successfully entered canada but with some restrictions....

[jclark]

Hi all

Yesterday my fiance arrived and was admitted but immigration stated he must return on his return date and attached a document to his passport stating his conditions for being in the country (cannot work or go to school etc.) On the back of the form it states that he can apply for an extension and he should do so before 30 days of his return date - his return date is march 14th of this year so we would have to apply for extension now - the immigration officer at the airport said he could do so and it may or may not be approved. The reason immigration has given this restriction is that my fiance overstayed his visit the last time he was here. The officer (who was very nice) stated that he needed to build a rapport with canadian immigration (ie trust) before this restriction would be lifted. My question is this...we plan on marrying but this is not leaving us much time for that and what is the process for applying for an extension? The document states he may do so but the time is very short...if he applies for an extension and states he is going to get married, would that be looked upon unfavourably? How long would it take for the extension application to be approved/disapproved? Can he stay here if he has applied for extension over his return date? I would think so as he is involving immigration in his request to extend?
Any and all thoughts would be appreciated as the clock is ticking quickly!
thanking you in advance
J

 

[unstopable1]

You should start the application for the extension of your fiance visa immediately. The application kti can be obtained form the cic website. Also you can take another step to start sponsorship while he is there.

Good luck and start now.

 

[Baloo]

Hmm overstaying - not good.

info' about visa extension http://www.cic.gc.ca/english/visit/extend-stay.asp

The POE officer is right there is no guarantee of approval.

Excuse me asking - Are you getting married during this trip?
What is the reason he wants to stay longer?
Did he get a stamp in his passport or a visitor record?

If you want to apply for an extension, get the application in NOW, you can do this online, once it is filed your fiancee has "implied status", this allows him to stay in Canada until a decision is made, if it is approved he can stay longer (they decide the date).

Visitor Extension or change of Condition processing times are here http://www.cic.gc.ca/english/information/times/canada/process-in.asp#temp_res

 

[jclark]

Yes, overstaying definitely was not good - we realized only at the time what a problem it could be
to answer your questions...he got a visitor record from immigration - he wants to extend his visit past the date of his return ticket so that we can get married - (we were hoping for a little more time to plan a wedding but city hall here we come!)

My concern is that we would have to have the application in no later than this Friday if we were staying in the thirty day guideline before his return - So were not sure what to put on the extension application - request to stay longer to get married? Would this work? We were joking to each other as his return date is three days before my birthday - what if we requested to stay for my birthday? (I'm assuming that the processing time, website site says application process time is 73 days would give us enough time to get married) But then would this be complicated applying for an extension to beat the clock so to say and then get married and apply for a spousal sponsorship?
We don't want to be apart anymore, it's been so difficult and now the clock is really ticking
Please help with your thoughts!
thanks in advance
J

 

[RobsLuv]

You don't have to strictly abide by the 30 day guideline - what you have to do is make sure that this Application to Change Conditions or Extend my Stay in Canada is received by CIC prior to the expiration date on his current VR - so my suggestion is always that people send it to Vegreville via courier and get delivery tracking and confirmation so that you have proof it was received on time. This will give your fiance "implied status" to remain in Canada until they assess the extension request and notify him of the decision - which takes about 100 days. If he leaves Canada in the interim, the "implied status" is invalidated - and so would be his VR if he was to leave before March 14th.

The important thing to remember is that, in order for his status to be extended, you have to have already gotten married before it's submitted. You can't just submit one asking for more time because you want to get married - you have to get married. He has to have a valid reason for remaining in Canada and short of being eligible as an applicant for permanent status, there isn't one. Basically they issued this VR to "put him on notice" that he can't just stay in Canada past the time he's authorized (six months for visa-exempt nationals unless they say otherwise on entry) without either leaving or submitting an application to extend. This was, basically, a slap on the wrist - they could have refused him entry or excluded him from Canada if they wanted to be nasty about it - so he was, indeed, lucky. So, if the two of you are getting married, you need to do that asap, submit the extension application with proof of that, and then get his paperwork in order to apply for permanent residence. There's a lot you need to know about that process - i.e. filing outland as opposed to inland, even if he wants to stay with you in Canada during processing, etc., - so please be sure to come back and get advice about this before you start filling out PR application forms. But first things first for now.

When you/he submits the application for extension, you need to be able to include with the extension application a copy of your marriage licence (or record of solemnization because you won't have the certified copy of the m/l in time) and proof that you are applying to sponsor him for PR. This could be in the form of a copy of the receipt for payment of the mandatory PR fees of $550 (payment of the $490 Right of Permanent Residence fee can be deferred until later on during processing of the PR ap). You'll also need a letter from your employer (which you'll need for the PR ap anyway) that shows you have a job and are able to support him. If he's intending to stay, you should know that it will take approximately 6 months (sometimes a bit less depending on the visa office) to finalize the PR process and he won't be able to work in Canada during that time. (Don't be fooled into applying via the inland process because of promises of an open work permit - it takes at least 6 months time for the inland application to even be assessed as valid for issuing an OWP, so he'd be unable to work for that long for sure with the inland process AND he wouldn't be able to go back home, if you guys needed him to work, and maintain that inland PR ap, too.) There is a fee for extension as a visitor (which is all he's eligible for) of $75. They will assess his request and get back to you in about 3 months time - in the meantime, as I mentioned before, he can remain in Canada under the conditions of the original VR (except the expiration) but he can't work or enroll in school, etc. In addition, that VR is not a re-entry permit - none of them are - so if he leaves Canada, it will not guarantee him the ability to enter again . . . even if he leaves prior to its expiration. See, the IO who issued it might have implied that but the bottom line is - they won't know if or when he leaves. There's no record kept of departures unless he's specifically told to report to them before he goes. So, when he comes back again, he will have no way to prove that he complied with the terms of this stay . . . which is why I don't believe for one minute that there's any such thing as "building a rapport" with them to lift a restriction . . . he's going to be flagged from now on and he'll be pulled into secondary anytime he tries to enter Canada between now and when he finally has permanent status.

