Multiple Questions on Possible Complications

[Ryissa]

Ah, bummer. I'll keep trying. At least I have the options written down so I can kind of blast past the menu. Think I've got my calls down to 3 minutes each now, heh.

Looking over IMM 5708 on the CIC's website it's showing up to me as completely blank. Is my PDF reader broken or is it really down?

 

[Creampop]

I don't think I can even apply at all because I have orders to leave in 7 days can I? I could only apply if they let me in for more than a month at a time?

what do you mean "orders"? like they put a stamp in your passport or they actually gave you a paper saying you must leave and check in before leaving?

 

[Ryissa]

what do you mean "orders"? like they put a stamp in your passport or they actually gave you a paper saying you must leave and check in before leaving?

I was given an IMM 1442 form stating I must leave Canada by August 20th, 2012. I was given this on August 8th, so I don't think there's even enough time to apply for an extension if I understand right.

That's what gets me - my stays are under a month so I'm really out of luck to put it mildly if they limit my stays. There's no time to extend anything as I'd leave the country before an extension could even be granted right?

 

[Creampop]

as long as you file for the extension before the date you must leave, you will then have "implied status" while you are waiting for the decision on the extension. Have you paid the PR fee's yet? how close is your application to being done? Just thinking that the best way to get the extension would to be to use the fact you are applying for PR send in copies of receipts showing that the PR fee had been paid, a copy of the receipt from the courier that the application package has been mailed, marriage certificate, a letter from you stating that you would like to remain with your husband while you wait out the application process, a letter from your husband saying he is willing to provide for you while you are waiting it out.

 

[blueangel371115]

As a visitor, you may stay 6 months at a time or cumulatively 6 months over a year with many visits but it is still always up to the immigration officer if they allow you to enter or not.

Ok, so now I'm curious ( and a tad confused), I've stayed a few days here, two weeks there but I'm not sure how many days exactly. I know I spent pretty much all of March and April there ( was home like 8 days) so if the time is cumulative, I'm not exactly sure how close I am to being up to the six months. Basically I've visited for the weekend every other week since september so 2 weekends per month at 11 months is 22 days roughly plus 8 weeks from March through April. So I've used up three months already? Should I file an extension of stay ( processing time says 49 days so I should do around two months early)? Thanks again in advance.

 

[Leon]

Ok, so now I'm curious ( and a tad confused), I've stayed a few days here, two weeks there but I'm not sure how many days exactly. I know I spent pretty much all of March and April there ( was home like 8 days) so if the time is cumulative, I'm not exactly sure how close I am to being up to the six months. Basically I've visited for the weekend every other week since september so 2 weekends per month at 11 months is 22 days roughly plus 8 weeks from March through April. So I've used up three months already? Should I file an extension of stay ( processing time says 49 days so I should do around two months early)? Thanks again in advance.

Don't worry about it too much. It is more of a rule of thumb that you should not be living in Canada more than you aren't. If you were allowed in for another 6 months without them saying anything, you can stay but if you are travelling back and forth a lot, you can always expect that at some point, you will be stopped as they will feel that you are spending a bit too much time in Canada as a visitor.

If you end up staying for 6 months without leaving, you would need to file for an extension but in order to get one, you would need to be able to prove your entry date so you would need a passport stamp and you don't always get one if you are from the US.

 

[blueangel371115]

Don't worry about it too much. It is more of a rule of thumb that you should not be living in Canada more than you aren't. If you were allowed in for another 6 months without them saying anything, you can stay but if you are travelling back and forth a lot, you can always expect that at some point, you will be stopped as they will feel that you are spending a bit too much time in Canada as a visitor.

If you end up staying for 6 months without leaving, you would need to file for an extension but in order to get one, you would need to be able to prove your entry date so you would need a passport stamp and you don't always get one if you are from the US.

Yeah, they usually just enter the number in the computer. If I'm intending on staying six months, could I ask them to? Or would they do it anyway? As if they ask me how long I'm staying I should tell them six months, right? As I want to file for an extension later and like you said, they need that info.

