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Staying as a visitor while waiting for PR

Slick

Star Member
Feb 2, 2008
51
1
I am a US citizen, and applied for PR under the FSW program. While I am waiting for the PR, can I stay in Canada as a visitor? (for up to 6 months)
I will be meeting with my husband who is currently on a work visa AND also co-applicant on my PR application (Note - he is not a USC). We both will basically be waiting for the PR while already in Canada.
This will also mean that I will have to quit my current job and obviously be jobless and unable to work while living in Canada.
I don't believe that quiting my job will affect my PR application, but just want to make sure that actions do not interfere with the PR application.
BTW, I am an accountant and received my AOR in FEB of 2009.
 

RAN32

Newbie
May 2, 2009
1
0
Slick said:
I am a US citizen, and applied for PR under the FSW program. While I am waiting for the PR, can I stay in Canada as a visitor? (for up to 6 months)
I will be meeting with my husband who is currently on a work visa AND also co-applicant on my PR application (Note - he is not a USC). We both will basically be waiting for the PR while already in Canada.
This will also mean that I will have to quit my current job and obviously be jobless and unable to work while living in Canada.
I don't believe that quiting my job will affect my PR application, but just want to make sure that actions do not interfere with the PR application.
BTW, I am an accountant and received my AOR in FEB of 2009.
 

RobsLuv

Champion Member
Jul 14, 2008
1,838
127
124
Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
n/a
Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
Slick said:
I am a US citizen, and applied for PR under the FSW program. While I am waiting for the PR, can I stay in Canada as a visitor? (for up to 6 months)
I will be meeting with my husband who is currently on a work visa AND also co-applicant on my PR application (Note - he is not a USC). We both will basically be waiting for the PR while already in Canada.
This will also mean that I will have to quit my current job and obviously be jobless and unable to work while living in Canada.
I don't believe that quiting my job will affect my PR application, but just want to make sure that actions do not interfere with the PR application.
BTW, I am an accountant and received my AOR in FEB of 2009.
Your case is a little complicated - so I'm not sure what to tell you. I'm guessing you're thinking you'll wait in Canada with your husband, who is in Canada on a work permit, and he will support you. But you're the PR applicant, with him as an accompanying family member, right? That's not normally how things go ;) so it's a little hard to tell you how to handle it.

I would say the problem you might encounter would be getting into Canada in the first place because you have a PR ap in process - and then you're looking at at least a year, and possibly two years' timeline, for finalization of your FSW application, and you're going to be entering Canada under the premise of being a genuine tourist - authorized to stay only for 6 months if you're admitted. But it sounds like you really intend to stay until your PR is approved - because you're quitting your job. How are you going to keep your temporary status in Canada valid? How are you going to get correspondence from CIC?

I don't know - you might be able to manage it, but whether it's "legal" - I have serious doubts. The risk you take is that you're either forced to leave Canada and keep trying to re-enter every six months in order to stay with your hubby - and if they catch you doing that you can be excluded from Canada . . . which would screw your PR ap. Your only other option is to "overstay" your initial 6 months and pretty much stay under the radar - illegally - until you get PR approval. Neither option is desireable. But coming in strictly as a tourist, without documentation, will not give you an option to apply to extend your legal status from within Canada (plus, I doubt you'd be eligible to have that approved anyway, so it's a risk to do that, too because they'll tell you to go to the border to get new status and that could get you excluded also). So - I don't know. Wish I could be more positive - but your situation really puts you in the position of bending the rules and so, at least IMHO, there is no "right" way to do this.

Maybe someone else will have a different perspective. This inquiry might be better posted in the FSW forum, since yours is not really a family class situation.
 

RickNicky

Full Member
May 13, 2009
35
0
I'm afraid this is accurate ,if you go by the cic website very grey and if you go by the call centre very grey answer ,mostly what you will get is its preferable to mantain a valid status however without a valid status you are open to immediate deportation when they reach a ruling and without a sponsor i would not consider your chances of getting PR very good.
 

RobsLuv

Champion Member
Jul 14, 2008
1,838
127
124
Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
n/a
Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
I just think that quitting your job and trying to spend the next couple of years in Canada without legal temporary status, without the ability to work, without healthcare - and basically hiding so that CIC doesn't know you're here - is not worth the risk of screwing up your FSW ap (which ultimately affects both of you) because you end up "caught" being in Canada illegally. If it were me, I'd keep my job and (genuinely) visit as often as possible.
 

