Husband's visitor visa expiring in two days. He's a US citizen.

[cellomage]

Hi everyone,

My husband was issued a visitor visa when we crossed the border in August stating our intent to establish residency in Canada. I'm a Canadian citizen. We had a few hiccups getting necessary paperwork for his PR application, and only just sent in the packet last week. We have a payment receipt, but nothing yet from the CIC. According to the website, it's not yet in the system.

Unfortunately we overlooked the option to apply to extend the visa (as printed in on the back of the paper). He has gone back and forth a few times since our initial entry, and has been told that he has to surrender the visa at the PoE where it was issued by the expiration date (2/14). Our understanding is that neglecting to do so will cause more harm than good, especially if he wants to be able to continue to travel back and forth.

Since he is a US citizen, is it likely that he will be asked to leave the country? How does the visa surrender usually work? We were planning to drive to the border together on Monday when the document expires, but should we be prepared to leave the country for a few days? Will he be able to enter back in as a visitor?

Thank you in advance for any advice.

 

[MJSPARV]

Do you mean a visitor record? US citizens don't get visitor visas. By going back and forth you mean that he's left and reentered Canada? I believe that if he's left Canada and reentered the six month visitor record he received in August was basically undone when he left/reentered the first time. I had a 12 month visitor record and was told if I left Canada in those 12 months I was giving up that 12 month visitor record and would have to ask again at the border for another one. I'm a bit confused overall by what you're describing has occurred/what he was issued though so might be misunderstanding the situation.

 

[cellomage]

You're right, he does have a visitor record. The way they explained it at the border, sounded like it was basically a visitor visa, though I don't remember all the details right now. They didn't mention anything about not being able to leave the country though, and we were very clear that we would be going back and forth. Do you think it would be as simple as driving across the border and coming back in again in our situation? My husband was recently out of the country for a week, and my understanding is that as a US citizen he can remain for up to 6 months at time (though of course subject to refusal from border officials).

 

[canuck78]

You're right, he does have a visitor record. The way they explained it at the border, sounded like it was basically a visitor visa, though I don't remember all the details right now. They didn't mention anything about not being able to leave the country though, and we were very clear that we would be going back and forth. Do you think it would be as simple as driving across the border and coming back in again in our situation? My husband was recently out of the country for a week, and my understanding is that as a US citizen he can remain for up to 6 months at time (though of course subject to refusal from border officials).

His 6 months should have restarted at his last reentry. Would warn you that if he crosses the border often CBSA can start asking more questions about whether he is employed in the US and proof of housing in the US. It is not a good idea to cross the border often if he is trying to remain in Canada during the sponsorship period. In order to get implied status he needs to apply for an OWP with his inland sponsorship.

 

[cellomage]

His 6 months should have restarted at his last reentry. Would warn you that if he crosses the border often CBSA can start asking more questions about whether he is employed in the US and proof of housing in the US. It is not a good idea to cross the border often if he is trying to remain in Canada during the sponsorship period. In order to get implied status he needs to apply for an OWP with his inland sponsorship.

Thank you for this. He occasionally does contract work in the US. I didn't realize this could be a problem. He has no permanent address in the US and we sold our property before moving.

We did apply for an OWP together with PR, but it was very recent and we're not expecting anything anytime soon. Are we considered to be in the sponsorship period now?

His travel is really very occasional. Since first entering in August, he has gone back 4 times I think. Two of these where to bring more of our belongings, once to visit friends for Christmas (we went together), and only once for work.

When we crossed in August and he was given his visitor record, he was told he must surrender the record on or before the expiration date. If his 6 month period has reset, do we still need to bring back the paper? Is there somewhere I can call to find out? I remember trying to find a phone number for the PoE in the past, but came up with nothing. We're about 1.5 hours away from the crossing, so it's not the end of the world if we do have to go.

Many thanks!

 

[MJSPARV]

Thank you for this. He occasionally does contract work in the US. I didn't realize this could be a problem. He has no permanent address in the US and we sold our property before moving.

We did apply for an OWP together with PR, but it was very recent and we're not expecting anything anytime soon. Are we considered to be in the sponsorship period now?

His travel is really very occasional. Since first entering in August, he has gone back 4 times I think. Two of these where to bring more of our belongings, once to visit friends for Christmas (we went together), and only once for work.

