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

[MisterBob]

Hi all,

I really really need all your help with your knowledge and opinion for this. I will try to be as direct as possible.

Objective: (1) Apply for a visitor visa (2) Apply for in-land common-law marriage

Scenario:
-I have been dating with my japanese girlfriend since June 2011 (18 months)
-She has been living with me for over 12 consecutive months by the time we apply for common-law
-Her working holiday visa expires Dec 21, 2012
-She needs to apply for a visitor visa to end her stay
-We are applying for common-law in-land sponsorship in middle of January 2013 (taking time to put things together)
-Her agency advice her that she needs a minimum of $9000 to be "safe" to apply for a visitor visa to extend her stay in canada

Problems:
-Her agency says she needs official "bank statement" from the bank stamped showing her all her accounts as "sole responsibility" with "NO joint accounts"
-We have over 5 accounts including visa "joint responsibility" together (planning to remove all of them tomorrow with bank manager and change to "sole responsibility")
-We need to change back the "sole responsibility" accounts to "joint responsibility" accounts in January when we apply for common-law as evidence of joint things together for common-law (ex: chequing account, e-savings account, credit card - all joint)

Questions:
Q1: Does she need $9000 or that much money to switch from a working holiday visa and then apply for a visitor visa? Does the government really need that much? (Her japanese agency says she needs to)
Q2: Does she need to keep all $9000 in her account during the process while she waits for her visitor visa? Or can she take it out anytime after she has applied?
Q3: If we removed all "joint" accounts and changed them to "sole responsiblity" accounts for her, will we it be okay?
******* During process for visitor visa - it will say her accounts are "sole responsible" WHILE we apply for common-law, we will switch back to "joint responsible" to show evidence for things shared together.********
Q4: We can apply for common-law while she is still waiting for approval from visitor visa? She has "implied status"? Im assuming it should be okay?


Thank you dearly for all that can help us with this urgency. My girlfriend is in tears and panicking of what should we do. She realized it was big mistake to apply so late. I hope we can be assured and have a wonderful christmas together.

God bless you and Merry Christmas to you and your love ones.

 

[frege]

I think the Japanese agency is giving her bad advice.

It's a really bad idea to get rid of your joint accounts, since you plan to apply for a common-law sponsorship.

She needs to show that she has enough funds or other means of support so that she won't have to work to support herself while she's in Canada. That includes support from you.

She should be applying for an *extension* of her stay in Canada, not a whole new visitor's visa through the embassy in Japan.

If you feel you need professional advice, see an immigration lawyer or a *registered* immigration consultant here in Canada.

Edit: Yes, you can apply to sponsor her while you're waiting for word on extension of her visitor status. But this applies to an application for an extension, not an application for a visa, as I understand it.

 

[Sweden]

Hey!

I'm no expert on fees for visitor visa etc... but since your gf is from a visa-exempt country, what you could do is take a trip tomorrow (or before the 21st so she doesn't overstay, so you can choose wednesday, thursday and friday - but I would try tomorrow if possible for peace of mind - if she is already panicking, no reason to add the current stress) for the nearest border, and come back in. You don't even need to spend any time in the US if you don't want to - you can just exit Canada, and ask for a "refusal of entry" to the US, explaining why you need to exit, and you will be directed back into Canada.

Explain at the border that she is coming in to wait for the PR process, and have proofs with you that you have started the application ( filling out forms, or paying the fee - if you are sending everything in January, then you could pay now already, it takes 5 min online, and then you can print out the receipt, and have it with you). Most likely her passport will be stamped for 6 months, or even less, but in your case it doesn't matter, because as soon as you send the inland application she will be under implied status, so even if she only gets 3 months at the border, you'll be good.

While applying inland, she won't be able to leave the country for the duration of the application (6 months first stage, 8 months second stage), I assume you're aware of that. You can also choose to apply outland even if she is staying with you in Canada.

It seems the easiest option to me, because then you don't have to have proofs of funds etc ( I have never heard of that for visa-exempt countries, but I have not done the process myself).

Maybe other people will comment and give you more options.
Good luck,
Sweden

 

[frege]

Hey!

