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Question 9B for Spouse - Very tricky situation..Please Help

ceclmo777

Hero Member
Oct 24, 2013
236
14
My spouse came to canada on a visitor visa in Aug 2012 while I was on a WP which was expiring in Oct 2012. My company applied for an extension before my WP expired and I got the approval and new WP effective Jan 2013. Soon after I got my WP, I personally applied for my spouse open WP while my employer applied for her visitor record extension. The open WP was approved in March 2013 and the visitor record extension was rejected in Apr 2013 and CIC sent a letter stating that my spouse was already issued a valid immigration document in March which was the Open WP and hence rejecting the visitor record application, also sent the fees back to my employer.

While calculating the physical presence for my spouse, should I put her status as "visitor" till March 2013 (when she received her open WP), does it violate the rule that she should have stayed only on a visitor visa for 6 months or will they understand that the moment we file for her extension in Jan 2013, its ok? and then on a worker status from Mar 2013 - till the time we got PR? Also, if she unemployed during a period she holds the open WP, is she considered to be on a temporary resident permit?
 

Stef.

Hero Member
Apr 5, 2017
603
164
Please do not get me wrong...but what about waiting until the beginning of next year for your spouse to file for her citizenship? You do not have to do this at the same time. If you are not in a rush why not trying to avoid this whole issue but waiting until her eligibility time is outside of the visitor period?
 
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ceclmo777

Hero Member
Oct 24, 2013
236
14
Please do not get me wrong...but what about waiting until the beginning of next year for your spouse to file for her citizenship? You do not have to do this at the same time. If you are not in a rush why not trying to avoid this whole issue but waiting until her eligibility time is outside of the visitor period?
We both got PR in Sep 2013. So she is already eligible.
I am not sure why she would need to wait. I dont understand your reply..
 

searing_heat

Hero Member
Jun 8, 2013
260
14
I will suggest you look and go through this link http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

In my opinion (which is no legal opinion so you take it at your own risk):

- Visitor Status (Aug 2012 or whenever it stated on the visa) to when it expired
- Temporary Resident (from the time it expired till March 2013 when she got the WP) - this is the implied status as temporary resident. If your status is expiring and you apply for extension, you are allowed to stay until a decision has been made. In your case, the application was in process since Jan 2013.
- Worker (from March 2013 till she got PR).

If you guys got PR, I'm sure they verified that you guys did not overstay and complied with the dates / immigration document requirements. From the citizenship perspective, they really are interested to understand how long did you actually stay in Canada for and with what status.

My 2 cents.