URGENT: Please help us! Applying for visitor visa! Thank you in advance!

[chipits]

Sweden,

we are about to apply for a new visitor visa (NOT extended stay).
should we apply for extended stay visa OR apply for a new visitor visa?
it says "If you wish to extend your status date, you should apply 30 days before your status expires in order to do any of the following:"

If she's already in Canada on a valid visa, you can apply to extend her stay rather than apply to get a new visa.

And "should" doesn't mean "have to".

 

[MisterBob]

Determining eligibility

Visitors are a class of temporary resident who are legally authorized to enter Canada temporarily to holiday, visit family, conduct business, etc. They are restricted in length of stay and are subject to various other conditions.

This application guide is for temporary residents who are already in Canada and wish to:

extend their stay;
change conditions of their stay; or
correct problems in their status.
If your current temporary resident status is still valid you can apply for an extension of your stay providing you apply at least 30 days before the expiry date of your current status. Your original temporary status as a visitor continues under the same conditions until your application is finalized and you have been notified of the decision.

If your current temporary resident status is still valid you can apply for an extension of your stay providing you apply at least 30 days before the expiry date of your current status. Your original temporary status as a visitor continues under the same conditions until your application is finalized and you have been notified of the decision.

Note: The validity of your temporary resident status cannot exceed the validity of your passport. Therefore, you should ensure that your passport will be valid for at least the same amount of time as your requested extension.


Im sorry, can someone explain this for me. I just to confirm its the same thing as Im thinking.

(1) does it mean that we need to apply at least 30 days in advance as we will get a 30 days extension for her visa?
(2) if we apply tomorrow, will it still be okay? :'(

Please support us everyone..Im sorry for asking so many questions, but things went wrong last minute and we went off the right path.

 

[MisterBob]

Effective May 29, temporary residents currently in Canada with valid student or temporary foreign worker status must submit their application for a new temporary resident visa to the Case Processing Pilot Office in Ottawa (CPP‑O), or visa office that serves their country of nationality.

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


Question:
(1) Does this mean that she needs to fill out a application for a "new temporary resident visa".

 

[Sweden]

Question:
(1) Can you tell me exactly what documents you mean that I need to "start gathering"? I really appreciate it frege. You have no idea how much your help means to us..seriously.
(2) Going to Border option - what exactly do we need to gather and what specific details and information should we talk to the border officer for?

Going to the border - bring some proofs that you can support her ( bank account will be OK), and of course, her passport. If you can, pay the application fee for the PR application ( there is no deadline, so you can pay today, and it will be still valid when you send your application in January) to show that you are serious about it. And that's it. WHen you arrive at the border, tell them that you would like to exit and re-enter Canada - if you don't want to go to the US. If you want, you can go to the US for 1h, and come back. On the way back, explain that your partner's visa is coming to an end, and that you are in the process of applying for PR (have the receipt ready, but don't show it unless asked for it), and that she would like to stay in Canada on a tourist visa for the next 6 months in order to wait for the PR to be completed. (it might take more than 6 months but it can be extended later, so no worries). Most likely she will have her passport stamped, and let in the country - there is never any guarantee, but I don't see a reason why not.. If there is no date on the stamp, it means it's good for 6 months. If they ask for proofs that you have applied, and that you can support her, then give them the bank account etc, but otherwise, don't volunteer any information.

It's pretty common for visa-exempt people to stay in Canada to wait out the PR, so I don't think you would have troubles.

For the other possibility - apply for a visitor visa - as long as you do it when the other one is still valid you are on implied status. It might be hard for your partner to prove that she is on implied status as some employers won't take the risk, but she should be fine... the 30 days are probably to ensure that you get the answer before the other one expires, which won't be your case, but as the CIC website says - you have implied status.

Good luck,
Sweden

 

[rachiy]

Can someone please answer this:

(1) apply for a new visitor visa - (almost finished everything)
(2) apply for extension to stay in canada (SHOULD be minimum 30 days before, but we only have 2 days left)


please guide us... i will be checking this every hour!!!!

I have submitted an application the day before, and another one on the day of expiration and it never mattered.

 

[frege]

Question:
(1) Can you tell me exactly what documents you mean that I need to "start gathering"? I really appreciate it frege. You have no idea how much your help means to us..seriously.

Follow the instructions here: http://www.cic.gc.ca/english/information/applications/visitor.asp

There's a document checklist. It includes the "statutory declaration of common-law union" (IMM 5409), which you'll have to fill out. To fill it out you have to say how long you've been common-law, talk about the evidence you have that you're common-law, and go to a commissioner of oaths, so it's a bit complicated.

