Inland spousal sponsorship --- In Canada with ETA, should waiting for PR or have to leave?

[kalllll]

I’m Australian already in Canada temporarily with ETA(my ETA valid until 08th May 2022). I’ve sent the permanent resident application inland by mail 16th April but couldn't deliver yet due to Canada post-processing error.

I’ve found that I only can stay 6 months maximum with ETA (no stamp on my passport and my last entry to Canada was 29th Nov 2019), it means that the 6 month period of my stay ends on 29th May. I couldn’t travel due to the coronavirus outbreak currently. The CIC website says that I don’t need to apply A VISITOR RECORD, it doesn’t matter if I entered Canada using ETA. I'm so confused about this situation.

Anyone else here with similar issue? What should I do for now? Should I wait for the PR application accepted or I have to leave? Thanks!

 

[canuck_in_uk]

I’m Australian already in Canada temporarily with ETA(my ETA valid until 08th May 2022). I’ve sent the permanent resident application inland by mail 16th April but couldn't deliver yet due to Canada post-processing error.

I’ve found that I only can stay 6 months maximum with ETA (no stamp on my passport and my last entry to Canada was 29th Nov 2019), it means that the 6 month period of my stay ends on 29th May. I couldn’t travel due to the coronavirus outbreak currently. The CIC website says that I don’t need to apply A VISITOR RECORD, it doesn’t matter if I entered Canada using ETA. I'm so confused about this situation.

Anyone else here with similar issue? What should I do for now? Should I wait for the PR application accepted or I have to leave? Thanks!

The eTA is completely irrelevant to status in Canada. It is simply an authorization to travel to Canada.

If you applied inland with an OWP, you will have Implied Status after May 29th from the OWP app. However, if the PR and/or OWP app is returned after that date, you would be out of status. It is advised to apply for a visitor extension as a back-up in case of a returned app.

 

[kalllll]

The eTA is completely irrelevant to status in Canada. It is simply an authorization to travel to Canada.

If you applied inland with an OWP, you will have Implied Status after May 29th from the OWP app. However, if the PR and/or OWP app is returned after that date, you would be out of status. It is advised to apply for a visitor extension as a back-up in case of a returned app.

Thanks for your reply. I do applied OWP, and I also tried to apply extension, but CIC website says that it doesn’t matter if I entered Canada using ETA and I don’t need to apply AN EXTENSION VISITOR RECORD, so should I still apply the extension visitor record? Or can I use my ETA and stay until expiry date May 2022?

 

[canuck_in_uk]

Thanks for your reply. I do applied OWP, and I also tried to apply extension, but CIC website says that it doesn’t matter if I entered Canada using ETA and I don’t need to apply AN EXTENSION VISITOR RECORD, so should I still apply the extension visitor record? Or can I use my ETA and stay until expiry date May 2022?

Again, the eTA is IRRELEVANT to status in Canada. It lets you board a plane. Doesn't grant status, nothing to do with status.

You don't have to apply for an extension. It's advised as a back-up. If you weren't given the option to apply for a visitor extension, you answered something wrong.

 

[kalllll]

Again, the eTA is IRRELEVANT to status in Canada. It lets you board a plane. Doesn't grant status, nothing to do with status.

You don't have to apply for an extension. It's advised as a back-up. If you weren't given the option to apply for a visitor extension, you answered something wrong.

I see. Appreciate your answer! There's a question: When does your status in Canada expire?

It says "Check the expiry date of your work or study permit. The expiry date can be found on the right-hand side of your permit, under the heading "Valid Until."

If you do not have a visitor record or permit, but received a stamp in your passport, your visitor status will expire 6 months from the date your passport was stamped by the officer when you arrived.

If the officer wrote a date by hand underneath the stamp, your status would expire on this date."

I don't have a stamp or hand wrote expiry date in my passport. Should I answer the ETA expiry date or the maximum 6 months date after the last entry??

 

[amanda_sakura]

I see. Appreciate your answer! There's a question: When does your status in Canada expire?

It says "Check the expiry date of your work or study permit. The expiry date can be found on the right-hand side of your permit, under the heading "Valid Until."

If you do not have a visitor record or permit, but received a stamp in your passport, your visitor status will expire 6 months from the date your passport was stamped by the officer when you arrived.

If the officer wrote a date by hand underneath the stamp, your status would expire on this date."

I don't have a stamp or hand wrote expiry date in my passport. Should I answer the ETA expiry date or the maximum 6 months date after the last entry??

6 months after entry

 

[CanUK333]

I see. Appreciate your answer! There's a question: When does your status in Canada expire?

It says "Check the expiry date of your work or study permit. The expiry date can be found on the right-hand side of your permit, under the heading "Valid Until."

If you do not have a visitor record or permit, but received a stamp in your passport, your visitor status will expire 6 months from the date your passport was stamped by the officer when you arrived.

If the officer wrote a date by hand underneath the stamp, your status would expire on this date."

I don't have a stamp or hand wrote expiry date in my passport. Should I answer the ETA expiry date or the maximum 6 months date after the last entry??

I would apply for an extension on the visitors visa. It is not required and they won't ask you or even suggest to do that (the call centre agent told us explicitly NOT to but I have since found out this was wrong advice. In my opinion DO IT anyway. In hindsight, I wish we had done that with my husband's visitors status as now it has expired and we're worried what would happen if OWP application is returned or if the OWP/SA is rejected as he'd be then out of status. At least if he had some time left on the visitors visa we could apply again without hassel.

 

[kalllll]

I would apply for an extension on the visitors visa. It is not required and they won't ask you or even suggest to do that (the call centre agent told us explicitly NOT to but I have since found out this was wrong advice. In my opinion DO IT anyway. In hindsight, I wish we had done that with my husband's visitors status as now it has expired and we're worried what would happen if OWP application is returned or if the OWP/SA is rejected as he'd be then out of status. At least if he had some time left on the visitors visa we could apply again without hassel.

I've submitted the extension on visitor visa today and it shows the processing time is about 103 days. My question is if my due date is 29th May, I can not get the extension before expiry date, what will happen? Or it doesn't matter just wait? Thanks!

 

[canuck_in_uk]

I've submitted the extension on visitor visa today and it shows the processing time is about 103 days. My question is if my due date is 29th May, I can not get the extension before expiry date, what will happen? Or it doesn't matter just wait? Thanks!

Nothing happens. You wait on Implied Status.