 

[Ryissa]

as long as you file for the extension before the date you must leave, you will then have "implied status" while you are waiting for the decision on the extension. Have you paid the PR fee's yet? how close is your application to being done? Just thinking that the best way to get the extension would to be to use the fact you are applying for PR send in copies of receipts showing that the PR fee had been paid, a copy of the receipt from the courier that the application package has been mailed, marriage certificate, a letter from you stating that you would like to remain with your husband while you wait out the application process, a letter from your husband saying he is willing to provide for you while you are waiting it out.

We're just digging up the more "oddball" things to send in (like photos of us together on trips and the like) but we're just about finished. We'll be able to mail the PR application tomorrow.

One thing I heard from the Call Centre thing worries me even if we do what you suggested: If I heard right, if I submit my application for an extension and then I leave Canada, I'll lose the implied status. I was originally going to leave Canada on the 30th, and still have to leave on the 30th for reasons mentioned previously (medical appointments and the like). Plus the immigration officer said a warrant will go out for my arrest if I don't leave by the 20th... is that not true if I file for an extension? I haven't been able to get into contact with any sort of official so I can't verify this. I'm going to have to leave if I can't verify it cause that's way too big of a risk.

 

[Creampop]

Well if your going to leave on the 30th I would just go ahead and leave on the 20th don't waste 75 bucks cus you will lose implied status and it won't get you back in...and here is why... it will show the IO's that you intend on leave when told to... go do your appointments when you come back have your husband meet you, they will ask your husband if he is infact your husband and if he is wiling to support you during your stay, marriage certificate, PR receipt etc... when you get to the crossing tell the guy in the booth you want to go in and get a visitor record and maybe they will grant you 6 months to a yr for the process to finish up. but you need to prove that you are married and have filed or atleast paid the fees. And that you will leave when your "visit" is up or atleast extend your visit. GL!

 

[Ryissa]

Well if your going to leave on the 30th I would just go ahead and leave on the 20th don't waste 75 bucks cus you will lose implied status and it won't get you back in...and here is why... it will show the IO's that you intend on leave when told to... go do your appointments when you come back have your husband meet you, they will ask your husband if he is infact your husband and if he is wiling to support you during your stay, marriage certificate, PR receipt etc... when you get to the crossing tell the guy in the booth you want to go in and get a visitor record and maybe they will grant you 6 months to a yr for the process to finish up. but you need to prove that you are married and have filed or atleast paid the fees. And that you will leave when your "visit" is up or atleast extend your visit. GL!

Thanks for the info! Interestingly enough he was going to come back to the US with me on the 30th, but now we're going to try and see if he can get some more time off work and stay longer so we could go back into Canada together with all of our receipts, marriage certificate, and PR papers in hand.

Is that all we would have to ask for is a visitor record when we cross? I actually don't have a passport - only an Enhanced Driver's License. I know I'd need proof of entry somehow for an extension. My now-former lawyer said I could provide proof by buying something in the US, then when I cross buy something the same day in Canada and keep both receipts to show that I crossed. Would that be sufficient proof of entry on that date for when I go to apply for an extension?

 

[rose.costa]

Hey all.
I am a Bangladeshi citizen, an educator and a human rights activist. Am involved in human rights work since 1986 and still continue helping people, training various age-group people on their rights and creating awareness, mediating family, social and communal conflicts through mutual dialogue and understanding which is gives opportunity to live peacefully and which brings lasting peace between/among the two parties. I would like to spend my remaining days of my life in Canada. Will there be a place for me to stay and enjoy my remaining life with people in Canada? I have traveled to Canada several times and stayed for months. I had my first human rights training at the Canadian Human Rights Foundation when we had to spend 15 days at Prince Edward Island which I liked very much. Is there anyone who could help me to visit again Canada and stay there for sometimes?

