Visitor extension application

[Triscut]

More questions!!
I need help on how exactly to go about applying for an extension for my husband (US citizen) that commutes back and forth from the States.
He lives and works there, visits me in Canada (I'm a Canadian citizen), but we are getting our application together to apply for spousal sponsorship.
He has been back and forth for about 5 months now, we are hoping an extension application will allow him to continue to do that after his allowed 6 months in Canada expires.. But the application form won't let us state that his address in in the U.S. (In the address field it permanently states Canada, can't change that).
Super tricky, cuz we are definitely trying to extend his stay IN Canada, but we really can't fill out one CIC form stating he resides in Canada and wants an extension, and another stating he resides in the U.S with the intention to move here after sponsorship.
PLEASE!! Any help is greatly appreciated.

 

[canuck_in_uk]

Unless he is actually planning to stay in Canada and not return to the US, there is no point in applying extend his status. The extension is void as soon as he leaves the country. Visitor status resets every time a person enters Canada.

 

[bartjones]

More questions!!
I need help on how exactly to go about applying for an extension for my husband (US citizen) that commutes back and forth from the States.
He lives and works there, visits me in Canada (I'm a Canadian citizen), but we are getting our application together to apply for spousal sponsorship.
He has been back and forth for about 5 months now, we are hoping an extension application will allow him to continue to do that after his allowed 6 months in Canada expires.. But the application form won't let us state that his address in in the U.S. (In the address field it permanently states Canada, can't change that).
Super tricky, cuz we are definitely trying to extend his stay IN Canada, but we really can't fill out one CIC form stating he resides in Canada and wants an extension, and another stating he resides in the U.S with the intention to move here after sponsorship.
PLEASE!! Any help is greatly appreciated.

I'm confused. Do you mean that he is staying with you and just drives across the border to work? Does he still have a residence in the US?

Unless he is actually planning to stay in Canada and not return to the US, there is no point in applying extend his status. The extension is void as soon as he leaves the country. Visitor status resets every time a person enters Canada.

Generally true, but not so if the only country you visit is the US. If he gets a visitor's record it will not be voided if he goes to the US only. [IRP Regs s. 190(3)(f)]

 

[king_rupert]

Subscribed as I will be in this boat soon.

So does one put the address as the canadian residence and the extension can be kept even if they go to the US?

 

[bartjones]

Subscribed as I will be in this boat soon.

So does one put the address as the canadian residence and the extension can be kept even if they go to the US?

I would think that this would work as long as you were careful to explain when crossing the border that you were just 'visiting' not 'living' in Canada and were able to show substantial ties to the US, like a job or a residence. And yes, the visitor's record would not be voided by trips solely to the US and back.

 

[canuck_in_uk]

Generally true, but not so if the only country you visit is the US. If he gets a visitor's record it will not be voided if he goes to the US only. [IRP Regs s. 190(3)(f)]

IRPA 190 is in regards to TRV exemptions for entry into Canada and has nothing to do with status in Canada. A Visitor Record is not a TRV.

Division 5 - Temporary Resident Visa Exemptions

190 (1) A foreign national is exempt from the requirement to obtain a temporary resident visa if they
(2) A foreign national is exempt from the requirement to obtain a temporary resident visa if they
(3): A foreign national is exempt from the requirement to obtain a temporary resident visa if they are seeking to enter and remain in Canada solely


IRPA states this regarding the end of an authorized period of stay:

IRPA 183 (4) The period authorized for a temporary resident's stay ends on the earliest of

(a) the day on which the temporary resident leaves Canada without obtaining prior authorization to re-enter Canada;


Note that a VR is NOT authorization to re-enter Canada; it is simply a form of monitored visitor status. This status ends when the person leaves Canada. They are then re-assessed as a new visitor on re-entry.

 

[lleahdoll]

But the application form won't let us state that his address in in the U.S. (In the address field it permanently states Canada, can't change that).
Super tricky, cuz we are definitely trying to extend his stay IN Canada, but we really can't fill out one CIC form stating he resides in Canada and wants an extension, and another stating he resides in the U.S with the intention to move here after sponsorship.

The reason it is permanently Canada for the address is because if you're extending his stay, it is from within Canada. So presumably he is staying at a Canadian address.. hope that clears that up a bit!

It will ask in the forms his country of residence and also what country he's a citizen of/what country his passport is issued in.

I think the reason they want the Canadian address is bc they want to know where he'll be staying on his visit. There is also a place to list further addresses if you plan to visit others during the stay.

 

[Triscut]

Thanks guys.
He DOES have a U.S. Residence and employment.
He is in the States 3/4 days a week, then here for his weekends.
He doesn't cross to any other country.
Still not clear if the extension will do any good.. But sounds like it's worth a shot, as otherwise he may be turned away after his six months is up

 

[canadianwoman]

Every time he leaves Canada and comes back in, the 6 month limit is reset. It is not like he can enter and leave Canada for only 6 months, and after that he needs some kind of permit to do so. Every time he enters Canada, he could be questioned by border agents who will want to see proof of his ties to the USA. Sounds like he has this. But they can turn him away before his 6 months are up - they can turn anyone away, even if they have a TRV. It is just that he is clearly visiting, has a job in the US and a residence there, so he has been allowed in.

The application for an extension of visitor status is for someone who is visiting Canada and staying in Canada - usually for 6 months. So their address is in Canada.