Extension question

[Nigea]

I am trying to fill out the extension form to send in with the PR application. A few questions. I was married 2 weeks ago and he is here as a visitor.

1.under details of visit to Canada do I put tourism (as previous) or other now that we are married???

2.how long do you plan to stay??-- do you ask for a year - does date go from original entry date or todays date?

 

[tuyen]

I am trying to fill out the extension form to send in with the PR application. A few questions. I was married 2 weeks ago and he is here as a visitor.

1.under details of visit to Canada do I put tourism (as previous) or other now that we are married???

If you mention anything on a visa extension about him wanting to stay in Canada because of a recent marriage, you might as well throw that form in the garbage and not bother signing it because it will never be approved.

2.how long do you plan to stay??-- do you ask for a year - does date go from original entry date or todays date?

How long is he able to stay? Does he need to be back home in 2 months? If so, you put two months on the application. If he has no immediate need to return home, then forget the extension and just file the spousal application inland, which will allow him to stay in Canada until he gets a decision on the application.

 

[computergeek]

I am trying to fill out the extension form to send in with the PR application. A few questions. I was married 2 weeks ago and he is here as a visitor.

1.under details of visit to Canada do I put tourism (as previous) or other now that we are married???

2.how long do you plan to stay??-- do you ask for a year - does date go from original entry date or todays date?

Are you applying inland? If so why not submit an open work permit rather than a visitor permit? If you really want a visitor record, then state "living with my spouse/sponsor while awaiting PR application" and ask for as long as you think it will take - I'd say at least 14 months (current processing time) but why not ask for two years? They'll give you whatever they want anyway.

If you are applying outland you should not include a visitor extension request with the PR application, you should submit it separately.

 

[computergeek]

If you mention anything on a visa extension about him wanting to stay in Canada because of a recent marriage, you might as well throw that form in the garbage and not bother signing it because it will never be approved.

That seems to depend upon the country (and again, would only apply for Outland). I do agree with tuyen that CIC seems to look dimly on applicants from non-visa-exempt countries, so you'd have to show solid evidence that you have the financial resources AND the ties back to home country. US, western European, Australian and NZ applicants don't seem to run into nearly so many problems.

How long is he able to stay? Does he need to be back home in 2 months? If so, you put two months on the application. If he has no immediate need to return home, then forget the extension and just file the spousal application inland, which will allow him to stay in Canada until he gets a decision on the application.

Agreed on the inland application - after 6 months he gets an open work permit and would likely be able to get a re-entry TRV if he wants to visit family at home (although there is always a risk of being refused re-entry in that case, so the usual recommendation is to NOT do it.)

 

[Nigea]

I received an email from CIC today stating to send in both an extension request and OWP with the PR application and that would be all. However if you send the extension in separately then you would have to keep extending until approval.
So I do not mention marriage just say "living with my spouse/sponsor while awaiting PR application"

 

[computergeek]

I received an email from CIC today stating to send in both an extension request and OWP with the PR application and that would be all. However if you send the extension in separately then you would have to keep extending until approval.
So I do not mention marriage just say "living with my spouse/sponsor while awaiting PR application"

You're not giving us enough context here. Are you applying inland? Based upon THAT answer I'd say yes, you are. In that case they're only going to process one of them, not both of them. I'm not sure why they suggested both it's overkill.

Say whatever you want on a renewal included with an inland PR application. Once AIP is granted they're going to grant the OWP and refund the visitor extensions, since your spouse is entitled to the OWP at that point.

 

[Nigea]

Yes we are applying inland and should have everything ready by next week. His visa is until Jan.9. Here is what CIC sent

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:

Maintaining a Legal Status During the Process of the Permanent Residence Application

When you are in Canada, you must always keep a legal status until you become a permanent resident. If you do not, you could be removed from Canada. If an immigration document was issued by Citizenship and Immigration Canada (Work Permit, Study Permit or a stamp in your passport), this document states for how long you can stay in Canada. Having a legal status means that your document or authorization to stay in Canada is still valid.

You have two options available in order to maintain a legal status in Canada until you become a permanent resident:

1. Depending under which immigration program you apply, you could apply for an extension of your status as a visitor, student or worker, while applying for your permanent resident status. If you choose this option, complete both an application to extend your status and an application for permanent residence and mail them before your current status expires. Be sure to include both applications and all the necessary supporting documents and payment for each application in the same envelope.

If you stay in Canada during the processing of your application, you will only have to extend your status once because this option will allow you to keep a legal status in Canada up until the time your application for permanent residence is *approved in principle. If your status expires before your application for permanent residence is approved in principle, you will still have a legal status in Canada. This is known as implied status.

2. You can apply to extend your status as a visitor, student or worker separately from the application for permanent residence; you must do it before the expiry date of your current status. You may have to extend your status more than once.
The application is available on our Web site. You can fill out the application on-line and print it or fill it out by hand.

*Approved in principle means that you received a letter from the Case Processing Centre or the local office stating that you are eligible to apply for permanent resident status but that a final decision will not be made until all requirements for becoming a permanent resident have been met. These requirements include medical, security and background verifications for you and, if applicable, your family members.

 

[computergeek]

Yes we are applying inland and should have everything ready by next week. His visa is until Jan.9. Here is what CIC sent

Right. The agent told you the same thing: submit one of a visitor extension, open work permit, or study permit application along with your inland PR application. Then your spouse may stay with you - in fact it is a requirement of the inland process that they continue to cohabitate with you.

Hence my question: why not submit the work permit application instead? That doesn't mean your spouse must work, but does at least provide the option of doing so. I do strongly suggest including it with the application as well - having implied status means that there are no overstay issues.

Also, depending upon the province in which you are living, you may find that your spouse is eligible for health coverage now. Ontario is the stingiest here, only giving it after AIP, but other provinces are more generous.

Good luck!

 

[Victorswife]

You're not giving us enough context here. Are you applying inland? Based upon THAT answer I'd say yes, you are. In that case they're only going to process one of them, not both of them. I'm not sure why they suggested both it's overkill.

Say whatever you want on a renewal included with an inland PR application. Once AIP is granted they're going to grant the OWP and refund the visitor extensions, since your spouse is entitled to the OWP at that point.

Will the refund happen automatically? I did overkill and checked both boxes and paid both fees... only needed OWP... how do i contact them about the refund. ?

 

[computergeek]

Will the refund happen automatically? I did overkill and checked both boxes and paid both fees... only needed OWP... how do i contact them about the refund. ?

Yes. It takes a month or two though.