How do I maintain my status as a visitor while the sponsorship processes? I am a US citizen applying for spousal sponsorship with my Canadian husband. I am currently in Canada and have a visitor record allowing me to stay for two months but obviously we need longer than that. Do we just submit an extension request? Should we tell them I am waiting for the papers to process or should we come up with another reason to make it sound like I am only visiting? The closest ties I have to my home are my family and online college, but no jobs or property. I do not need to work or study while I am here, I just need to be able to stay until my residency processes.
Staying during spousal sponsorship
- Thread starter Cmichele03
- Start date
Depends if you are applying inland or outland. If outland, you must apply to extend your visitor status from within Canada before your two month allowed visit expires. If inland, then provided you submit the inland application along with an OWP and it arrives before your two month visit ends, you have implied status and can remain in Canada. However even if you apply inland, you'll still want to apply for an extension since if your application is incomplete, it will be returned to you and you will be in Canada without status. In the extension application, you should state the facts regarding why you are in Canada and requesting an extension (i.e. spousal sponsorship).
First, do yourself a favor and dont lie to them.Especially if you already applied for PR. they will know why you want to stay and it will get you in trouble. Its not clear from your post, did you apply already or not? and if you did, is it and inland or outland?
When I drove in I told them it was just to visit my friends, which is true, and I do plan on flying back home to America once my current visitor record expires, but only briefly, I want to be able to fly back to Canada again and stay after that. We didn't have any applications in when I crossed into Canada and I didn't mention being married. We haven't sent in the application yet, we hope to do so within the month, as soon as we gather all of our documents. I don't want to file until we're sure of what we need to do regarding my status.
You can send you app inland, with an open work permit, that will allow you to stay here until youll get the PR. Its better not to leave Canada during the process cause if you wont be allowed back here youll have to cancel your app (and anyway you have to live here so you can leave only for short period of time. As already advised, still better to extend your visitor visa in case you app will be returned. If your app is accepted for process you should get you WP in about 4 months and PR in about 1 year.
OR you can apply outland, but then you wont be able to apply for a WP. you will still have to extend you visitor status. you wont have to stay here during this time. so its sounds like the first option is better for you.
I just worry if I don't go home in the two months I'll get in trouble because that's what we told the immigrantion officers I was here for. If I apply for an extension now and don't go back home will it be an issue that I didn't mention we were also applying for my residency while I was here?
As far as i know it wont be a problem. I would apply for the OWP and PR (inland) asap, and apply for the extension about a month before expiry date.
As long as you apply to extend your status before it expires, you will not be in trouble. You were not required to mention that you were planning to apply for PR.
American outland apps are processed very quickly, usually within about 6 months.
We ended up seeing a consultant to be sure, thank you so much everyone for all the help, all your answers were correct. We did not have to tell them we were married or applying for residency unless they ask specifically, all we have to do now is apply for the extension.