When we crossed in August and he was given his visitor record, he was told he must surrender the record on or before the expiration date. If his 6 month period has reset, do we still need to bring back the paper? Is there somewhere I can call to find out? I remember trying to find a phone number for the PoE in the past, but came up with nothing. We're about 1.5 hours away from the crossing, so it's not the end of the world if we do have to go.

Many thanks!

I would try calling CBSA (I'm pretty sure they have a main number) for clarification but I'm 99% sure that his visitor record you got in August was null and void after he left the first time so in one sense you're ok because he has restarted the six month clock four different times since then. I think that leaving Canada was him surrending the visitor record. However, if he needs to stay longer than six months from the last reentry and he tries to apply for an extension and they didn't stamp his passport or give him a new visitor record when he entered the last time I don't know how the extension process works. It may be totally fine since IRCC/CBSA can see when he entered but I don't know if you need a record number or passport stamp to do the extension.


By the way, the visitor record is not a "leave and enter as many times as you want during six months" thing. It's a "we are letting you in and you can stay for up to six months unless you get an extension". It's NOT a multi entry visa in other words.

Every time he leaves Canada and returns while his PR application is being processed he is risking being denied re-entry to Canada. My understanding is that inland applicants are really not supposed to leave Canada after the application has been submitted, but we did outland so I'm not 100% on that.

My unsolicited advice is that he needs to stop crossing the border for now. Four times in six months is pretty frequent in my opinion, and could certainly raise red flags as canuck78 said. Until he has PR his entry to Canada is NEVER guaranteed. Him going and bringing a bunch of belongings should absolutely be avoided if you still have more in the states to bring. I'd personally be counting out what six months is from the last entry to Canada, and either trying to apply for a visitor extension then (I think you can do it once your visitor period has a month left) or doing a leaving and re-entering then if you can't get the extension for some reason, not doing it this week.

 

[MJSPARV]

We did apply for an OWP together with PR, but it was very recent and we're not expecting anything anytime soon. Are we considered to be in the sponsorship period now?

Many thanks!

I think until you have AOR and know that it's not being return for being incomplete you should assume you're not in the sponsorship period yet as if an application is returned for being incomplete you lose the implied status if I recall correctly. If he is on implied status t any point the sponsorship and he leaves Canada he loses that implied status. Again though we did outland not inland so I'm only about 95% sure of this.

 

[Bornlucky]

You're right, he does have a visitor record. The way they explained it at the border, sounded like it was basically a visitor visa, though I don't remember all the details right now. They didn't mention anything about not being able to leave the country though, and we were very clear that we would be going back and forth. Do you think it would be as simple as driving across the border and coming back in again in our situation? My husband was recently out of the country for a week, and my understanding is that as a US citizen he can remain for up to 6 months at time (though of course subject to refusal from border officials).

Hello, once a temporary resident leaves Canada they cease to be a visitor. So, whatever their length of time in Canada was doesn't matter because it vanishes. When the person returns, and if they gain entry then they have whatever length of time they receive then, or 6 months unless otherwise indicated.

For a US citizen to receive a Visitor's Record when entering isn't common, so the CBSA has taken an interest in him - sufficient for them to create the record. Does his document have an asterix in the remarks section? I'm pretty dated with my knowledge but this used to indicate hidden remarks. It could be that they don't do this any longer as their systems may be newer than my memories of how it once worked.

At any rate, as he likes to come and go then you can likely anticipate that one fine day he'll go and not be permitted back in. If you apply inland that's fine, but if you want to risk ducking in and out, that's eventually going to earn him a frowny face. Why, because he's a visitor applying inland with the assumption that he absolutely must be in Canada during the process and yet he keeps establishing that he doesn't need to be in Canada at all.

Inland spousal applications have no appeal process so if he's denied entry then all of that process can become a waist of time and energy, but hey - if it goes through then it's worth the risk, right? I only mention this because it usually comes as a surprise to folks who naturally don't know how the two processes may differ. Outland can be appealed, inland - nope.

I would think that he can apply for an inland extension for his current visitor's record but the curiosity is that they bothered to issue him a Visitor's record in the first place.

Good luck

 

[MJSPARV]

Inland spousal applications have no appeal process so if he's denied entry then all of that process can become a waist of time and energy, but hey - if it goes through then it's worth the risk, right? I only mention this because it usually comes as a surprise to folks who naturally don't know how the two processes may differ. Outland can be appealed, inland - nope.

