Married, within Canada class in process, visitor extension required?

[SoMuchpaperwork]

Hello,

I've been married to my spouse for 10 years, we have two children together and we lived in the United States the entire time. My spouse is Canadian born and was legally in the US on a permanent resident basis. We've gone through the entire US immigration process successfully so you'd think I should know the answer to this but laws are different in Canada so...

While visiting family in Canada recently, having arrived in Canada as a visitor, we decided that Canada is where we want to be to raise our kids because they have a lot of extended family here. My spouse is already a citizen, the children (US born) are already Canadian Citizens via recent changes to law about first generation birth abroad but my application for permanent residency in Canada, within Canada family class, has been submitted.

I am here legally, still within my 6 months as a visitor, but that will expire before the permanent resident application is approved. Under these circumstances do I need to apply for an extension to my visitor status? or am I in some sort of implied status for having applied for permanent residency? or?

It's confusing because the application for extension of visitor status says I need to prove I've got ties in the US, which I do, but it's not my choice to return anymore if I can stay legally, the kids are about to be in school in Canada etc. In fact we'd be in hardship if I was forced to return without my spouse and kids.

Any help appreciated, links to actual rules also appreciated.

Thanks

edit: forgot to mention - we applied inland and are now wondering if that was a mistake? The time it takes is of no matter to us, being approved and staying legal is.

 

[PMM]

Hi

Hello,

I've been married to my spouse for 10 years, we have two children together and we lived in the United States the entire time. My spouse is Canadian born and was legally in the US on a permanent resident basis. We've gone through the entire US immigration process successfully so you'd think I should know the answer to this but laws are different in Canada so...

While visiting family in Canada recently, having arrived in Canada as a visitor, we decided that Canada is where we want to be to raise our kids because they have a lot of extended family here. My spouse is already a citizen, the children (US born) are already Canadian Citizens via recent changes to law about first generation birth abroad but my application for permanent residency in Canada, within Canada family class, has been submitted.

I am here legally, still within my 6 months as a visitor, but that will expire before the permanent resident application is approved. Under these circumstances do I need to apply for an extension to my visitor status? or am I in some sort of implied status for having applied for permanent residency? or?

It's confusing because the application for extension of visitor status says I need to prove I've got ties in the US, which I do, but it's not my choice to return anymore if I can stay legally, the kids are about to be in school in Canada etc. In fact we'd be in hardship if I was forced to return without my spouse and kids.

Any help appreciated, links to actual rules also appreciated.

Thanks

edit: forgot to mention - we applied inland and are now wondering if that was a mistake? The time it takes is of no matter to us, being approved and staying legal is.

1. You just apply for an extension, showing that you have an application in process. I hope that you included an Open work permit request with the application.
2. It is really too bad that you applied inland, you could have applied out of Canada while residing in Canada, and probably have your PR within 11 months rather than the 19 months it is probably going to take.
3. I really suggest that you withdraw it and do an out of Canada application.

 

[SoMuchpaperwork]

I hope that you included an Open work permit request with the application.

It just made sense to apply for 'within Canada' given that we were, you know, within Canada.

No work permit request was included, will that change anything with regards to the application (visitor or PR) itself? I know I need to prove I can support myself but I do have the means to do that (cash) and my spouse would help, (transferred business practice from US to Canada).

I'll apply for an extension to my visitor status, which is what it seems like I need to do, but since my intention is to stay I'm not about to say I intend to leave (unless my PR is denied of course). Is that what I say? That form is confusing when combined with the PR forms.

Thanks for the advice.

Another edit: I just noticed that the visitor extension application isn't for a set period (1 month, 3 months, 6 months etc) but is instead asking me how long I want to remain a visitor. Do I ask for 18 months or is that unheard of or ?

 

[scylla]

I agree with PMM. I would withdraw your inland application and refile outland. My husband is American. We filed outland while he was living with me as a visitor here in Canada. He was approved in four months.

To answer one of your questions, since you did not include an open work permit with the application, you will not be allowed to work at the 9-10 month mark once the first stage of processing is complete.

 

[SoMuchpaperwork]

Thanks Scylla. It's been 3 months since I filed inland in Quebec and since neither time nor ability to work are my main concerns I'm leaning towards letting the application run its course still, it's done so to speak. I sent the original of my police certificates etc so there would be additional delays in getting some things re-done. I'm patient, lesson learned and the added layer of Quebec rules has me wanting to just stay the course right now even if it takes a little longer. Fortunately my worst case scenario, if I'm denied, is still not horrible (move family back to the US, together).

In case working DOES become a concern however I can't find much information on when I can apply for permission separately. I see some comments in various threads of people applying after the initial PR application, can I do that? If so, when? Same with insurance, not a concern now but do I apply when I get my PR and hope not to break too many bones in the mean time?

I know this is a lot but I'm completing the 'Extend visitors stay' application and I'm at the point where it asks why. Should I expect any problems by saying I'd like the extension to remain legal while my PR app is being processed?

I don't know what I'd do without this forum, there seems to be so many rules that either contradict or don't quite fit my scenario, thanks for your help.

 

[eletyl]

Hi SoMuchPaperwork,

I'm afraid I can't help you in regards to the inland process (I filed outland although located in Quebec), but I CAN tell you not to worry about your decision to do inland.. although outland used to take under 6 months roughly (on average), it's taking longer now.. I am almost regretting my decision. I would have preferred it take just a bit longer, and to have access to health insurance and a work permit!

Also, I am about to apply for a visitor extension myself. in my advice seeking so far, I have been told just to "be honest." tell them you are waiting for PR and wish to remain with your family, give them proof of your application (file number, receipts), and prove that you can support yourself during this period with bank statements from your spouse, etc. also clearly mention that you are financially able to leave at the end of your visitor's period (at their discretion), if necessary.

 

[rjessome]

Yes but being married for 10 years would have probably meant he would be a PR in 3 to 4 months from submitting the application, including Mississauga processing. And assuming the application was completed properly.