US outland applicants' thread :)

[carr1]

Thanks for the advice.
The visitors record really has been more trouble than it was worth for my particular situation. I live on the border and didn't really need it to visit. In the 2 months since I'v gotten it, I have been sent to secondary multiple times, which never happened before, and I get way more questions once they unfold the paper. Even know I suspect this request is due to the record. Guess i'll just cross and get the fingerprints done and wait another two months on such a straight forward application. Oh well.

Thanks.

Do you cross at the bridge or tunnel?? I lived in Windsor while applying for PR and crossed a lot, once I received a VR I finally could cross with ease, it was the best thing I ever did. But that being said I ONLY crossed at the tunnel not the bridge as the agents at the bridge always gave me trouble but at the tunnel I never had an issue.

 

[California2Canada]

Hi everyone. I posted this in the Spousal Sponsorship thread, and then thought maybe it was better here. So sorry for the double posting, but plesae help if you can!

Giant thanks to everyone who has helped give all of us so much information! This is my first post and I appreciate any assistance. I have poured through the forums looking for answers, so I do apologize if this was asked somewhere else. If so, feel free to point me there.

I'm looking for an answers specific to implied status and travel, and on visa extension


My situation (pretty simple):
I am American, my fiancee is Canadian. I am currently living with her in Canada on a 6 month visitor visa (technically visa exempt). We are getting married in BC July 9th, but my 6 months runs out end of June.

My initial plan was to file for a visa extension end of May (30 days before the initial 6 months expires). It seems common to be approved, but just in case the wait time (which gives implied status) would carry me through our wedding date. Then after we got married, we would send in my PR Outland app, and I would have implied status to stay in the country. Easy enough.

My hiccup is that we are going to the US in August for a 2 week honeymoon. I may actually stay longer (3-4 weeks), and come back separately.

1. My question then is: Do I lose implied status when I leave the country? I'm worried about getting back in the country after our honeymoon if my visa is expired and either didn't get approval to extend, or is still pending. Is it enough to show a copy of my submitted PR app at the border and say I have implied status and we are awaiting the decision? I know there are never absolutes with the border and it depends on who you get, but does anyone have experience with this?

Another hiccup is that I have heard it can take a month to receive the marriage certificate. Now I'm worried that if we are leaving for our US honeymoon exactly a month after our wedding, we don't be able to get the PR app in before we go, and I will have nothing to show at the border (especially if my visa extension is still pending). For this reason, we are thinking about doing a courthouse wedding first in May to speed up the process.

I was also thinking of a courthouse wedding in May in order to include a copy of it with my visa extension application, to give good reason to why they should extend. Even if the official certificate hadn't arrived (if it truly takes weeks), I could at least include some record of it. But I've seen mixed answers on this.

2. My visa extension question: Since I'm technically applying for a visitor visa extension, is it bad to show proof that my real intent is to apply for PR? Or is it better to give them good reason to extend me?

3. Finally, does it look dodgy at all to be doing a courthouse wedding in order to submit paperwork sooner if we have plenty of other proof of a genuine relationship? Especially if we include info about our formal wedding coming up 2 months later (like showing a save the date, invitation, etc)?

Thank you SO much for your help, and sorry again if this has been covered somewhere else in here.
Courtney

p.s. Tip for anyone searching the forums:
You can use Google to search (any) forum far faster than a typical search bar or manually clicking through. You simply type "site" followed by a colon followed by the website you want to search, all as one term. Then a space, and then the search term. You can use the main website or a specific part, to search only that forum.

This isn't letting me post real links in order to show this fully, but you can try to figure it out from the example below:

'"site:example.com visa extension" put into Google (without the quotes) will search all of example.com for 'visa extension'.

'"site:example.com/topic visa extension" will search only the 'topic' part of example.com for 'visa extension'.


This has been incredibly helpful and time saving to try and find answers! Hope it helps you too 8)

 

[Ponga]

You can apply to extend your stay online, even one day before it expires. CIC suggests 30 days, but it's not a rule.

1. Yes. Once you leave Canada your Implied Status leaves with you. Upon re-entry, you will be assessed all over again by a CBSA officer.

2. There's nothing wrong with asking for more than 6 months and providing the reason why you are asking for the extension. They see this all the time.
Fortunately, most U.S. citizens are completing the entire PR process in ~4-6 months (apparently).

3. Not at all.


You should familiarize yourself with something called Dual Intent and how CBSA uses that it assessing a person that seeks re-entry into Canada, if it applies to them. A person with a Spousal Sponsorship application submitted, certainly be one such person.