I would think that he can apply for an inland extension for his current visitor's record but the curiosity is that they bothered to issue him a Visitor's record in the first place.

Good luck

I'm guessing he asked for a visitor record because he intended to apply for PR status and if I understood the original post correctly he declared that when he entered the first time. I think he can extend the six month period he's currently on from his last entry but that the piece of paper he was given in August is null and void and can't be extended.

(As a side note about US citizens getting visitor records, @Bornlucky I had a 12 month visitor record because I had an outland application in process so I asked for a stamp or 6 month visitor record in case I needed it in communications with IRCC and the officer asked if I wanted a 12 month one instead of 6 months because if so he'd be happy to give me one so I wouldn't have to bother with an extension of the PR application was slow. Got my PR three months later so I would have been fine with the 6 months but it was a nice peace of mind. We had a very nice officer when I entered and at the very end he revealed that he'd sponsored his wife to be a PR. Definitely not necessarily a representative border crossing experience!)

Also @cellomage it's too late for this now, but it sounds like applying outland from within Canada may have been a better option for your husband if he needs/wants to come and go.

 

[Bornlucky]

Well I am glad that they treated you well. It's probably more common than we may think, or at least I like to think that it is.

Take care and enjoy your adopted home.

 

[canuck78]

Thank you for this. He occasionally does contract work in the US. I didn't realize this could be a problem. He has no permanent address in the US and we sold our property before moving.

We did apply for an OWP together with PR, but it was very recent and we're not expecting anything anytime soon. Are we considered to be in the sponsorship period now?

His travel is really very occasional. Since first entering in August, he has gone back 4 times I think. Two of these where to bring more of our belongings, once to visit friends for Christmas (we went together), and only once for work.

When we crossed in August and he was given his visitor record, he was told he must surrender the record on or before the expiration date. If his 6 month period has reset, do we still need to bring back the paper? Is there somewhere I can call to find out? I remember trying to find a phone number for the PoE in the past, but came up with nothing. We're about 1.5 hours away from the crossing, so it's not the end of the world if we do have to go.

Many thanks!

He is not able to move to Canada so crossing the border with a bunch of his belongings should be avoided. In general he is a visitor but he moved to Canada. Yes you are allowed to sponsor him inland but he is not allowed to move to Canada at the moment so minimizing contact with the border unless absolutely necessary is the best option. Does his employer have any offices in Canada or any customers/clients in Canada?

 

[Eli51]

I would guess send in the application to renew TRV & don't leave Canada once you fill out the TRV application you can stay until either you get the renewel or until rejected. When I did inland my lawyer advised I don't leave so I stood in Canada for 2 1/2 years until I got my ECOPR in October.

 

[YVR123]

I would guess send in the application to renew TRV & don't leave Canada once you fill out the TRV application you can stay until either you get the renewel or until rejected. When I did inland my lawyer advised I don't leave so I stood in Canada for 2 1/2 years until I got my ECOPR in October.

OP's husband is a US citizen. He doesn't need a TRV at all.

 

[Eli51]

I was also a US citizen yet my lawyer applied for a TRV to extend my stay since when you enter the passport only gives you six months

 

[cellomage]

Thank you for all the replies. I am a little bit horrified now, because I think we misunderstood what we were signing up for by applying inland. I didn't realize that he wouldn't be able to leave the country at all while this application is being processed. I"ll have to do more reading on this. When I went through a similar process to obtain my green card a few year ago (also inland application) there was something I applied for that allowed me to travel during the processing period. I wonder if Canada doesn't have something similar...

We drove to the PoE today to try to figure it out. A few things which the border officer was pretty clear about which may be helpful for others to know:
- While the Visitor Record is not a multi-entry visa, it does not prohibit the holder from leaving the country. It just doesn't guarantee re-entry.
- The Visitor Record was not void after my husband left Canada on prior occasions
- Since it was not void, he remains bound by the conditions which state that he is to leave the country today (Happy Valentines Day! Ha.)

After a rather long back and forth, the officer told us to go home and file for an extension. We were told that his is allowed to remain while the request is processed. I wish we'd thought to do it sooner, but I was stupidly banking on him being allowed to remain while his PR application is processed.

We're at a bit of a loss for what to do now. It sounds like he may be asked to leave the country, at which point is the PR application we sent in a guaranteed denial?