was referring to a Visitor Record. However, this is just the document that you receive when a visitor extension is approved. Visitor status ends when you leave Canada and haing a VR doesn't hang your circumstances when re-entering.

So if I apply for the extension and get it, I still would lose visitor status once I cross the border? Even if it says I'm allowed to stay for X amount of time? Just checking to make sure I understand properly. We're trying to figure out if it's worth it for me to apply for the extension or to just cross the border and take our chances.

 

[Rob_TO]

So if I apply for the extension and get it, I still would lose visitor status once I cross the border? Even if it says I'm allowed to stay for X amount of time? Just checking to make sure I understand properly. We're trying to figure out if it's worth it for me to apply for the extension or to just cross the border and take our chances.

Yes, as soon as you leave your time resets to zero, and your next re-entry will be assessed as a brand new entry by whatever CBSA officer you happen to encounter.

If you have a Visitor Record obtained previously, sometimes they just let you in and give you status until the end of the existing vistior record, but this is entirely at discretion of CBSA.

Do keep records of your outland PR app in progress (receipt, AOR, etc). Typically CBSA is more lenient on people with PR apps already in progress and who just want to wait out the process in Canada.

 

[trackgal1]

Yes, as soon as you leave your time resets to zero, and your next re-entry will be assessed as a brand new entry by whatever CBSA officer you happen to encounter.

If you have a Visitor Record obtained previously, sometimes they just let you in and give you status until the end of the existing vistior record, but this is entirely at discretion of CBSA.

Do keep records of your outland PR app in progress (receipt, AOR, etc). Typically CBSA is more lenient on people with PR apps already in progress and who just want to wait out the process in Canada.

Okay thank you! The last time I crossed they said I didn't have enough proof that I had ties to the usa (due to not having a job or going to school). I was able to show him my marriage license and he questioned about seeing rent payments/utilities but didn't actually see them. I know it varies based upon each agent, but if I have proof of rent & utility payment (USA address), our PR stuff (receipt, AOR1, sent to visa office, etc.) and marriage license, do you think that'll be enough? My husband says we should just risk it because he knows how much I want to see my family for the holidays and I'm not a "risky" person but I'm more cautious and would rather miss a holiday (as much as I want to be there) and not risk being denied entry & just apply for the extension.

 

[Rob_TO]

Okay thank you! The last time I crossed they said I didn't have enough proof that I had ties to the usa (due to not having a job or going to school). I was able to show him my marriage license and he questioned about seeing rent payments/utilities but didn't actually see them. I know it varies based upon each agent, but if I have proof of rent, utility payment, our PR stuff (receipt, AOR1, sent to visa office, etc.) and marriage license, do you think that'll be enough? My husband says we should just risk it because he knows how much I want to see my family for the holidays and I'm not a "risky" person but I'm more cautious and would rather miss a holiday (as much as I want to be there) and not risk being denied entry & just apply for the extension.

Do you mean rent/utility payments from a US address, or Canadian?

If Canadian, that would be a very bad thing to show since it makes it appear you're living here as a visitor (even though this is what most people do, you can't really show this to CBSA).

 

[KBH]

That's what I was seeing, and why I got a little confused. I know we don't need a visitor visa, but I wasn't aware we couldn't get out and could only do the extension. Did you apply for an extension since you're staying in Canada? It's not a definite that we're going back for the holidays, but I thought if I could get an extension and then have it when I crossed the border the I would be fine.

I've been staying here since November 2016, but reset my timer multiple times by crossing the US border. I crossed for the final time in June 2017 and have stayed put since then, so I will be filing my first extension later this month.

 

[trackgal1]

Do you mean rent/utility payments from a US address, or Canadian?

If Canadian, that would be a very bad thing to show since it makes it appear you're living here as a visitor (even though this is what most people do, you can't really show this to CBSA).

From a US address.

 

[trackgal1]

I've been staying here since November 2016, but reset my timer multiple times by crossing the US border. I crossed for the final time in June 2017 and have stayed put since then, so I will be filing my first extension later this month.

What types of items/documents did you had with you when you crossed the border to show ties to the US?

 

[Onceagain2step]

I have a visitor visa, I have been staying for 5 months. My application is processing outland in Octorber 2017,

January 2018 I will come to my country. If I come back Canada in March 2018, I have a risk at CBSA? .

 

[trackgal1]

I have a visitor visa, I have been staying for 5 months. My application is processing outland in Octorber 2017,

January 2018 I will come to my country. If I come back Canada in March 2018, I have a risk at CBSA? .

It's always a risk of being denied at the border, but if you can show you have strong ties to the border, then you shouldn't have an issue.