I don't think it's worth the risk of saying in this form that you're not common-law, so if you want to apply for the extension, you'll have to do all that.

All in all, the border option will be simpler, but there is a small risk of rejection. Certainly the border officer isn't going to ask for an IMM 5409 form. The main thing will be proof of your income and funds - if they ask for it.

I've never had to do this, so I can't tell you more than what's in the forms. Rachiy says they submitted their application on the same day their status expired, so you'll probably be okay submitting it on Friday morning if you need to.

Effective May 29, temporary residents currently in Canada with valid student or temporary foreign worker status must submit their application for a new temporary resident visa to the Case Processing Pilot Office in Ottawa (CPP‑O), or visa office that serves their country of nationality.

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

My guess is that this means starting on May 29, 2013.

 

[MisterBob]

Going to the border - bring some proofs that you can support her ( bank account will be OK), and of course, her passport. If you can, pay the application fee for the PR application ( there is no deadline, so you can pay today, and it will be still valid when you send your application in January) to show that you are serious about it. And that's it. WHen you arrive at the border, tell them that you would like to exit and re-enter Canada - if you don't want to go to the US. If you want, you can go to the US for 1h, and come back. On the way back, explain that your partner's visa is coming to an end, and that you are in the process of applying for PR (have the receipt ready, but don't show it unless asked for it), and that she would like to stay in Canada on a tourist visa for the next 6 months in order to wait for the PR to be completed. (it might take more than 6 months but it can be extended later, so no worries). Most likely she will have her passport stamped, and let in the country - there is never any guarantee, but I don't see a reason why not.. If there is no date on the stamp, it means it's good for 6 months. If they ask for proofs that you have applied, and that you can support her, then give them the bank account etc, but otherwise, don't volunteer any information.

It's pretty common for visa-exempt people to stay in Canada to wait out the PR, so I don't think you would have troubles.

For the other possibility - apply for a visitor visa - as long as you do it when the other one is still valid you are on implied status. It might be hard for your partner to prove that she is on implied status as some employers won't take the risk, but she should be fine... the 30 days are probably to ensure that you get the answer before the other one expires, which won't be your case, but as the CIC website says - you have implied status.

Good luck,
Sweden

SWEDEN!!!!!! THANK YOU so much for that message.

Questions:
(1) USA time limit to get stamp - If my girlfriend and I wants to go to Seattle for a day trip and then return back to Canada to the border, Can we get the stamp at that time? For example, spending 10 hours away from time left Canada.
(2) Apply online VS border - what do you all recommend?

 

[frege]

SWEDEN!!!!!! THANK YOU so much for that message.

Questions:
(1) USA time limit to get stamp - If my girlfriend and I wants to go to Seattle for a day trip and then return back to Canada to the border, Can we get the stamp at that time? For example, spending 10 hours away from time left Canada.
(2) Apply online VS border - what do you all recommend?

(1) Certainly.
(2) It depends if you've already gotten to the twelve months you need, and whether you can handle getting together all the documents for the extension in the next day. Starting on what date exactly in December 2011 do you have proof of cohabitation? Since you'd already spent months together previously, this would probably be the date of her return to Canada.

 

[MisterBob]

Follow the instructions here: http://www.cic.gc.ca/english/information/applications/visitor.asp

There's a document checklist. It includes the "statutory declaration of common-law union" (IMM 5409), which you'll have to fill out. To fill it out you have to say how long you've been common-law, talk about the evidence you have that you're common-law, and go to a commissioner of oaths, so it's a bit complicated.

I don't think it's worth the risk of saying in this form that you're not common-law, so if you want to apply for the extension, you'll have to do all that.

All in all, the border option will be simpler, but there is a small risk of rejection. Certainly the border officer isn't going to ask for an IMM 5409 form. The main thing will be proof of your income and funds - if they ask for it.

I've never had to do this, so I can't tell you more than what's in the forms. Rachiy says they submitted their application on the same day their status expired, so you'll probably be okay submitting it on Friday morning if you need to.

My guess is that this means starting on May 29, 2013.

Sorry, can you explain that part high-lighted in red?
Also, I thought all forms are filled out online and submitted online? Commissioner of Oaths = Notary Public?

 

[MisterBob]

(1) Certainly.
(2) It depends if you've already gotten to the twelve months you need, and whether you can handle getting together all the documents for the extension in the next day. Starting on what date exactly in December 2011 do you have proof of cohabitation? Since you'd already spent months together previously, this would probably be the date of her return to Canada.

