I got married in Canada and recieved the letter to leave the country

[kyc221]

This isnt what it sais on the CIC wesbite.

It says

"Maintaining legal status
Spouses and common‑law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are no longer required to have legal immigration status provided that they have an eligible sponsor. All other eligibility requirements continue to apply."


So you may be rigt. But if you are, then the CIC website is extremely misleading.

It is indeed misleading because CIC agents tell all the time how important to maintain legal status to stay in the country, maybe not to "apply" for PR but to stay in Canada during the process it seems so...
Here is an answer on that topic a poster got from CIC
http://www.canadavisa.com/canada-immigration-discussion-board/-t90875.0.html;msg1908737#msg1908737

The "simplified" explanation of implied status that Steerpike quoted is definitely misleading. I wrote my explanation based on my own research of implied status, taking information from different documents and guides. What I never knew, is what Vinlader's link explains: in order to obtain implied status you have apply for an extension along your PR application (probably similar to applying for the work permit at the same time you send your PR papers). What I think still applies, is that if you send everything together after your visa has expired (and always within the 90 days following the expiry date), you have also apply for restoration of status.

Anyway, that doesn't apply for OP :

 

[sop194]

Interesting thread. I hope your things work out.
I was pondering same kind of a thoughts today.. I've been together with my boyfriend for a few years and we been planning to get married.
As we have discussed things through and thought, that I go to Canada and we get married and apply inland. Tho, I would be in Canada with visitor status.
I could stay first for 6 months as a visitor and then apply for more. Does anyone know that, how much extended time you can get for your visa?
Because then, if it would be under a year, the application would not be processed (if it takes round about a year) and then I'd have to leave the country and... not good.
Feels like head exploding with this haha

 

[amikety]

I've been visiting for 18 months.

If you're a valid visitor when you apply, you can stay on implied status until a decision is made. If you apply Outland, you can ask for an extension and include proof of your application.

This seems to be significantly easier if you're visa exempt.

 

[sunsun]

Hello miuyeah.......... ?????????

 

[Stumpedmom]

This isnt what it sais on the CIC wesbite.

It says

"Maintaining legal status
Spouses and common‑law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are no longer required to have legal immigration status provided that they have an eligible sponsor. All other eligibility requirements continue to apply."


So you may be rigt. But if you are, then the CIC website is extremely misleading.

The key to this is THEY HAVE AN ELIGIBLE SPONSOR. OP has not even filed the application for PR, so therefore does not have an eligible sponsor.

 

[Harju]

I've been visiting for 18 months.

If you're a valid visitor when you apply, you can stay on implied status until a decision is made. If you apply Outland, you can ask for an extension and include proof of your application.

Filing a PR application in itself does not give you implied status. You have to file an extension, or request to change your status, along with the PR application to get implied status. For Inland the most common is to file for an open work permit with the PR application. If a person does not do this, when their current status expires they have to rely on CIC's policy of not deporting out of status inland applicants (provided their sponsor is eligilble).

 

[sop194]

I've been visiting for 18 months.

If you're a valid visitor when you apply, you can stay on implied status until a decision is made. If you apply Outland, you can ask for an extension and include proof of your application.

This seems to be significantly easier if you're visa exempt.

Thanks for the reply! A few extra questions about that... so when we get married with my bf and I apply for extended visa, I have to change my status, is that right? Do I need to tell in the application I have been married? I was looking for some info around the immigration site and that is what I understood from there.
Have you yourself applied Outland? And then visited Canada tho? As you mentioned 18 months of visiting
Thanks

 

[amikety]

I haven't even applied yet because my police check is taking forever. I have really poor quality fingerprints........ grrr!

I've been in Canada since July 2011. I'm in Calgary right now. I have no plans to leave unless I'm asked to by the government. Or I win the lottery and get go to whale watching.

When you apply to extend your status, definitely tell them you're married. They have ways to finding these things out and you don't want that biting you in the butt later. What I did this time was explain we had gotten married, but our application wasn't ready. I told them if they'd like, I'd provide a copy of my medical and receipts as proof we are working on the application, plus I'm financially dependant on my husband (only because I'm not allowed to work... minor detail), and he wants me to stay. I haven't heard back yet, but I'm not really worried.

I did ask for a 14 month visa and justified it by saying I would need 2-3 months to complete my application (4 now if my fingerprints are okay this time grrr), 12 to process the PR by published times. I doubt I'll get more than a year. Maybe I'll have to apply for another extension, but that's life. I'd rather have anothet extension than go back home..... my sinuses hurt just thinking about it.

 

[Comflakes]

Wow, reading about this rejection is making me a bit worried. My visitor visa is expiring in February. We applied for the Spousal sponsorship back in October but did not include the open work permit as we didnt know we could apply for it aswell. Can I still send the OWP in with my PR application? or just extend the visitor visa again? I already extended it once, hope there is no limit on number of extensions.

 

[sop194]

Hope things work out for you amikety!
I'm just worried that I forget something when I will get in the process, and then they'll tell me to leave the country.
I guess, just needs to be honest and careful when filling the applications.

Thanks for everyone for their answers

 

[amikety]

Wow, reading about this rejection is making me a bit worried. My visitor visa is expiring in February. We applied for the Spousal sponsorship back in October but did not include the open work permit as we didnt know we could apply for it aswell. Can I still send the OWP in with my PR application? or just extend the visitor visa again? I already extended it once, hope there is no limit on number of extensions.

Once you get your UDI, you can submit the OWP application as well. Make sure you save a copy of the receipt in case they misplace your application and make sure to include a letter so they don't process it when they get it and deny you as a visitor instead of AIP!

 

[sunsun]

Amikety...what kind of that flag ?

 

[amikety]

Hope things work out for you amikety!
I'm just worried that I forget something when I will get in the process, and then they'll tell me to leave the country.
I guess, just needs to be honest and careful when filling the applications.

Thanks for everyone for their answers

You really don't have much to worry about. Immigration isn't interested in chasing Americans out as long as they're good citizens. I think they realized a long time ago we share this really giant border and largely speak the same languages(s) so inter-married was going to happen.

 

[amikety]

Amikety...what kind of that flag ?

State of Ohio, where I was born.

 

[Kev1n]

I haven't even applied yet because my police check is taking forever. I have really poor quality fingerprints........ grrr!

I've been in Canada since July 2011. I'm in Calgary right now. I have no plans to leave unless I'm asked to by the government. Or I win the lottery and get go to whale watching.

When you apply to extend your status, definitely tell them you're married. They have ways to finding these things out and you don't want that biting you in the butt later. What I did this time was explain we had gotten married, but our application wasn't ready. I told them if they'd like, I'd provide a copy of my medical and receipts as proof we are working on the application, plus I'm financially dependant on my husband (only because I'm not allowed to work... minor detail), and he wants me to stay. I haven't heard back yet, but I'm not really worried.

I did ask for a 14 month visa and justified it by saying I would need 2-3 months to complete my application (4 now if my fingerprints are okay this time grrr), 12 to process the PR by published times. I doubt I'll get more than a year. Maybe I'll have to apply for another extension, but that's life. I'd rather have anothet extension than go back home..... my sinuses hurt just thinking about it.

How long is it taking you to get, the police check, my gf in China, said it takes 2 weeks, for her, I thought this was too quick.