I'm no expert on fees for visitor visa etc... but since your gf is from a visa-exempt country, what you could do is take a trip tomorrow (or before the 21st so she doesn't overstay, so you can choose wednesday, thursday and friday - but I would try tomorrow if possible for peace of mind - if she is already panicking, no reason to add the current stress) for the nearest border, and come back in. You don't even need to spend any time in the US if you don't want to - you can just exit Canada, and ask for a "refusal of entry" to the US, explaining why you need to exit, and you will be directed back into Canada.

Explain at the border that she is coming in to wait for the PR process, and have proofs with you that you have started the application ( filling out forms, or paying the fee - if you are sending everything in January, then you could pay now already, it takes 5 min online, and then you can print out the receipt, and have it with you). Most likely her passport will be stamped for 6 months, or even less, but in your case it doesn't matter, because as soon as you send the inland application she will be under implied status, so even if she only gets 3 months at the border, you'll be good.

While applying inland, she won't be able to leave the country for the duration of the application (6 months first stage, 8 months second stage), I assume you're aware of that. You can also choose to apply outland even if she is staying with you in Canada.

It seems the easiest option to me, because then you don't have to have proofs of funds etc ( I have never heard of that for visa-exempt countries, but I have not done the process myself).

Maybe other people will comment and give you more options.
Good luck,
Sweden

If they apply for an extension within Canada, she'll be on implied status until they make a decision, which means she could stay legally. That might give them the time they need to file their sponsorship application, and especially to reach twelve months, which is the really important thing.

Sweden raises a good point, which is whether the risk of rejection is higher applying for an extension through Vegreville or applying for entry at the border. I'm not sure about this. If you feel you have all the proof you need to show you can support her for another few months, then this shouldn't be a problem. On the other hand, if you apply for a visitor extension on, say, December 20, then it will take them some time to process it, and probably enough that you can reach the twelve months' cohabitation. Then you can apply inland or outland, whichever you think is best. A rejection likely wouldn't prevent you from applying as common-law partners, since it would come too late, after you'd had your twelve months living together.

 

[Sweden]

I agree with Frege, you need to apply for a change of status. Here is what to do from CIC website http://www.cic.gc.ca/english/visit/extend-stay.asp

but I think the border option is also a valid possibility.
Good luck,
Sweden

 

[rachiy]

Being from a visa-exempt country you don't need to jump through the hoops the agency is implying. Terminate your agreement with the agency and do as the others in this thread have suggested. Whether you get an visitor visa/extension online or at the border is up to you and how you weigh the positives vs, negative for each option.

 

[frege]

I agree with Frege, you need to apply for a change of status. Here is what to do from CIC website http://www.cic.gc.ca/english/visit/extend-stay.asp

but I think the border option is also a valid possibility.
Good luck,
Sweden

One thing I would add is that you need to decide this now, because if you apply inland you'll regret having let her status lapse. If you decide to apply for an extension, do it online in the next couple of days, not by mail. The other option Sweden mentioned is going to the border.

 

[MisterBob]

Hello all,

I have just seen your posts this morning.

Problem:
(1) She does NOT have a minimum of 30 days for applying for "extending her stay" in canada. Her visa expires December 21 (she needs to apply before November 21)

Question:
(1) Can she still apply for a visa extension tonight? It is only a few days from her visa expiring. It says clearly "Minimum 30 days before visa expiration date"?
(2) We have been living together since July 2011 but she went back to japan in Sept 2011 and came back to Canada in Dec 2011 (84 days seperate). I know we can apply as we were less than 90 days apart, but is it strong enough evidence?


Please help us :'( please ...

 

[Sweden]

Hello all,

I have just seen your posts this morning.

Problem:
(1) She does NOT have a minimum of 30 days for applying for "extending her stay" in canada. Her visa expires December 21 (she needs to apply before November 21)


Question:
(1) Can she still apply for a visa extension tonight? It is only a few days from her visa expiring. It says clearly "Minimum 30 days before visa expiration date"?


I'm not sure, as I have not done it myself. have you considered the "border solution" ? unless you live very far from the border, that might be the easiest way - she is visa exempt, so it should not be a problem, especially if you go with her.

(2) We have been living together since July 2011 but she went back to japan in Sept 2011 and came back to Canada in Dec 2011 (84 days seperate). I know we can apply as we were less than 90 days apart, but is it strong enough evidence?

