I am an American citizen. My boyfriend of 3 years is a Canadian citizen. We are planning to get married in Canada in November. He would like for me to live with him in Canada so I have already started gathering the information and documents I will need to apply for permanent residency. I do have to come back to the states in January for a friends wedding. But then I am wanting to return to Canada. My question is, if I have applied for permanent residency already and can show proof of that, will they let me back into the country and can I stay with my husband on implied status until I receive a decision? OR, if I wait to apply for permanent residency until after January (given that I get back into Canada) will I be able to stay with him after I apply on implied status? Please let me know as I need to find out this information as soon as possible.
question that seems to be really unclear
- Thread starter christinamh
- Start date
There isn't any "implied status" with permanent residency applications unless the application is made inland. I presume since you intend to travel to the US that you will be applying outland - there is no implied status with outland applications. Since you are from a visa-free country there is a chance that Canada border officers will allow you to stay until a decision is made if you show them proof of your PR application when you land. There is no guarantee as this is a decision each border control officer makes for themselves but it's worth being honest at the border. Whether you apply now or later you will still need to seek permission to stay.
If you apply inland, then you have implied status for as long as you stay within Canada. This just means you don't ever need to worry about extending a visitors permit. However as soon as you leave Canada, the implied status ends. If you leave the country for an extended time with an inland application, or if for any reason you're denied re-entry back into Canada, the inland application would be cancelled and you would have to start over again.christinamh said:
For outland apps, there is no implied status but you are free to be in the USA or Canada or travel wherever during the application process. If staying in Canada with an outland app, you just need to make sure you have proper visitor status. If you intend to travel to the USA soon or anytime during processing, then you should do an outland application.
Agreed it Rob_TO. The rules are very clear when it comes to implied status and spousal applications.Rob_TO said: