Questions about a visitor record

[Rogie]

Hi,
First, I posted in the Spousal PR section over a year ago, and thank you everyone who answered some of my questions then, and thank you in advance, EVERYONE, for helping me here,

So, I lived in S. Korea from 2000 to 2018, (still have perm. res. in S. Korea). I retired and got my Cdn residency status back in Oct 2018, and have been visiting back and forth with my wife in S. Korea since then. My Korean wife was planning to appy for perm res in Canada, but last June was diagnosed with breast cancer. She had surgery and therapy in June 2019, she is clear, her tests are negative and we hope it's clear but we want to wait a few years before applying for perm. residency now. She visited me after her surgery last year from July to Nov last year. So, our perm. res. is on hold.

I'm in Korea now, and will come home next month in March. We were planning that she would come about April 1st. She came last time just on her ETA, she never gets asked questions very much and she comes through Vancouver where they have the electronic kiosks. So, I'm getting to my questions (sorry). So, if she comes April and her ETA allows her to stay 6 months, same as last summer, if we apply for a visitor record so that she could stay in Canada for about 2 or maybe 3 months more at the maximum, and then go back to Korea in December, and we'd have 8 or 9 months in Canada instead of just 5.5 or 6 months in Canada, what do you all think about our case for being granted approval of a 3 months extension in the form of a visitor record. We just want to be together as husband and wife for 3 more months in Canada, in addition to the normal 6 months an ETA allows.
Also, do they ALWAYS require a medical, or, if we were asking for ONLY a 3 month extension, would that requirement perhaps not be a certainty? I'm sorry for writing so long a post. Any ideas, tips, or any suggestions are welcome.

 

[Jets13]

Just checking processing times online seems like the current processing time for an extension is about 114-120 days. During that time you have implied status until a decision is made. So she would be able to stay while they make a decision, since you will leave 60-90 days later the application is pretty much cancelled after you leave.
Obviously the stay could be less than 6 months in the first place as its up to the border official. And processing could be quicker than 114-120 days as that's when they complete most not all.

Also curious as to why your PR is on hold? Because she is your wife I do not think medical inadmissibility applies in her case. So you could apply for PR right away, unless you potentially might not be covered here?

Exemptions from inadmissibility on grounds of excessive demand
As per paragraphs R24, R117(g) and R139(4), excessive demand determinations under A38(1)(c) do not apply to:

• spouse, common-law partner or conjugal partner
• a dependent child (including an adopted a child) of the sponsor, or of the sponsor’s spouse, common-law partner or conjugal partner;
• Convention Refugees;
• protected persons.

Although such individuals must undertake a full immigration medical examination, they are not assessed for excessive demand.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/exam/medical-exemptions.html

 

[Rogie]

Just checking processing times online seems like the current processing time for an extension is about 114-120 days. During that time you have implied status until a decision is made. So she would be able to stay while they make a decision, since you will leave 60-90 days later the application is pretty much cancelled after you leave.
Obviously the stay could be less than 6 months in the first place as its up to the border official. And processing could be quicker than 114-120 days as that's when they complete most not all.

Also curious as to why your PR is on hold? Because she is your wife I do not think medical inadmissibility applies in her case. So you could apply for PR right away, unless you potentially might not be covered here?

Exemptions from inadmissibility on grounds of excessive demand
As per paragraphs R24, R117(g) and R139(4), excessive demand determinations under A38(1)(c) do not apply to:

• spouse, common-law partner or conjugal partner
• a dependent child (including an adopted a child) of the sponsor, or of the sponsor’s spouse, common-law partner or conjugal partner;
• Convention Refugees;
• protected persons.

Although such individuals must undertake a full immigration medical examination, they are not assessed for excessive demand.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/exam/medical-exemptions.html

Thanks for your help - so much.

I had read about the medical 'excessive demand' thing you referred to, and worried, sounds good in theory, but, does it what if it holds up the process, instead of taking 12 months (average inland spousal pr processing time, I think), it could take 18 months or 2 years or something. My wife's mom is 88 and we worry her health will worsen (it's not good), she'd have to come back to Korea, and that might jeopardize her PR status while we were waiting.