Depends on what else you have as proofs. But if you have been living together, have all the proofs, have not been married before, have a common bank account, can get letters from friends and family etc that they know you together, it should be OK. Also - she is from a country which standards of living are fairly similar to Canada, and she has been working in the country already, she it is unlikely that your relationship will be seen as a "scam" to get PR status in Canada. So as long as you have other proofs, you should be fine.

I'm not sure about the rule of the less than 90 days apart, so I can't advise on that. But if you have read it somewhere, then it should be good.

Good luck,
Sweden


Please help us :'( please ...

 

[chipits]

I'm pretty sure the CIC website says you SHOULD extend 30 days before expiry, but that you technically CAN do it even one day before.

 

[MisterBob]

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!!!!

 

[frege]

Hello all,

I have just seen your posts this morning.

Problem:
(1) She does NOT have a minimum of 30 days for applying for "extending her stay" in canada. Her visa expires December 21 (she needs to apply before November 21)

Question:
(1) Can she still apply for a visa extension tonight? It is only a few days from her visa expiring. It says clearly "Minimum 30 days before visa expiration date"?
(2) We have been living together since July 2011 but she went back to japan in Sept 2011 and came back to Canada in Dec 2011 (84 days seperate). I know we can apply as we were less than 90 days apart, but is it strong enough evidence?


Please help us :'( please ...

I don't know about the 90 days.

About the visitor extension, my understanding is that the 30 days is a recommendation, but an extension request just before her time expires is perfectly valid:

http://www.cic.gc.ca/english/visit/extend-stay.asp

"If your visitor visa expires after you have submitted your application for an extension of your authorization to remain in Canada, you will be considered in status as a temporary resident (visitor) until a decision is made on the application. This is known as implied status."

The application guide says this:

http://www.cic.gc.ca/english/information/applications/guides/5551ETOC.asp

"Note: The Case Processing Centre receives large volumes of applications in the temporary resident categories each year. It is recommended that you apply at least 30 days before the expiry of your current document. However, you may want to apply in advance of this recommended period since processing delays vary. Contact the Call Centre at 1-888-242-2100 or check our current processing times."

However, if you wait longer, you will need to apply for a restoration of status, and if the restoration is denied, she'll be out of status when you apply to sponsor her, which will be a big headache if you sponsor her "in-Canada."

My recommendation is that you apply for the extension online tomorrow. Start gathering the documents you need. I think this is safest if you want to make sure you reach twelve months. If you choose not to do that, then in order for her to remain legally, you'll need to go to the U.S. and cross back in. The documents will be similar in that case, but being able to talk to the border officer might help, since you can explain why you have an enough income to support her.

 

[MisterBob]

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:"

 

[MisterBob]

Anyone that can help us, please private message me. Does anyone have facebook chat?

we are so desperate for help and went to the canadian government but was denied to talk to someone and we also tried calling CIC but all phone calls were answered from some sort of voice machine and no one could help.

 

[MisterBob]

I don't know about the 90 days.

About the visitor extension, my understanding is that the 30 days is a recommendation, but an extension request just before her time expires is perfectly valid:

http://www.cic.gc.ca/english/visit/extend-stay.asp

"If your visitor visa expires after you have submitted your application for an extension of your authorization to remain in Canada, you will be considered in status as a temporary resident (visitor) until a decision is made on the application. This is known as implied status."

The application guide says this:

http://www.cic.gc.ca/english/information/applications/guides/5551ETOC.asp

"Note: The Case Processing Centre receives large volumes of applications in the temporary resident categories each year. It is recommended that you apply at least 30 days before the expiry of your current document. However, you may want to apply in advance of this recommended period since processing delays vary. Contact the Call Centre at 1-888-242-2100 or check our current processing times."

However, if you wait longer, you will need to apply for a restoration of status, and if the restoration is denied, she'll be out of status when you apply to sponsor her, which will be a big headache if you sponsor her "in-Canada."

My recommendation is that you apply for the extension online tomorrow. Start gathering the documents you need. I think this is safest if you want to make sure you reach twelve months. If you choose not to do that, then in order for her to remain legally, you'll need to go to the U.S. and cross back in. The documents will be similar in that case, but being able to talk to the border officer might help, since you can explain why you have an enough income to support her.

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?