Good luck!

 

[jmmorgan242]

Hi! I am a pretty anxious person, so hopefully I'm just stressing out over nothing. I mailed my application off on March 28th, it was received at the facility in Mississauga a week later on April 5th (according to the USPS tracking number). It's been three weeks and we still haven't heard anything. Should I be worried? What's the standard amount of time I should wait before calling?

I'm sure this question has been asked loads of time, I just didn't have time to sift through the hundreds of pages of comments. Sorry!

 

[Canada91]

If it gives you any peace of mind our application was received by Mississauga on March 24th. We just got AOR1 today! Try and be patient, it's a journey - not a race!

Best of luck!

 

[CDNPR2014]

Hi! I am a pretty anxious person, so hopefully I'm just stressing out over nothing. I mailed my application off on March 28th, it was received at the facility in Mississauga a week later on April 5th (according to the USPS tracking number). It's been three weeks and we still haven't heard anything. Should I be worried? What's the standard amount of time I should wait before calling?

I'm sure this question has been asked loads of time, I just didn't have time to sift through the hundreds of pages of comments. Sorry!

theres nothing to be worried about. the response time for AOR and SA changes frequently. you are best to find the thread for march applicants and track when others who applied around your time starts getting communication. based on the above poster, it sounds like you're in the norm.

 

[jmmorgan242]

Thanks! I'll look into that thread. Just hoping to get the process over with around the time my husband has to start his graduate program in Toronto in September. I don't fancy staying behind in the US. Glad to have a forum full of people going through the same thing

 

[Ponga]

Thanks! I'll look into that thread. Just hoping to get the process over with around the time my husband has to start his graduate program in Toronto in September. I don't fancy staying behind in the US. Glad to have a forum full of people going through the same thing

Even if your PR isn't approved by then, there's no reason why you can't `visit' Canada while you continue to wait. Dual Intent is very common and CBSA is very familiar with it.

 

[California2Canada]

You can apply to extend your stay online, even one day before it expires. CIC suggests 30 days, but it's not a rule.

Is there somewhere confirming this is not a rule? Everything I've read says 30 days. You seem to know what you're talking about but just curious.

If that is the case, and we have a chance to send the visa extension and PR app on the same date, is it recommended to send together? I've read mixed things. (Though not sure how you would send together online...I guess just make a note that they are both being submitted?)

1. Yes. Once you leave Canada your Implied Status leaves with you. Upon re-entry, you will be assessed all over again by a CBSA officer.

Good to know. I saw your comment on the other thread where I first posted that you were referring to IS for a visa extension. Is it true that there is no IS for an Outland PR app (only Inland)? i.e. If for some reason my visa did not get extended, I could not legally stay in the country just because I had a pending PR app?

You should familiarize yourself with something called Dual Intent and how CBSA uses that it assessing a person that seeks re-entry into Canada, if it applies to them. A person with a Spousal Sponsorship application submitted, certainly be one such person.

Thanks, I will do that.

 

[California2Canada]

One more question on dual intent:

From what I understand, I need to show proof/ability to return home if things don't work out, get processed quickly enough, etc. I am currently doing remote online contract work for my previous boss in California. So while I'm technically not working in Canada (since I can't legally) I am working remotely for a US biz while physically in Canada. I haven't made any mention of this whenever I've crossed the border as it seemed best not to. It's always complicated enough.

However, I thought in terms of dual intent it would be a good thing to mention i.e. "I'm already working for a US company and I can simply return to the US and work for them there." But I don't know if highlighting the fact that I'm currently 'working' is going to cause problems. I've searched everywhere but can't find info on working remotely in relation to immigration other than don't mention it at the border.

Anyone know about this? Thanks much

 

[Ponga]

One more question on dual intent:

From what I understand, I need to show proof/ability to return home if things don't work out, get processed quickly enough, etc. I am currently doing remote online contract work for my previous boss in California. So while I'm technically not working in Canada (since I can't legally) I am working remotely for a US biz while physically in Canada. I haven't made any mention of this whenever I've crossed the border as it seemed best not to. It's always complicated enough.

However, I thought in terms of dual intent it would be a good thing to mention i.e. "I'm already working for a US company and I can simply return to the US and work for them there." But I don't know if highlighting the fact that I'm currently 'working' is going to cause problems. I've searched everywhere but can't find info on working remotely in relation to immigration other than don't mention it at the border.

Anyone know about this? Thanks much

I did the exact same thing when i was going through the vortex, except that I was an Inland applicant and never left Canada during the process, so I can't comment on the last part of your plan.

