Question: Can my spouse visit/stay in Canada while her PR app is in process?

[IanCR]

New to the Forum:

First of all Hi to everyone and thank you in advance for your time and help.

My question is:

I'm a Canadian Citizen living in Costa Rica. My wife is from Costa Rica and I've submitted a sponsorship application for permanent residence in February 2013. I have also received acknowledgement from CIC that the application is received.

My wife also has a multiple entry TRV. She has visited Canada once with me a few years ago.
Can she come with me and stay in Canada while her application is in process?? Can she live or work in Canada?
.........
I couldn't find a specific answer on CIC web site. I've seen quotes on other forums pasted from the CIC site:


•you can leave and re-enter Canada while your application is being processed
as long as you meet all requirements to enter Canada
•if you want to work in Canada while your application is being processed,
you must apply for a regular work permit
.......
This quote is no longer present on the CIC web site. I'm wondering if this is still the case.

The reason I'd like her to come now is because our son is supposed to start school in September and I don't want to waste valuable time. So the idea is to go to Canada now, sort out the school situation and basically wait IN Canada until her PR status is approved.

We don't want to break any rules but since she is already allowed to enter Canada we thought we can just wait there.

Thanks for your time

IanCR

 

[Sweden]

Hey,

If she already has a TRV, then she can come to Canada. Most non-visa-exempt spouses have a hard time getting a TRV once the application is approved, but if she already has one, then it shouldn't be an issue. It's legal. Just make sure that at the border you are a bit careful about what you say, because border officers might be careful that she will overstay if she is not approved (which is not likely since you live together and have a child etc.).
So - just make sure that you say that she is coming to "visit you", as technically she is not moving to Canada, or not living there - she is visiting, albeit long term.

She can not work in Canada until her application is approved, and you might have to look at private insurance for healthcare as she might not be covered (unless you're headed to Alberta and BC who can cover dependents).

Once she is in Canada, just make sure she stays in status, as her PR application doesn't give her any privileges... so before her visa expires, file for an extension with the proofs that you have applied for PR ( sponsor approval for example) and it should be OK.

If an interview is required, she will be required to go to Costa Rica, but otherwise she will have to send her passport to the embassy for the end of the process.
Good luck,
Sweden

 

[IanCR]

Thanks a lot..

This is how I saw things more or less.. yeah she got the multiple entry visa before we started the application for the PR, and yes we are going to BC, so if I can put her on my Health Care plan that would be great.

Thanks again for your reply

Cheers

IanCR

EDIT:
Regarding the following comment:
"Once she is in Canada, just make sure she stays in status, as her PR application doesn't give her any privileges... so before her visa expires, file for an extension with the proofs that you have applied for PR ( sponsor approval for example) and it should be OK.
"
...
Her Multiple Entry TRV is valid until 2018 how do I know when her visa "expires"? Do the immigration officers decide that at the border or there's a predefined period like in the US (which is 6 months.. I think)?

 

[Sweden]

If you're still a BC resident, then you will get under MSP right away. If not, there is a waiting period for you as well (for most people at least), but you can try adding your spouse once you're covered. Most MSP officers don't know about it, but the 3 months waiting period ( or 2 months + remaining of waiting period) starts when CIC has received the application, not when she becomes a PR. You might have to fight for it a little, but in case you need it, here's the link. http://www.health.gov.bc.ca/msp/infoben/pdf/covering-a-spouse-or-child-who-is-an-applicant-for-permanent-resident-status-in-canada.pdf

When she gets in the country, she will be given a period of time ( usually 6 months but can be less, it's up to the border officer). 1 month before it expires, then apply online to get an extension. Once you've filed for an extension, she will be under implied status until she gets the answer for the extension. ( so - if her stamp at entry expires let's say 31st October, file for an extension 30th September... if by 31st October she hasn't gotten the answer from CIC about her extension, then she is under implied status until she has the answer for the extension).
The fact that her visa is valid until 2018, it doesn't mean that she can stay until 2018 - just that she can use it until that date.

Good luck,
Sweden

 

[IanCR]

The fact that her visa is valid until 2018, it doesn't mean that she can stay until 2018 - just that she can use it until that date.

Good luck,
Sweden

I knew that Sweden but thanks anyway.. .. It's a multiple entry visa this is why is for such an extended period of time.

You've been very helpful. Especially with the info about the BC Health Plan.
Thanks a lot.

 

[Aguaymanto]

I'm in a similar situation at the moment! Could we get an update to see how it went? Thanks!