Sponsoring my fiance, questions about Visitor Status.

[Canadian1981]

Hi there,

My fiance is French, and I'm a Canadian Citizen. She's currently here with a 6 month Visitor Status, which expires April 5th. We're getting married here (Alberta) April 11th, and then we'll be applying for her PR. I was wondering if it would be possible for us to flagpole at the border (US) a week or two before her status is up to get an extension or "reset". We will be applying outland while she is living with me here, and we'll probably apply for an extension along with an update to her current status to say that we're married, when we put the PR application in.
We'd just apply for an extension online, but my concern is that she'll need to get her status updated just 5 days after her original status expires. If I understand correctly it's $100 for the extension and another $100 for the status update.
Also, her passport expires in Feb of 2016, would it be a bit touch-and-go whether we'd need to have her new passport before PR comes through?

If we go the flagpole rout (which to me makes the most sense) are there any documents we should bring along to make sure things go smooth? (Other than the standard proof of funds)

Thanks in advance.

 

[flamand_quebec13]

Don't forget that for an Outland application sometimes an interview is required within the VISA office where the application has been sent to.
Considering your fiance is from France, the possibility exists she might have to fly to Paris then.

If you however do an Inland Application, the process for her to become a permanent citizen will take longer.
However, she will be allowed to stay within Canada while the process is going on and with the new changes should receive an open work permit as well within 4-6 months.

I wish you otherwise the best of luck.

 

[innosense]

first of all you cannot apply for extension after status expires. you have to do it BEFORE, recommended to apply a month before expiry.
Not sure if you can flag pole for extension. Do you have a US visitor visa. Anyways why would you do this weeks before ur marriage. What if you are denied entry ? How will you get married ?
If you are successful then you get another 6 months, you don't have to apply for extension again.

There is nothing called status update. You just have to file your PR after marriage.


The Best thing to do will be applying for online visitor extension around March 5th. Current processing time is 41 days. In reality a bit longer than that.
You will have implied status till you hear from them. you can get married without any anxiety and proceed with PR application.

 

[Canadian1981]

Don't forget that for an Outland application sometimes an interview is required within the VISA office where the application has been sent to.
Considering your fiance is from France, the possibility exists she might have to fly to Paris then.

If you however do an Inland Application, the process for her to become a permanent citizen will take longer.
However, she will be allowed to stay within Canada while the process is going on and with the new changes should receive an open work permit as well within 4-6 months.

I wish you otherwise the best of luck.

Thanks for this, we're applying outland with a flight to Paris in mind. We both enjoy travelling a lot, and not being able to leave the country for a couple years would be crushing.

 

[rhcohen2014]

However, she will be allowed to stay within Canada while the process is going on and with the new changes should receive an open work permit as well within 4-6 months.

this has yet to be proven. currently it's certainly NOT taking 4-6 months to receive an OWP. we have yet to see if the new pilot program will shorten the wait. no one knows for sure if it's 4 months from the day the application is received or 4 months from when CIC sends an AOR. these are both very different timelines. it is not reasonable to say it will take 4-6 months for an owp yet. we won't know this to be true until AT LEAST mid march, when the first round of applicants in the pilot program potentially *start* receiving the owp.

For an applicant from France, it is FAR better to apply outland. Paris has one of the quickest offices, even when an interview is called. there is absolutely NO reason to apply inland, since they can potentially be approved as a pr before an OWP would even be issued.

 

[Canadian1981]

first of all you cannot apply for extension after status expires. you have to do it BEFORE, recommended to apply a month before expiry.
Not sure if you can flag pole for extension. Do you have a US visitor visa. Anyways why would you do this weeks before ur marriage. What if you are denied entry ? How will you get married ?
If you are successful then you get another 6 months, you don't have to apply for extension again.

There is nothing called status update. You just have to file your PR after marriage.


The Best thing to do will be applying for online visitor extension around March 5th. Current processing time is 41 days. In reality a bit longer than that.
You will have implied status till you hear from them. you can get married without any anxiety and proceed with PR application.

Yes, she's got a visa for the US. I don't believe it's necessary for flag poling though as you just tell them what you're up to and the US customs give you a slip saying you refused entry. (Or something similar) You don't actually step foot on US soil.

Anyhow, my main concern is about her visitor status. On the extension form it asks for marital status and if she has got family here that are Citizens, or Permanent Residents. When she applies, those answers will be "Single" and "No". However very shortly after that those answers will be incorrect, and we just want to be sure CIC won't decide she's here illegally because she "lied" on her visitor extension form. Unfortunately the timing with her status expiration and our wedding are 5 days apart, in the wrong direction.

Again, thanks for any help.

 

[rhcohen2014]

Yes, she's got a visa for the US. I don't believe it's necessary for flag poling though as you just tell them what you're up to and the US customs give you a slip saying you refused entry. (Or something similar) You don't actually step foot on US soil.

Anyhow, my main concern is about her visitor status. On the extension form it asks for marital status and if she has got family here that are Citizens, or Permanent Residents. When she applies, those answers will be "Single" and "No". However very shortly after that those answers will be incorrect, and we just want to be sure CIC won't decide she's here illegally because she "lied" on her visitor extension form. Unfortunately the timing with her status expiration and our wedding are 5 days apart, in the wrong direction.