Since working remotely is in fact perfectly acceptable, I see no reason why you shouldn't mention this, IF you are pressed for details regarding your employment. Make it clear that you understand that a foreign national does not require a work permit if they are remunerated form outside of Canada and are not working for a Canadian company or individual. This is clearly detailed, here: http://www.cic.gc.ca/english/resources/tools/temp/work/about.asp

long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada


Good luck!

 

[CDNPR2014]

One more question on dual intent:

From what I understand, I need to show proof/ability to return home if things don't work out, get processed quickly enough, etc. I am currently doing remote online contract work for my previous boss in California. So while I'm technically not working in Canada (since I can't legally) I am working remotely for a US biz while physically in Canada. I haven't made any mention of this whenever I've crossed the border as it seemed best not to. It's always complicated enough.

However, I thought in terms of dual intent it would be a good thing to mention i.e. "I'm already working for a US company and I can simply return to the US and work for them there." But I don't know if highlighting the fact that I'm currently 'working' is going to cause problems. I've searched everywhere but can't find info on working remotely in relation to immigration other than don't mention it at the border.

Anyone know about this? Thanks much

first, there's absolutely no reason your extension would be rejected. it is very rare for pr applicants and they are very generous with us citizens, so there shouldn't be a concern. the extension application gives you implied status, so you can freely stay in canada without status until you receive notification about the extension. in the very very very unlikely chance it's denied, then you'd want to leave canada and then just enter again at a later date. (personally, i wouldn't risk the stress of being without status as an outland applicant - even though it won't affect your pr application). also, when you read the language about applying for extensions, it says you "should" - not "it is required" or "you must", so that there suggests it's not a hardlined rule; it is merely a suggestion. they will accept applications at any time really.

second, i would not recommend volunteering information to CBSA. let them ASK you about your employment before explaining it. Whenever i crossed the border, the initial officer asks the same questions: where are you going, where are you coming from, what do you do for work, who do you work for, how long do you plan to stay. so, initially you are going to be getting very simple questions, that only require simple answers. what do you do for work? "i'm a (insert title here)"; who do you work for? "i work for xyz company" or "i work remotely for xyz company". you can add the detail about working remotely upfront - but don't elaborate.
if they want to know more, they will either ask follow up questions or send you to secondary to ask for more details. to prove your us employment, all they want to see are recent paystubs (or proof of payment) and a work contract (if available). It's not necessary to tell the primary officer you can prove your US employment - that can trigger being sent to secondary. REmember your goal is to be let in at the primary window - not get sent to secondary. let them ask you to prove your us employment, then show them the proof - this makes you looked prepared. Usually, once they see that stuff, they are satisfied you are not going to be looking for work while in canada. IF they probe into your intentions and pr applications, then talk about dual intent, answer honestly and show them you understand you are only a visitor until approved for pr.

bottom line is, be prepared with items that show your ties to the us and your pr application, but do NOT volunteer information or proof of employment until they ask you for it and keep your answers short. it is not necessary to give them long stories about your intentions, what you know about dual intent (some agents don't like being told about immigration policies, since it's their job to tell you about it,) and why you're doing what you're doing. don't give them a reason to be suspicious. let them lead the conversation and don't act like you know more then them - that is what gets them cranky. more than likely, you are going to breeze through after answering their simple standard questions at primary, and you'll be shocked at how easy they went on you.

 

[acwikla4769]

Does anyone know if there are any requirements of things to do after you have landed and there is condition 51 on your copr paperwork? Like I know in the states 2 years to the day you have to submit additional paperwork. Does this apply to Canada to? I contacted cic but they wouldn't answer my question for some strange reason

 

[danawhitaker]

Does anyone know if there are any requirements of things to do after you have landed and there is condition 51 on your copr paperwork? Like I know in the states 2 years to the day you have to submit additional paperwork. Does this apply to Canada to? I contacted cic but they wouldn't answer my question for some strange reason

http://www.cbc.ca/news/politics/liberal-immigration-marriage-fraud-1.4084865

 

[CDNPR2014]

Does anyone know if there are any requirements of things to do after you have landed and there is condition 51 on your copr paperwork? Like I know in the states 2 years to the day you have to submit additional paperwork. Does this apply to Canada to? I contacted cic but they wouldn't answer my question for some strange reason

there's no additional paperwork for conditional 51 after landing. in fact, the condition is in the process of being repealed, so there's nothing to worry about. once you're a pr, you're a pr. there's nothing more immigration needs from you until you are ready to renew your pr card and apply for citizenship. they don't keep track of your whereabouts or life after landing so live your life normally.