Questions about status and AOR

[quebecnewhusband]

Hello everyone,

I'm the sponsor of my wife who applied for her PR inland at the beginning of October. She's currently under her temporary visitor visa (a multiple entries visa valid for 10 years, as long as she leaves the country every 6 months, which she can't really do after applying for PR). I was always under the impression that after applying, her temporary status would become an "implied" status. But the more I read about it, the more I realize that it would be the case only if she applied for an Open Work Permit at the same time, which she didn't do. I'm starting to fear that she might become "illegal" in February. Am I right? If that's the case, what should we do from this point?

1- Have her apply for a visa extension?
2- Go spend a few hours in the US and come back? Isn't there a risk that they won't let her back in if they know she applied for PR? We already visited New York 2 months ago and everything went quick and easy at the border. Would it be different this time?
3- Have her apply on an Open work permit?
4- Or do nothing, because she's on implied status...?

In other news, we received the aknowledgment of receipt (AOR) today, exactly 25 days after sending the application. I was expecting a much longer delay so that's a pleasant surprise.

Now a questions for those living in Quebec.

I was also under the impression that the AOR was the paper we needed to apply for the Certificat de sélection du Québec (CSQ). But it seems to me that it's missing important informations, including my name as the sponsor. I now believe that this will all come at a later stage. I will receive a paper from the CIC that will ask us explicitely to apply to the Quebec government, am I right?

Thank you!

 

[canuck_in_uk]

1- Have her apply for a visa extension?
2- Go spend a few hours in the US and come back? Isn't there a risk that they won't let her back in if they know she applied for PR? We already visited New York 2 months ago and everything went quick and easy at the border. Would it be different this time?
3- Have her apply on an Open work permit?
4- Or do nothing, because she's on implied status...?

Hi

1. Yes, she will need to extend her visitor status. She can apply online around a month before her current status expires. Include proof of the PR app and proof of finances and she should have no issues getting approved. Ask for a year, just to cover your bases.

2. Inland applicants are not advised to leave Canada during the process. Safer to simply apply online than to do a border run.

3. She can't apply for the OWP until after first stage approval.

4. She does not and will not have Implied Status. If you do nothing, she will be illegal after her status expires in Feb.


Sorry, can't answer the Quebec question.

 

[quebecnewhusband]

Hi

1. Yes, she will need to extend her visitor status. She can apply online around a month before her current status expires. Include proof of the PR app and proof of finances and she should have no issues getting approved. Ask for a year, just to cover your bases.

2. Inland applicants are not advised to leave Canada during the process. Safer to simply apply online than to do a border run.

3. She can't apply for the OWP until after first stage approval.

4. She does not and will not have Implied Status. If you do nothing, she will be illegal after her status expires in Feb.


Sorry, can't answer the Quebec question.

Thank you for your reply.

Regarding point 3 : I've read in some places, but can't get confirmation, that it may be possible to ask for an OWP (in my case, one month later) and have it joined the PR application. I'd like to know if anyone ever did that.

If impossible, then I suppose we will have to ask for extensions every 6 months during 2 years... (which is a bit annoying...)

 

[Cathy645]

Thank you for your reply.

Regarding point 3 : I've read in some places, but can't get confirmation, that it may be possible to ask for an OWP (in my case, one month later) and have it joined the PR application. I'd like to know if anyone ever did that.

If impossible, then I suppose we will have to ask for extensions every 6 months during 2 years... (which is a bit annoying...)

Hi you can apply extension one month before her visa expires and ask as long as you want so that you don't need to keep extending.

I have extended twice: the first extension was 12 months and the second is 18 months. It seems they give you as long as you ask for.

 

[quebecnewhusband]

Hi you can apply extension one month before her visa expires and ask as long as you want so that you don't need to keep extending.

I have extended twice: the first extension was 12 months and the second is 18 months. It seems they give you as long as you ask for.

You mean will are granted a kind of extension that doesn't require you to leave the country every 6 months?

My wife already has a multiple entries visa that is valid until her passport expires in 2018. But next March, it will be 6 months since her last entry. So if we don't want to take the risk to leave the country, she should still ask for a visa extension? And she should apply on another multiple entry? And this time, she doesn't have to leave every 6 months? Do I understand it right?

And if it's not too late to apply on an OWP and have it join the PR application sent 25 days ago, then I think that would be preferable. But does anybody know if it's possible to do that?

Thank you again!

 

[Cathy645]

You mean will are granted a kind of extension that doesn't require you to leave the country every 6 months?

My wife already has a multiple entries visa that is valid until her passport expires in 2018. But next March, it will be 6 months since her last entry. So if we don't want to take the risk to leave the country, she should still ask for a visa extension? And she should apply on another multiple entry? And this time, she doesn't have to leave every 6 months? Do I understand it right?

And if it's not too late to apply on an OWP and have it join the PR application sent 25 days ago, then I think that would be preferable. But does anybody know if it's possible to do that?

Thank you again!

Hi, I have multi-entry visa too but it is risky to keep doing border run for another six months stay because she can be refused to re-enter by customs official. Especially she is supposed to stay inside of Canada the whole processing time if she is doing inland.

You don't need to apply multi-entry visa again. Just need apply extension only and you probably get two year extension if you ask for it.