 

[Creampop]

Ryissa, The visitor's record will be your proof of entry its official with a date stamp all your personal information; has your entrance date and the date you should leave (make sure to file the extension 30 days before this date)... you would just send a copy of that in for the extension. If your red-flagged there will be greater detail in their system of your crossings half the conversation you had the last time you entered is prolly there LOL you stated you told them you were married and applying you just didn't have your marriage certificate etc... this time you can prove everything you said last time was the truth you just got an IO who's god complex was in high gear...

 

[Ryissa]

Ryissa, The visitor's record will be your proof of entry its official with a date stamp all your personal information; has your entrance date and the date you should leave (make sure to file the extension 30 days before this date)... you would just send a copy of that in for the extension. If your red-flagged there will be greater detail in their system of your crossings half the conversation you had the last time you entered is prolly there LOL you stated you told them you were married and applying you just didn't have your marriage certificate etc... this time you can prove everything you said last time was the truth you just got an IO who's god complex was in high gear...

Ha, that last part makes me feel a bit better. I was curious because on my previous visits since I had no passport to stamp, they just looked at my ID, asked me the basic questions on what I was doing on my visit and all and let me through without any papers at all. That's actually the first time I got an official paper with an entrance date. Next time I cross the border, should I ask them for some proof of entry? Not sure if they'd freak out or not over the question.

And one more important thing here... we completely forgot about police and medical papers. For some reason I thought that those would be submitted later. I'm reading it will take about 6 weeks to just process the FBI form. I'm guessing then we can't send in a thing until that gets back to us? Would IOs be happy with just a copy of the receipt and fingerprints I would send in as proof I paid?

Speaking of proof of payment, I'm ready to pay my fees for the PR application in general and wanted to make sure of this: I am applying under the Spouse and Common Law Partner In Canada Class and then paying $75 for the sponsorship application and then $475 for the Principal applicant (me)? I won't need to pay the $50 for a PR card until much later, correct?

Also, where is the best place to get immigration photos as mentioned in Appendix B in the immigration guide?

 

[Creampop]

all you need to ask for when you come back with your husband is a "visitor's record" as soon as you say that to the IO will send you where you need to be. Just take the receipt from the bank that the PR fees were paid, you don't have to tell them your waiting for fingerprints just tell them your sending it out as soon as you get a few more things together, you will have a receipt that says you paid the fee seriously who's going to waste 1040 bucks?
The fee's are 75 sponsorship 475 principal applicant (you) those need to be paid first then you have the RPRF (Right of Permanent Residence fee) which is 490 should be paid up front if you don't want any delays but it can be held until you find out if you approved or not.. so total is 1040.

 

[Ryissa]

all you need to ask for when you come back with your husband is a "visitor's record" as soon as you say that to the IO will send you where you need to be. Just take the receipt from the bank that the PR fees were paid, you don't have to tell them your waiting for fingerprints just tell them your sending it out as soon as you get a few more things together, you will have a receipt that says you paid the fee seriously who's going to waste 1040 bucks?
The fee's are 75 sponsorship 475 principal applicant (you) those need to be paid first then you have the RPRF (Right of Permanent Residence fee) which is 490 should be paid up front if you don't want any delays but it can be held until you find out if you approved or not.. so total is 1040.

Yeah I'd hope that they wouldn't think we would pay $1040 just for kicks! We've got our receipt now and will take that with us along with everything else we have.

I think now that I've got the police record sorted out it's now onto my medical form and immigration photos. How long does that whole process take for you to receive the needed Copy 2 to send off with your application? Is it okay to see a certified Canadian doctor or do I have to see a US one?

And I had one more question about this: "Permanent resident visas cannot be extended once issued. If applicants do not use the visas within their validity period, they must re-apply for immigration to Canada.Their sponsor will have to submit a new sponsorship application and pay new processing fees." I'm sure going to use the visa, and a US passport is valid for 10 years. I'm assuming I'll be eligible to be an actual citizen before 10 years is up. So no worries there?