Also, if we just wanted to ONLY do 8 or 9 months of visiting in Canada for a couple of years, this would be easier than doing the application package; you know PR is a lot of paper work, we both were married before, so there is a lot of translation of docs, etc etc etc. I'm not trying to make excuses for how difficult the process is, but, it's seems like a lot of paper work; even, like showing how I support would support her financially in Canada, proof of her residence in Cda, etc etc etc, sorry, it's crazy. We got married LEGALLY at the Canadian consulate/embassy in Busan Korea, but they ask about religious ceremonies and providing pictures of the wedding etc etc etc, we didn't have a formal ceremony, we just got married and we are legally married. Anyways, sorry to digress.

My main point is that if we wait a year or two to do the PR application, it would be easier I think.
So, with that in mind, I know you said the processing can take 100 days or so, and, literally, we don't even need that long of an extension, do you think it would be approved, is again, what I am asking, AND, do you think that could be approved faster than the 100 day processing, and, what about the medical for the visitor record application, do you have any ideas about that? I live in a small town in BC, I don't even have a family doctor, and go to any clinic in town, cause they don't take new patients, and there are NO walk in clinics, if we had to go to another city to get a medical done JUST so she could get a 2 or 3 month extension, I'm not even sure if it would be worth applying for it. And, if the processing CAN take 100 days and she was going to go back before the processing was completed, then, if a medical exam is necessary, well, she could be gone before she even has to do it. But, what if they approve it very quickly, because, I would think we should have a good case (wanting my wife to be with me in Canada) AND, they send us the visitor record very quickly, BUT, we have to do a medical, that would be annoying, we'd have to go to Calgary or Kelowna, or god knows where. (I'm frustrated sorry), I don't even know if it would be worth applying for the visitor record, if we had to get a medical otherwise she would end up being in a illegal status situation because we didin't do the medical, but, she's already left the country.
Again, my question, do you think a medical WOULD be required if asking for ONLY A 2 or 3 month visitor record extension.
Thanks again so much for your feedback Jets,
Mark

 

[canuck_in_uk]

Thanks for your help - so much.

I had read about the medical 'excessive demand' thing you referred to, and worried, sounds good in theory, but, does it what if it holds up the process, instead of taking 12 months (average inland spousal pr processing time, I think), it could take 18 months or 2 years or something. My wife's mom is 88 and we worry her health will worsen (it's not good), she'd have to come back to Korea, and that might jeopardize her PR status while we were waiting.

Also, if we just wanted to ONLY do 8 or 9 months of visiting in Canada for a couple of years, this would be easier than doing the application package; you know PR is a lot of paper work, we both were married before, so there is a lot of translation of docs, etc etc etc. I'm not trying to make excuses for how difficult the process is, but, it's seems like a lot of paper work; even, like showing how I support would support her financially in Canada, proof of her residence in Cda, etc etc etc, sorry, it's crazy. We got married LEGALLY at the Canadian consulate/embassy in Busan Korea, but they ask about religious ceremonies and providing pictures of the wedding etc etc etc, we didn't have a formal ceremony, we just got married and we are legally married. Anyways, sorry to digress.

My main point is that if we wait a year or two to do the PR application, it would be easier I think.
So, with that in mind, I know you said the processing can take 100 days or so, and, literally, we don't even need that long of an extension, do you think it would be approved, is again, what I am asking, AND, do you think that could be approved faster than the 100 day processing, and, what about the medical for the visitor record application, do you have any ideas about that? I live in a small town in BC, I don't even have a family doctor, and go to any clinic in town, cause they don't take new patients, and there are NO walk in clinics, if we had to go to another city to get a medical done JUST so she could get a 2 or 3 month extension, I'm not even sure if it would be worth applying for it. And, if the processing CAN take 100 days and she was going to go back before the processing was completed, then, if a medical exam is necessary, well, she could be gone before she even has to do it. But, what if they approve it very quickly, because, I would think we should have a good case (wanting my wife to be with me in Canada) AND, they send us the visitor record very quickly, BUT, we have to do a medical, that would be annoying, we'd have to go to Calgary or Kelowna, or god knows where. (I'm frustrated sorry), I don't even know if it would be worth applying for the visitor record, if we had to get a medical otherwise she would end up being in a illegal status situation because we didin't do the medical, but, she's already left the country.
Again, my question, do you think a medical WOULD be required if asking for ONLY A 2 or 3 month visitor record extension.
Thanks again so much for your feedback Jets,
Mark

Her medical situation would not be an issue or cause a delay for PR.

