visa extension for spouse

[chris1302]

Hi there, hoping someone can help me out?
I am a canadian citizen, my husband is herE with me in canadA his visa expires in Dec. We are going to apply for spousal sponsorship within the next few days.
Do I have to apply to get his tourist visa extended as well?
If I send the spousal sponsorship this week, when they receive it will he then be in the "implied status" state? How long does it take for me to hear back from them?

I am really pushing it with my dates so hoping someone can get back to me asap.


Thanks

 

[rhcohen2014]

sending in a PR application alone does not give someone implied status. If you applied inland, then you would need to have included an open work permit along with your application to get implied status. if this was not done (or if you applied outland), then yes, you need to apply to extend her visa, and request at least 12 months. if you applied inland, it's recommended to request more than that.

 

[chris1302]

thank you for that.
I have not yet applied for the spousal sponsorship, so when i do next week I should then send a OWP as well, then that would give us implied status?
I was thinking about sending the visa extension first, then the spousal sponsorship application. I hope I am making sense.

 

[rhcohen2014]

thank you for that.
I have not yet applied for the spousal sponsorship, so when i do next week I should then send a OWP as well, then that would give us implied status?
I was thinking about sending the visa extension first, then the spousal sponsorship application. I hope I am making sense.

only if it's an inland application. depending on where the applicant is from, it may not be recommended to apply inland...

outland applicants can not apply for owp.

 

[driftcars]

thank you for that.
I have not yet applied for the spousal sponsorship, so when i do next week I should then send a OWP as well, then that would give us implied status?
I was thinking about sending the visa extension first, then the spousal sponsorship application. I hope I am making sense.

Regardless of what you want to do with the sponsorship, your husband needs to have a valid visa status while he is in Canada.

If you're applying outland sponsorship, he doesn't have to extend the visa before applying the spousal sponsorship unless the visa is expiring. He can extend it after applying the sponsorship.

Like rhcohen2014 mentioned, if you're applying inland, and you send OWP along with the PR application, it will give your husband implied status and he doesn't need to extend his visa. However, please be bear in mind that applying inland needs a valid visa status at the time of making the application.

 

[Kayaker]

Are you applying Inland or Outland? Are you aware that Outland is much much faster than Inland for most people? (You husband can be IN Canada and apply Outland. It does not matter where he is or what his address is.)

There is no OWP for Outland. Your husband will need to apply to extend his visa before it expires in December. (Doing it online is recommended.)

 

[chris1302]

thank you all for the info. We will be applying inland, does anyone know how long it takes for the first stage to be approved? we would really like it if he can atleast get approval for OWP. Anyone have any experience with this process.
Thanks a bunch

 

[Kayaker]

Currently, people who applied in August 2013 are being processed and getting their first stage approval.

So probably you might get stage 1 approval and OWP around January/February 2016. However, processing times have been increasing dramatically the past year, so it might be even later than that.

 

[chris1302]

really thats crazy. Would you suggest applying outland? Can my husband stay in canada while his application is in process? If applying outland does he need to go back home (to croatia) to do medical exam.

Thanks

 

[Ponga]

Regardless of what you want to do with the sponsorship, your husband needs to have a valid visa status while he is in Canada.

If you're applying outland sponsorship, he doesn't have to extend the visa before applying the spousal sponsorship unless the visa is expiring. He can extend it after applying the sponsorship.

Like rhcohen2014 mentioned, if you're applying inland, and you send OWP along with the PR application, it will give your husband implied status and he doesn't need to extend his visa. However, please be bear in mind that applying inland needs a valid visa status at the time of making the application.

That has not been confirmed as an actual change in the In-Canada [Inland] application process. CIC did make a change to the instruction guide, but they have not yet published anything to elude to the previously enacted Public Policy (whereas an applicant did not have to have legal status to apply, providing that they had an eligible sponsor) having officially ended.

If the OP decides to submit an Inland application, along with an OWP before his/her spouse's status expires, it's a moot point anyway.

I do agree that the applicant should do whatever they can to maintain status prior to applying.

 

[chris1302]

he does have a valid visa, tourist visa valid until Dec and I did send an extension visa last week, 30 days prior. I dont think we will have a problem with the extension.
I am now still debating on inland or outland. Does anyone have any suggestions? If we apply outland he does not need to go bacl to Croatia, he can remail in Canada as long as he has a valid visa?

 

[Ponga]

he does have a valid visa, tourist visa valid until Dec and I did send an extension visa last week, 30 days prior. I dont think we will have a problem with the extension.
I am now still debating on inland or outland. Does anyone have any suggestions? If we apply outland he does not need to go bacl to Croatia, he can remail in Canada as long as he has a valid visa?

He can have his medical from a CIC approved physician in Canada. He can also remain in Canada as long as he maintains his visitor status (if applying Outland).

Inland-
Slow process, but would allow him to remain in Canada (under implied status if you include the OWP) no matter how long it takes, but...he would not be allowed to work until you have AIP (first stage approval).

Outland-
Might be a faster overall process, but if an interview is required (suspect relationship, for example) he would need to return to the foreign visa office for the interview. He would also need to maintain his visitor status if he wanted to remain in Canada.

 

[chris1302]

ok great that is better, now i understand. I was worried about the medicalm did not want him to have to go back for that.

Do you know that approx processing times for inland and outland. it dosent matter how quick he gets his PR, he just really want tostart working in canaada? what would you suggest.
As for our relationship, dont think well have a problem we have been together for over 10 yrs, i was living in croatia (i am a dual citizen) and had a huge wedding over there 2 yrs ago.