Slick

Star Member
Feb 2, 2008
51
1
RobsLuv said:
Slick said:
I am a US citizen, and applied for PR under the FSW program. While I am waiting for the PR, can I stay in Canada as a visitor? (for up to 6 months)
I will be meeting with my husband who is currently on a work visa AND also co-applicant on my PR application (Note - he is not a USC). We both will basically be waiting for the PR while already in Canada.
This will also mean that I will have to quit my current job and obviously be jobless and unable to work while living in Canada.
I don't believe that quiting my job will affect my PR application, but just want to make sure that actions do not interfere with the PR application.
BTW, I am an accountant and received my AOR in FEB of 2009.
Your case is a little complicated - so I'm not sure what to tell you. I'm guessing you're thinking you'll wait in Canada with your husband, who is in Canada on a work permit, and he will support you. But you're the PR applicant, with him as an accompanying family member, right? That's not normally how things go ;) so it's a little hard to tell you how to handle it.

I would say the problem you might encounter would be getting into Canada in the first place because you have a PR ap in process - and then you're looking at at least a year, and possibly two years' timeline, for finalization of your FSW application, and you're going to be entering Canada under the premise of being a genuine tourist - authorized to stay only for 6 months if you're admitted. But it sounds like you really intend to stay until your PR is approved - because you're quitting your job. How are you going to keep your temporary status in Canada valid? How are you going to get correspondence from CIC?

I don't know - you might be able to manage it, but whether it's "legal" - I have serious doubts. The risk you take is that you're either forced to leave Canada and keep trying to re-enter every six months in order to stay with your hubby - and if they catch you doing that you can be excluded from Canada . . . which would screw your PR ap. Your only other option is to "overstay" your initial 6 months and pretty much stay under the radar - illegally - until you get PR approval. Neither option is desireable. But coming in strictly as a tourist, without documentation, will not give you an option to apply to extend your legal status from within Canada (plus, I doubt you'd be eligible to have that approved anyway, so it's a risk to do that, too because they'll tell you to go to the border to get new status and that could get you excluded also). So - I don't know. Wish I could be more positive - but your situation really puts you in the position of bending the rules and so, at least IMHO, there is no "right" way to do this.

Maybe someone else will have a different perspective. This inquiry might be better posted in the FSW forum, since yours is not really a family class situation.

Hi RobsLuv,
You are right; my case is very unique and complicated. I'm not sure that there ever has been a case similar to mine, but I guess someone got to go first.
First off, let me just clarify that I have no intention whatsoever of being in Canada illegally, I'm aware of the consequences and I'm not willing (or stupid enough) to risk it all for a few months. Based on what I was told at the consulate, and from the info on their website, as a USC I would be able to stay as a visitor for up to 6 months. Before the 6 months expire, I would have to ask for another 6 months extension. Should all go well, I would be able to remain in Canada as a visitor for 1 year hoping that my PR would get approved within that timeframe. Looking at the timelines from other applicants, it seems realistic to receive PR in 13 to 16 months (we're already at 8 months). And because of this new process, I'm thinking it should speed things even more. Worst case, if the PR is not done after a year, I will come back to the US and wait there, while my husband will wait in his home country.
My main concern was that quitting my job would not interfere with the PR process. And after thinking about this over and over, I concluded that it should not. Being currently employed is not a requirement for the FSW process, and I also have extensive experience in my field so I should be fine.
I'm confident that my intentions are legal and will undoubtedly proceed with our plan. I've already visited Canada twice in the past 4 months while my PR was in process. The next time, I'll just stay a little longer...
 

RickNicky

Full Member
May 13, 2009
35
0
Not to eb a wet blanket but mine and my wifes app is having a 3 year anniversary
we have renewed her temp vivitor visa 3 times
and we wait ..some times things are more complicated than others just never give up.
 

Rasha

Hero Member
Apr 26, 2008
529
38
RickNicky said:
Not to eb a wet blanket but mine and my wifes app is having a 3 year anniversary
we have renewed her temp vivitor visa 3 times
and we wait ..some times things are more complicated than others just never give up.
I have to concur Rick... I arrived in Canada in 94, and my daughter was born in 96 and i 'landed' in 97

I did receive AIP in 94/95 but it was brutal waiting...don't loose your status [I maintained my status as a student until I got AIP].

Good Luck