The visitor extension processing times are fairly accurate. Do not expect approval before the posted time.

Yes, a medical will be requested regardless because she would be staying more than 6 months. If she leaves before the extension is processed, she could try to withdraw the app before the medical is requested.

 

[Rogie]

Thanks Canuck for your help.
There is a thread here that is related to my question.
So, I have a follow up question or two.
You mention don't expect the approval to be sooner (or not much sooner) than the stated times; the times are pretty accurate you suggest. That's good and fine.
It's like this then, if she comes to Canada on April 1st, and she comes through Vancouver immigration, with the electronic kiosk, they will not likely stamp her passport with any expiry date, this is the most likely scenario, like last summer when she visited me. In fact, I think she's visited Canada about 5 times in the last 20 years, and never rec'd an expiry date stamp in her passport. So, as per normal, her time allowed in Canada would be the normal 6 months (S. Korean passport).
If we applied for a visitor record 1 month before her expiry, around the end of August, and requested a 2 month extension (which would allow her to stay until the end of November rather than until the end of September, then, until we receive either approval or refusal, she is considered to be legal under 'assumed' status during the waiting time. So, if we apply 1 month early and the approval/refusal comes 3 months later, that is right about the time she would plan on leaving.
Would the request for the medical come at the same time as the approval, or do you think the medical request comes much earlier, and is used in order to determine the approval? In another thread, a person stated they got their visitor record approval and at the same time, they were asked to provide a medical.
So, again, if she has already left the country, and then we rec'd the approval and the request for the medical, would she retroactively be sort of deemed to not have had 'assumed' status while waiting because she didn't finish the process by getting the medical (even though she left the country)? We could certainly call CIC when she gets back to Korea and tell them she has already left the country and ask them to cancel the request for approval. There was some debate in the thread I linked and one person suggested that the application to extend might be cancelled by her act of leaving, but, since CIC does not record people leaving the country, another person suggested, since they wouldn't know, the application would likely still get processed. Or, could it be that her leaving would be somehow, similar to 'assumed' status while waiting, there would be 'assumed' cancelling of the application by leaving as well. Sorry for the length of my post. Thank you anyone for your help, so appreciated; a little stressful as you all know.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/left-canada-before-visitor-extension-decision-do-we-need-to-withdraw.398502/

 

[canuck_in_uk]

Thanks Canuck for your help.
There is a thread here that is related to my question.
So, I have a follow up question or two.
You mention don't expect the approval to be sooner (or not much sooner) than the stated times; the times are pretty accurate you suggest. That's good and fine.
It's like this then, if she comes to Canada on April 1st, and she comes through Vancouver immigration, with the electronic kiosk, they will not likely stamp her passport with any expiry date, this is the most likely scenario, like last summer when she visited me. In fact, I think she's visited Canada about 5 times in the last 20 years, and never rec'd an expiry date stamp in her passport. So, as per normal, her time allowed in Canada would be the normal 6 months (S. Korean passport).
If we applied for a visitor record 1 month before her expiry, around the end of August, and requested a 2 month extension (which would allow her to stay until the end of November rather than until the end of September, then, until we receive either approval or refusal, she is considered to be legal under 'assumed' status during the waiting time. So, if we apply 1 month early and the approval/refusal comes 3 months later, that is right about the time she would plan on leaving.
Would the request for the medical come at the same time as the approval, or do you think the medical request comes much earlier, and is used in order to determine the approval? In another thread, a person stated they got their visitor record approval and at the same time, they were asked to provide a medical.
So, again, if she has already left the country, and then we rec'd the approval and the request for the medical, would she retroactively be sort of deemed to not have had 'assumed' status while waiting because she didn't finish the process by getting the medical (even though she left the country)? We could certainly call CIC when she gets back to Korea and tell them she has already left the country and ask them to cancel the request for approval. There was some debate in the thread I linked and one person suggested that the application to extend might be cancelled by her act of leaving, but, since CIC does not record people leaving the country, another person suggested, since they wouldn't know, the application would likely still get processed. Or, could it be that her leaving would be somehow, similar to 'assumed' status while waiting, there would be 'assumed' cancelling of the application by leaving as well. Sorry for the length of my post. Thank you anyone for your help, so appreciated; a little stressful as you all know.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/left-canada-before-visitor-extension-decision-do-we-need-to-withdraw.398502/

