Passport on its way back, visitor record about to expire...what to do?

[Canuckgirl]

My American husband is in a unique situation: we received his passport request from Buffalo on 06/08/2010 (by email) and using Canada Post's express mail tracking, we know that the passport is on its way back - but it's later than expected - it left Fort Erie on 24/08/2010 and should have arrived within 3 business days, which would have been today. His visitor record expires on 01/09/2010 - next Wednesday. We have not yet sent a request to extend his visitor visa as the email stated that the passport would be returned to us within 15 business days (again, that would have been today). We figured we would have it today, go to the border to land this weekend, and no extension would be required. I called CIC a couple times just to check, and they suggested that if we don't have his passport back by Monday (30/09/2010), that we send in the visitor extension request either way. I know that my husband must have legal status in order to land (it was an outland application), but now we're not sure what to do if the passport isn't back by Monday. I guess we just have to bite the bullet (and lose the $75 due to Canada Post being late) and file the application to extend on Monday? I've been told as long as the paper application is in the mail (stamped) with a date before the expiry on 01/09/2010, that would be fine, but should we do the online application instead? Or does it even make a difference? Is it too risky to cut things so close? If we do the online application, could we wait until Tuesday (31/09/2010)? We live about a 30 minute drive from the border... he could also go hang out in the US for a day or two while we wait for the passport to arrive...I know it's "only" $75 for the extension, but I'm so frustrated that I should lose $75 just because Canada Post isn't making good on its promise to deliver within 2-3 business days Any thoughts or suggestions on what we should do would be greatly appreciated!

 

[plumosa]

since you are so close to the border I would just leave Canada and come back the same day. Explain the situation and there shouldn't be any problem for them to give you a new visitor's record at the border, no 75$ fee required!

 

[tgchi13]

And I suggest you not take any chances. At this point, why gamble over $75? You are too close to fulfilling a huge component to risk jeopardizing it.

 

[addntox]

He only has to have legal status in canada to land at an inland office, which is going to take another month at least to get the appointment. To flagpole all he has to do is cross into the US then cross back and land. If the Visa is in the passport coming back he has 2 options he can go to the US for a lil holiday whilst you wait for the PP to arrive then you can meet him and he can land at the border, or you both can wait for the passport to come back cross into the US and come back for him to land. Since you're going to have to cross anyway if you dont send off the request. You have 90 days to file a restoration of status which generally means CBSA arent going to come knocking on your door in a matter of days. If you send off the VR extension quickly he will have implied status so he WILL be legal in canada without having to cross the border. When they get around to processing him they weill see he landed and just refund the money.

Just to reiterate he does NOT have to have legal status to flagpole land at the border, that is only for outland applications landing at inland offices

 

[AllisonVSC]

Send the application anyway. When he does finally land tell the officer that he as a TRV extension application in process. Give the receipt. The officer will cancel the extension app while she is doing other stuff in the computer and your $75 will be refunded to you in the mail.

When I applied for my PR I sent an extension request a few days before because I had a visitor record and a leave by date. My PR was process faster than my extension. When I landed the IO asked why I didn't submit my VR when I left Canada, I told her that I had not left, had I applied for an extension instead and that the PR was processed faster than the extension. She canceled the TRV and we got our money backed.

No need to drive to the border or risk being out of status. Just apply for the extension and wait out the return of the passport without the extra worry and stress. Congrats to your husband, btw. Allison

 

[Canuckgirl]

Thanks for the help! Now that I know a refund is possible, I guess I will just do the online extension form today. There is really no difference between using that, or mailing the paper form, right? It doesn't look like there is any particular advantage to either of them?

 

[tgchi13]

Allison's advice is sound and reasonable.

Congrats to you both!

 

[addntox]

Yup from a doing things properly standpoint its always better to have the TRV extension processing. But as i said before you dont need to worry about having status to land on an outland application. If you're near the border its much quicker to flagpole and land at a POE than it is to make an apointment at the local CIC. At theis time of year you're looking at at least a month, by going to the border and going around the flag pole you can land the very same day you get the passport with the COPR. But dont worry the TRV extension will get refunded to you, it can sometimes take a while but it will happen.

 

[Canuckgirl]

Thanks for the advice - I should not have assumed that a refund would not be possible. Like I said before, it may seem silly that I'm frustrated over $75 when the hard part is over, but the thing is, I work for the government myself and it was already their fault that we couldn't file our application for over 5 months (even though it was completely ready to go other than that one missing thing - it caused us to have to redo all the police certificates all over again) and now it's going to be their fault again that we lose more money... lol, oh the irony!

 

[BeShoo]

We applied for an extension electronically a few months ago and we got it in about 25 days, even though it said 55 days, I think, on their website. Definitely, apply, and congratulations; you're almost done!

 

[Canuckgirl]

Well, we didn't get the passport back today (5th business day) and so we called Canada Post... they are not able to confirm its current location and they put an urgent flag on the order and promised us it would be found and delivered to us as soon as possible I'm sure we will get it in the end, but still, I can't believe that they have basically lost it at the moment! In the meantime we filled out the online visitor's extension...but wow, what a pain it was to do that when all we have is a photocopy of the first 2 pages of the passport and the visitor record. I'll definitely be filing a complaint with Canada Post.

 

[kelKel]

I would like to comment that Canada Post is horrible. When we sent our first application it said it would be there overnight. It took over 6 days to finally be able to track it with the signature. While its on route they have no idea where it is. At least when you send something with Fedex or UPS you can see its progrss at all transfer points. BOO on Canada Post, never again!

 

[Canuckgirl]

I would have preferred not to use Canada Post but the instructions for the passport request tell you to use Xpresspost, so I felt I had no choice. Oh well, hopefully they find the passport quickly because I seriously cannot wait to have everything done!