UK married to CDN. Visitor Record expires in 3 days - Best option now?

[VermiciousKnish]

Hi All,

A friend of mine who is a German citizen married a CDN woman in 2013. They have been travelling between Canada and the Germany for the last 2 years. Husband never applied for PR but wife is CDN and now has CDN child. On the last trip, husband (German Citizen) was pulled over at the land border and questioned. Was given a visitor record for 3 months and told to re-apply before expiry. He never renewed and now VR will expire in 3 days.

What is the best/wisest option right now? (Please feel free to comment on each one. I am trying to learn what not to do as well

1) Drive outside of Canada for the day and hope border official gives a new TRV or VR on way back in? (Technically VR expires once you leave Canada so this may work?? Risky? will likely be upset that he's trying to sidestep the VR?)

2) Apply for change in status online? (This I assume will give implied status but fro how long?)

3) Apply tomorrow for PR from outside Canada and let VR expire naturally? (Will likely upset CBSA when he crosses border next anyway?)

4) Apply tomorrow for PR from outside Canada with a change of status application included? ( I assume this will cover all problems but I imagine that he won't be able to complete the entire PR application before the VR expires in 3 days).

Thanks again!

 

[Alurra71]

Hi All,

A friend of mine who is a German citizen married a CDN woman in 2013. They have been travelling between Canada and the Germany for the last 2 years. Husband never applied for PR but wife is CDN and now has CDN child. On the last trip, husband (German Citizen) was pulled over at the land border and questioned. Was given a visitor record for 3 months and told to re-apply before expiry. He never renewed and now VR will expire in 3 days.

What is the best/wisest option right now? (Please feel free to comment on each one. I am trying to learn what not to do as well

1) Drive outside of Canada for the day and hope border official gives a new TRV or VR on way back in? (Technically VR expires once you leave Canada so this may work?? Risky? will likely be upset that he's trying to sidestep the VR?)

2) Apply for change in status online? (This I assume will give implied status but fro how long?)

3) Apply tomorrow for PR from outside Canada and let VR expire naturally? (Will likely upset CBSA when he crosses border next anyway?)

4) Apply tomorrow for PR from outside Canada with a change of status application included? ( I assume this will cover all problems but I imagine that he won't be able to complete the entire PR application before the VR expires in 3 days).

Thanks again!

If they haven't even begun looking at the PR application, forget even apply for PR anytime soon. It takes roughly 3-4 months to gather all the proper documents and fill out the paperwork necessary to even start the PR application.

If they don't plan to continue to stay in Canada then applying for his PR would be pointless and costly.

I would apply for an extension on his VR online TODAY. If he leaves the border he is under serious risk of not being allowed re-entry. They told him to renew it roughly a month before expiry and I can assure you they have this information noted in their systems. If he applies today, before it expires, he is under implied status until he receives an answer regarding his extension. If he is refused, he must leave the country. If he leaves while on implied status, he is no longer on implied status and back to possibly being denied entry to Canada again.

Tell your friend not to mess with CBSA if he really wants the ability to go back and forth on a regular basis. Once you get flagged by them, you'll ALWAYS end up in secondary with a long drawn out conversation with them. It's not worth it, if you ask me.

 

[VermiciousKnish]

Well thanks Alurra,

He has been working on filling out PR application, had medical done, etc but just never got around to finishing it. I guess I will recommend applying to renew today. Can this be done online?

 

[CDNPR2014]

Well thanks Alurra,

He has been working on filling out PR application, had medical done, etc but just never got around to finishing it. I guess I will recommend applying to renew today. Can this be done online?

yes.

 

[VermiciousKnish]

Would it be IMM 5710? Or IMM 5708? ???

 

[Aquakitty]

Would it be IMM 5710? Or IMM 5708? ???

5708, 5710 is for workers

http://www.cic.gc.ca/english/information/applications/visitor.asp

He can cheat a bit by paying for the PR app and including that receipt and his medical receipt with his status renewal. They should be satisfied with that, but tell him not to procrastinate any more, it's better to get it over with (assuming they are planning on living in Canada).