Again, thanks for any help.

as long as the information will be correct as of the day she submits the application, she isn't lying. the application asks for information as of the date you send it in, not as of 5 days later. she can simply write a cover letter explaining what's going on. the fact she's getting married to a canadian and plans to apply for pr (which you certainly want to mention) will ensure she has a very low risk of refusal. pr applicants or *potential* pr applicants are rarely refused extensions.

 

[innosense]

Yes, she's got a visa for the US. I don't believe it's necessary for flag poling though as you just tell them what you're up to and the US customs give you a slip saying you refused entry. (Or something similar) You don't actually step foot on US soil.

True , US visa is not required for flag poling. Ideally people go for the US administrative refusal when they are landing as a PR.
Am not sure how well this will go for extension.

Read from ur previous posts that you are planning for honeymoon ..is it outside canada ? In that case you will lose implied status while u r waiting on the online extension and any extension obtained will be reset.

 

[flamand_quebec13]

this has yet to be proven. currently it's certainly NOT taking 4-6 months to receive an OWP. we have yet to see if the new pilot program will shorten the wait. no one knows for sure if it's 4 months from the day the application is received or 4 months from when CIC sends an AOR. these are both very different timelines. it is not reasonable to say it will take 4-6 months for an owp yet. we won't know this to be true until AT LEAST mid march, when the first round of applicants in the pilot program potentially *start* receiving the owp.

For an applicant from France, it is FAR better to apply outland. Paris has one of the quickest offices, even when an interview is called. there is absolutely NO reason to apply inland, since they can potentially be approved as a pr before an OWP would even be issued.

http://www.cbc.ca/news/politics/canada-launches-pilot-program-for-spouses-waiting-for-permanent-residency-1.2881460

This an article around the recent change that occured. In there it has been mentioned OWP should be granted now within 4 months. Off course I agree that this is yet speculation at this point and outland application is indeed more interesting.
However, I for example cannot afford the risk flying back and forth to Paris (I am a Belgian applying for Inland) as well as the fact that I am only allowed in Canada based on a Workers Holiday Program visa that only lasts untill mid September.
I am hoping to receive a work permit sooner than my visa expires so I can continue working for the same employer without interruption. Also I don't want to risk denial for remaining in Canada under a visitor status.

 

[rhcohen2014]

http://www.cbc.ca/news/politics/canada-launches-pilot-program-for-spouses-waiting-for-permanent-residency-1.2881460

This an article around the recent change that occured. In there it has been mentioned OWP should be granted now within 4 months. Off course I agree that this is yet speculation at this point and outland application is indeed more interesting.

all that says is that it will issue a work permit in 4 months. it does not specify when that 4 months actually starts. as already explained, there is a dramatic difference if the four months is when the application is considered received or if the 4 months starts AFTER CIC sends an acknowledgement of receipt (which is currently taking 4+ months for most applicants). therefore it is quite possible it will take 8 months to receive an owp - 4 months wait for the AOR (acknowledgement of receipt) + 4 months to wait for the OWP to be processed. if that is the case, you are better off applying outland through paris because most applicants are approved in that amount of time or less, i believe. again, no one will know which one CIC decides to do until the first round of applicants receive their OWP per the pilot program.

i would recommend checking the paris thread about how likely it is for applicants to get called in for interviews. for MOST visa offices, a majority of applicants are WAIVED the interview, and as long as the application shows a genuine relationship, has no dependant or criminal issues, then there is a low risk of an interview. the "risk" of an interview generally is NOT a reason to apply inland either. Again you will want to inquire in the paris thread as to what the "trend" is for interviews.

 

[canuck_in_uk]

Anyhow, my main concern is about her visitor status. On the extension form it asks for marital status and if she has got family here that are Citizens, or Permanent Residents. When she applies, those answers will be "Single" and "No". However very shortly after that those answers will be incorrect, and we just want to be sure CIC won't decide she's here illegally because she "lied" on her visitor extension form. Unfortunately the timing with her status expiration and our wedding are 5 days apart, in the wrong direction.

As said above, she will not be lying, as her information will be current as of the date that she applies.

I would STRONGLY suggest avoiding a border run to extend her status. Just pay the $100 and submit the extension online around a month before her status expires.

 

[canuck_in_uk]

However, I for example cannot afford the risk flying back and forth to Paris (I am a Belgian applying for Inland) as well as the fact that I am only allowed in Canada based on a Workers Holiday Program visa that only lasts untill mid September.
I am hoping to receive a work permit sooner than my visa expires so I can continue working for the same employer without interruption. Also I don't want to risk denial for remaining in Canada under a visitor status.

The chances of an interview for a straightforward app for a visa-exempt person from a developed country such as Belgium are nearly non-existent. You really shouldn't factor that into your inland/outland decision.

Also, there is pretty much no chance that an app to change your status to visitor to remain in Canada would be refused.

Paris is a fast office. You would most likely be a PR by the end of the year.

 

[flamand_quebec13]

How fast are the processing times for Paris?
I have seen so far things being processed like in 6 months.

 

[rhcohen2014]

How fast are the processing times for Paris?
I have seen so far things being processed like in 6 months.

if you are seeing 6 months, then WHY on earth are you planning to waste 2 years in inland limbo? just because you *may* receive an OWP in *maybe* 4 months? Again, that makes no sense whatsoever, since you would be totally approved within the same amount, or close to that time. again, to see what is "trending" for the paris office, you will need to find the paris office thread. usually, there is a spreadsheet available to show the progress.

 

[flamand_quebec13]

I haven't send my application yet, I did already work a bit for the outland application and decided to keep all forms just in case. I guess I know what to do now.