Answer key points:
1) She moved in with me and my family on July 24th 2011
2) We do not have evidence during that stay other than pictures going out just the two of us.
3) She left to Japan at October 1st 2011 and returned back to Canada on December 23rd, 2011 and stayed with me.
4) She has a gym membership same as me since January 2012, She has a bank account, work paystubs and mail to our house since February 2012.
5) We only have proof of us spending time together or with friends during the year of 2011 - no joint things.
6) We now have joint accounts, credit card, etc..

 

[frege]

Sorry, can you explain that part high-lighted in red?
Also, I thought all forms are filled out online and submitted online? Commissioner of Oaths = Notary Public?

Yes, what I mean is that there's a thing about being common-law only once one year has gone by. But I think when you apply for sponsorship, you'll want to claim the entire period going back to June 2011, even if they don't accept it. So it would be a bad idea to try to get out of the hassle of filling out IMM 5409 by acting as if you're not yet common-law because one year hasn't gone by, since they'll look at this extension request when they evaluate your sponsorship application.

Actually, looking at things again, I'm not sure now if 5409 is necessary. The instruction guide says it is - but this may be only if a person is bringing over a common-law partner who is foreign. It's conceivable that this isn't necessary if the common-law partner is Canadian. This is a question I hope someone else here will know the answer to. When we did our sponsorship papers, it looked like there was a place where we had to fill out information about me, but CIC told us this wasn't necessary because I was Canadian, despite what the forms said. I wonder if this is another one of those cases.

Answer key points:
1) She moved in with me and my family on July 24th 2011
2) We do not have evidence during that stay other than pictures going out just the two of us.
3) She left to Japan at October 1st 2011 and returned back to Canada on December 23rd, 2011 and stayed with me.
4) She has a gym membership same as me since January 2012, She has a bank account, work paystubs and mail to our house since February 2012.
5) We only have proof of us spending time together or with friends during the year of 2011 - no joint things.
6) We now have joint accounts, credit card, etc..

I'd say to be extra safe you should try to go until February 2013, since it was February 2012 when she had the bank account and paystubs addressed to your house.

Basically it's going to be a hassle to get together all the documents for the extension - read the forms ( http://www.cic.gc.ca/english/information/applications/visitor.asp ) to see what I'm talking about - and you need to do this fast. On the other hand, once the application is submitted, she can continue living with you, whether they approve her or not. At the moment, it's taking 3 months to process these applications, which will easily allow you to reach twelve months. If you apply for PR in-Canada before a rejection, then she's good until they make a decision on the PR application.

If you've got enough income and funds that you can make it clear to the border officer - if asked - that she won't have to work for the next six months, or however long, then you probably won't have too much to worry about going that route. What it boils down to is that this is easier in terms of paperwork, but also carries a slight risk, which will be less if you've got money and can prove it. It would be a real shame to miss by two days, though. It's up to you.


Edit: What a commissioner of oaths is will depend on your province.

 

[Sweden]

SWEDEN!!!!!! THANK YOU so much for that message.

Questions:
(1) USA time limit to get stamp - If my girlfriend and I wants to go to Seattle for a day trip and then return back to Canada to the border, Can we get the stamp at that time? For example, spending 10 hours away from time left Canada.

there is no time limit, if you want to make a trip out of it, you might as well!
(2) Apply online VS border - what do you all recommend? I'm not familiar with the visa extension but I know the border works pretty well - there is always a risk to be refused, but it should be minimal....

 

[MisterBob]

Yes, what I mean is that there's a thing about being common-law only once one year has gone by. But I think when you apply for sponsorship, you'll want to claim the entire period going back to June 2011, even if they don't accept it. So it would be a bad idea to try to get out of the hassle of filling out IMM 5409 by acting as if you're not yet common-law because one year hasn't gone by, since they'll look at this extension request when they evaluate your sponsorship application.

Actually, looking at things again, I'm not sure now if 5409 is necessary. The instruction guide says it is - but this may be only if a person is bringing over a common-law partner who is foreign. It's conceivable that this isn't necessary if the common-law partner is Canadian. This is a question I hope someone else here will know the answer to. When we did our sponsorship papers, it looked like there was a place where we had to fill out information about me, but CIC told us this wasn't necessary because I was Canadian, despite what the forms said. I wonder if this is another one of those cases.

I'd say to be extra safe you should try to go until February 2013, since it was February 2012 when she had the bank account and paystubs addressed to your house.

Basically it's going to be a hassle to get together all the documents for the extension - read the forms ( http://www.cic.gc.ca/english/information/applications/visitor.asp ) to see what I'm talking about - and you need to do this fast. On the other hand, once the application is submitted, she can continue living with you, whether they approve her or not. At the moment, it's taking 3 months to process these applications, which will easily allow you to reach twelve months. If you apply for PR in-Canada before a rejection, then she's good until they make a decision on the PR application.