I don't know if you can do anything about OWP now so you'd better wait for knowledgable member to answer that.

Good luck

 

[28january]

Hi, I have multi-entry visa too but it is risky to keep doing border run for another six months stay because she can be refused to re-enter by customs official. Especially she is supposed to stay inside of Canada the whole processing time if she is doing inland.

You don't need to apply multi-entry visa again. Just need apply extension only and you probably get two year extension if you ask for it.

I don't know if you can do anything about OWP now so you'd better wait for knowledgable member to answer that.

Good luck

Same here, I have a multiple entry visa and the officer at the border gave me a hard time about it. Because even though I was reentering Canada (and you would assume my six months validity start right there and then), they said it's different for land border. The officer simply looks at the last stamp on your passport, and apparently when you drive across the border, you don't get any stamps on your passport so they accused me of overstaying.

Solution - either apply for visa extension, or visitor permit. With a visitor permit (the foldable piece of paper), i believe you can apply for a drivers license as well.

And from what has been discussed on this forum, if you didn't apply for OWP with your PR, I think you have to wait until you get your AIP to apply now.

 

[canuck_in_uk]

My wife already has a multiple entries visa that is valid until her passport expires in 2018. But next March, it will be 6 months since her last entry. So if we don't want to take the risk to leave the country, she should still ask for a visa extension? And she should apply on another multiple entry? And this time, she doesn't have to leave every 6 months? Do I understand it right?

And if it's not too late to apply on an OWP and have it join the PR application sent 25 days ago, then I think that would be preferable. But does anybody know if it's possible to do that?

Understand the difference between a TRV, which allows a person to enter Canada, and visitor status, which allows a person to stay in Canada. Your wife would not be applying for a new TRV, she would be applying to extend her visitor status. http://www.cic.gc.ca/english/information/applications/visitor.asp

You need to specifically request a longer period of time or they will give 6 months. I said in my previous post to ask for a year but knowing that you've only just submitted the PR app, I would suggest asking for 1.5 years.

Those who have wanted to submit OWP apps after the inland PR app have been told by CIC that they must wait until they have AIP before they can send it.

 

[quebecnewhusband]

Big thanks to all of you, Cathy, January and Canuck, this is all more clear now. Looks like my wife will ask for a 1,5 year extension of her visitor status, probably in February. This forum is really awesome.

By the way, 28january, my wife crossed the land border back from a trip to New York and she got a stamp and a date in her passport. I suppose it depends if the border agent feels like stamping your passport or not. Maybe you can even request it if they don't?

 

[Cathy645]

Same here, I have a multiple entry visa and the officer at the border gave me a hard time about it. Because even though I was reentering Canada (and you would assume my six months validity start right there and then), they said it's different for land border. The officer simply looks at the last stamp on your passport, and apparently when you drive across the border, you don't get any stamps on your passport so they accused me of overstaying.

Solution - either apply for visa extension, or visitor permit. With a visitor permit (the foldable piece of paper), i believe you can apply for a drivers license as well.

And from what has been discussed on this forum, if you didn't apply for OWP with your PR, I think you have to wait until you get your AIP to apply now.

I submitted online for extending stay in Canada and just got a piece of paper by mail which was called Visitor Record. I didn't need to send my passport but had to submit all scanned pages except the blank ones.

I did leave Canada twice with my first Visitor Record and re-entered twice without any problem at customs. It seems customs official doesn't care how often you get out and come back if you have a valid Visitor Record and multi-entry visa.

I think Visitor Record is also called Temporary Resident(TR or TRV)but it is different from Temporary Resident Permit(TRP). For more than six months TRP,you are eligible to apply for work permit, but not for TRV. That's just my understanding by reading CIC but I am not very sure whether it is right or not.

 

[Cathy645]

Big thanks to all of you, Cathy, January and Canuck, this is all more clear now. Looks like my wife will ask for a 1,5 year extension of her visitor status, probably in February. This forum is really awesome.

By the way, 28january, my wife crossed the land border back from a trip to New York and she got a stamp and a date in her passport. I suppose it depends if the border agent feels like stamping your passport or not. Maybe you can even request it if they don't?

No worries.
Please remember to submit an explanation letter when applying for extending stay. I am sure it helps to get as long as you ask for.

Hope everything will go smooth with you.

Good luck

 

[canuck_in_uk]

I think Visitor Record is also called Temporary Resident(TR or TRV)but it is different from Temporary Resident Permit(TRP). For more than six months TRP,you are eligible to apply for work permit, but not for TRV. That's just my understanding by reading CIC but I am not very sure whether it is right or not.

A visitor record is not the same thing as a TRV. The first allows a person to stay in Canada while the second allows a person to enter Canada.

A TRP is a special permit granted to those who have a compelling reason to enter Canada but are otherwise inadmissible for reasons such as criminal history, medical problems etc. They require special approval and are very rarely given.

 

[Cathy645]

A visitor record is not the same thing as a TRV. The first allows a person to stay in Canada while the second allows a person to enter Canada.

A TRP is a special permit granted to those who have a compelling reason to enter Canada but are otherwise inadmissible for reasons such as criminal history, medical problems etc. They require special approval and are very rarely given.

Hi Canuck, I got it now. You are so knowledgable.
Thank you very much.