The medical is generally requested upon approval, as a condition. As I said, if she leaves before approval, she can try to withdraw.

 

[Rogie]

The medical is generally requested upon approval, as a condition. As I said, if she leaves before approval, she can try to withdraw.

Thanks again, when you say she can try to withdraw, I'm getting a sense that just calling CIC and asking to withdraw isn't just that simple. Is there some reasons she wouldn't be able to withdraw the application, if we phoned CIC?

If it's not possible to withdraw by phoning CIC, or through email correspondence or some other means, then, leaving before she actually receives the approval, do you think that affects the 'assumed' visitor status during the waiting period at all. I know these are hypotheticals, but, just wondering your opinion and appreciate your feedback; I know there are no certainties, but, just what do you think, any experience or have you heard of this situation perhaps?

It's strange actually, seeking a 2 month extension from a process that requires 3 months for an answer. Do you think short extension requests, straightforward ones, like 2 months, could POSSIBLY be granted without medical and much quicker than the average 116 days? Do you have any experience in these situations perhaps?

 

[canuck_in_uk]

Thanks again, when you say she can try to withdraw, I'm getting a sense that just calling CIC and asking to withdraw isn't just that simple. Is there some reasons she wouldn't be able to withdraw the application, if we phoned CIC?

If it's not possible to withdraw by phoning CIC, or through email correspondence or some other means, then, leaving before she actually receives the approval, do you think that affects the 'assumed' visitor status during the waiting period at all. I know these are hypotheticals, but, just wondering your opinion and appreciate your feedback; I know there are no certainties, but, just what do you think, any experience or have you heard of this situation perhaps?

It's strange actually, seeking a 2 month extension from a process that requires 3 months for an answer. Do you think short extension requests, straightforward ones, like 2 months, could POSSIBLY be granted without medical and much quicker than the average 116 days? Do you have any experience in these situations perhaps?

She would submit the withdrawal request by Webform, not by phoning.

IRCC sometimes decides not to withdraw apps. No way to know for sure if they will or won't.

No, it won't affect her Implied Status. However, if the app proceeds and a medical is required after she has left, she should comply in order to prevent any issues in further apps.

No. It doesn't matter how long the extension request is for. The medical is required for stays over 6 months and the apps are processed by order of receipt.

 

[Rogie]

She would submit the withdrawal request by Webform, not by phoning.

IRCC sometimes decides not to withdraw apps. No way to know for sure if they will or won't.

No, it won't affect her Implied Status. However, if the app proceeds and a medical is required after she has left, she should comply in order to prevent any issues in further apps.

No. It doesn't matter how long the extension request is for. The medical is required for stays over 6 months and the apps are processed by order of receipt.

Thanks so much, I found the Webform site, and it is all fairly simple to fill out to, as you said, 'try' to withdraw the application.
If, for whatever reasons, they don't want to withdraw it, and we've come back to Korea, we could get the medical done here and still submit it, so as to make sure any applications in the future, are not put at any risk. We live in Daegu, and there are immigration panel Drs. in Busan, which wouldn't be too much problem for my wife to go to. Hopefully, we can withdraw, or, if not, perhaps, we can plead, that we have difficulty submitting the medical, and since we have left, maybe they take that into consideration, and just say, fine, you don't need to submit it now.
Thanks again so much for your help.
And, the part about, her implied status not being affected if we leave before the application is processed (approval or refusal either way) is good news, so, thanks for that also.
Just, thank you again.

https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx?AspxAutoDetectCookieSupport=1