If you've got enough income and funds that you can make it clear to the border officer - if asked - that she won't have to work for the next six months, or however long, then you probably won't have too much to worry about going that route.What it boils down to is that this is easier in terms of paperwork, but also carries a slight risk, which will be less if you've got money and can prove it. It would be a real shame to miss by two days, though. It's up to you.


Edit: What a commissioner of oaths is will depend on your province.

Frege thanks again for your time!!

Question:
(1) My common-law is Japanese with a Japan passport assuming she is foreigner and we need to fill out that form high-lighted in red #5409 anyways.
(2) Does going to the border have a high success rate? What happens when they reject?
(3) Should I try going to the border and then apply online if that doesnt work?
(4) **If I have to do this perfectly tomorrow, what should I do?*** Ex, go to United States and try border first, then try applying online..etc


*** Also, what am I suppose to say or do at the border regarding this "stamp"? Please enlighten me.. I think I will get nervous about what to do. They usually ask "what are going to do there" when you are going there and they ask how much you bring back etc.. not sure when i am suppose to ask for this stamp

Also what is it we are looking for? Is it just a stamp? Please help. thank you.

 

[MisterBob]

If they refuse.. is it just a "NO" or is there some sort of bad things after a rejection?

 

[Sweden]

Frege thanks again for your time!!

Question:
(1) My common-law is Japanese with a Japan passport assuming she is foreigner and we need to fill out that form high-lighted in red #5409 anyways.
(2) Does going to the border have a high success rate? What happens when they reject?
(3) Should I try going to the border and then apply online if that doesnt work?
(4) **If I have to do this perfectly tomorrow, what should I do?*** Ex, go to United States and try border first, then try applying online..etc


*** Also, what am I suppose to say or do at the border regarding this "stamp"? Please enlighten me.. I think I will get nervous about what to do. They usually ask "what are going to do there" when you are going there and they ask how much you bring back etc.. not sure when i am suppose to ask for this stamp

Also what is it we are looking for? Is it just a stamp? Please help. thank you.

THe border option is a pretty common one, and the border officers are very used to it. a lot of people also do it like this to "flag pole", which means people ( like me) who were already in Canada when the PR was issued, on a tourist visa. I had to exit Canada, and re-enter to "land as a PR" (complete landing procedures, 10 min). Your case is a bit different as you are not flagpoling to land as a PR, but to renew her status ( or change it). But still - it's a pretty common case, and you are not doing anything illegal - so no need to be nervous ( although of course I understand why you would be...).

What you need to say ? the truth. Stick to the facts, don't volunteer too much information, but say what you're doing: her visa is ending, and she would like to stay with you in the country because you have applied for PR as common-law, so she would like to be let into the country as a tourist, for 6 months. Full stop. Wait for the officer to ask questions, or ask for proofs. Maybe they won't ask anything ( I came with no return ticket, and only proofs that I had money in the bank to buy one if needed, and the sponsorship approval and was not asked for anything, was waived in with a 6 months stamp, without further questions).

If they reject - they would not let her back into Canada. I would say it's unlikely... it has happened to US nationals before, but there is usually a "reason" - they have been crossing many times, they have overstayed before etc etc.... but in your case, your gf is Japanese, so they are aware that if they refuse entry, she would be stuck there... which wouldn't make sense. You're never sure of course, but in your case, the visa officer will probably wonder how she will support, and why she is here. Easy answer: she is waiting for her PR and staying with you ( you have to avoid at all costs saying she is "moving" to Canada, as technically she is on a tourist visa, so she is not moving, but she is coming to stay with you to wait for her PR to come through. She is not allowed to work etc - but you probably know all that), and you will support her ( and you have the proofs with you if asked).

If you go to the border tomorrow, then technically she would still have a valid visa for one day. But - if they give her a tourist visa they will take away the former visa - which is OK as it won't be valid for long anyway. The "stamp" is just a normal "stamp" in her passport because she is entering the country. If the officer just stamps her passport, and nothing else, it's good for 6 months. If he/she wants to restrict it, she/he will put a date on it... could be 1 month, could be 3. Then - if you're given 1 month for example, you would have to extend that online, or send in your application within that month ( then she is on implied status).

To do it perfectly : gather all the proofs (bank + pay the PR fee online and print the receipt), and go with her to the border.

IF she gets rejected, then she might be stuck in the US - but I don't really see how, because she would still have her work permit valid for one day. I'm not sure you can apply online now, and go to the border tomorrow, and I'm not sure it makes much sense at that point.

Good luck,
Sweden