 

[jclark]

Thank you Robsluv for taking such time to offer your thoughts on our situation. Greatly appreciated.
So let's see if I have this straight:
1. Get married asap.
2. Send record of solemnization with extension request (this would be reason for extension) and include receipt for PR fees.
(Does PR application have to be filled out and submitted at time of paying fee? Or can you pay for application and fill out and return later?)
Send all of this via courier for tracking purposes insuring it arrives before his mandatory return date.

I really want to clarify the 30 day issue...I've just reread the visitor record "you should return your application AT LEAST 30 DAYS BEFORE the expiry date" (direct quote) I imagine the key word there is "should" not "must".
Having said that if we have all necessary paper work in before his return date whether it be a week before or so...what happens when immigration is expecting him to report in at the airport and he doesn't? Is there a record on their computer system? If it takes so long to process the extension will he be seen as in default on his return date and the mounties show up at our house? lol
(I'm imagining a scene in my mind right now and it's definitely one I could do without!)
I know you said that we would have the tracking date from the courier as proof but I'm concerned about immigrations end of it.

Also you stated that I would need record of employment to prove that I can support him. I was under the impression from asking earlier at this site that that isn't necessary for a spousal sponsorship. (I have been laid off due to the downturn of the economy) fortunately I own my home and I am quite liquid at the bank. If I need to get a job at tim hortons then I will (it's not exactly my field but I guess you gotta do what you gotta do!)

Again I would like to thank you for your help...I have to say this site has at times restored my faith in humanity, seeing people helping strangers with their immigration issues...It's really wonderful, and now I feel that I have some experience to offer some help to others....it's quite a learning curve!
thanks again
J

 

[jclark]

Hi everyone

I was hoping for some thoughts on the issue of income that I am confused about I was under the impression that income did not factor into spousal sponsorship? We have to act quickly and I am looking into cityhall weddings today...(and please know that we are truly in love; this is not a marriage of convenience!)

 

[BeShoo]

The income doesn't count for a spousal applicant, but you have to report it anyway. Everyone has to. He has to promise to try to be self-supporting, and you have to guarantee that he will not go on welfare for the next 3 years and you will reimburse the government if he does. And you can't get out of that, no matter what, even if you split up and he moves to the other end of the country before the 3 years is up. In theory, they could deny you if they really thought you couldn't keep up your end of that agreement, but I've never heard of a case where that happened.

Income probably does matter somewhat during the period when he is visiting as a temporary resident, because he can't work during that time and they have to be satisfied that you are able and willing to support him so he is not tempted to work illegally. I imagine that a bank statement and/or other reports of liquid assets might be helpful to them if you currently have no income.

I hate to constantly sound negative, just you may possibly be asked for proof that this is not a marriage of convenience, if they should eventually have any reason to doubt that it's genuine. Things like not inviting family to the ceremony, and getting married the day after you met, that sort of thing, could provoke suspicions. I'm not saying it will, but it could. It might be good to have evidence of how your relationship developed, depending on your circumstances. Have a look at the "marriage of convenience" sections in the OP 2 manual as you are preparing the PR app: http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/op/op02-eng.pdf

 

[jclark]

Thanks for your thoughts...we do have lots of documentation regarding our relationship...photos, letters, visiting back and forth, telephone records...this is definitely not out of convenience. The thought of being apart is to much for us to bear again. In reality I guess not wanting to be apart is what landed us in this mess in the first place. Live and learn.

 

[BeShoo]

The RCMP is not going to show up at your doorstep so long as you've applied for an extension and are waiting for an answer. Lots of people here have applied with less than 30 days and I haven't read of any that were kicked out of the country. I think they only look at the lack of the form being turned in after the fact.

I suspect the idea of the 30 days is that they will have the extension processed that fast, but they are not meeting that goal and "implied status" seems to have become routine.

I understand what you mean by "The thought of being apart is to much for us to bear again." I've been through a lot of "but you're all the way down there, and I'm all the way up here" over the last couple of years, epecially lately.

 

[jclark]

thank you everyone for your thoughts and advice. I've got the paperwork in front of me and I'm about to dive in...I'm sure I'll have questions as I go along...this site truly is a Godsend! On a happy note - yesterday we went out and chose our rings and tomorrow we meet with the minister of the church!
thanks again

J