visitor visa extension at the same time with PR outbound application ?

[Amra]

Hello everyone,

I didn't want to waste anybody's time by asking something that might have been answered already. I've spent the last few hours trying to find some threads with similar subject, but I couldn't find much. Or maybe I don't know how to properly search. If that's the case, I apologize.

My question to you is: can we apply for a visitor visa extension at the same time as we apply for PR outbound (Paris office)?

I am a Canadian citizen, living in Canada, trying to sponsor my common-law who is a Portuguese citizen. I am getting all the papers ready, and I hope that in about 2-3 weeks I will send my application to sponsor him.
Our case has a "hiccup" as we were not living together continuously for a year. He stayed for almost 6 months and then he had to return to Portugal for less then a month, due to a medical emergency in his family. He came back to Canada, stayed for another 6 months. And he had to return to Portugal for another 4 months. Therefore we might get refused, but we know that, and we still want to try and send the papers.

When he returned to Canada two days ago (it is his 3rd entry to Canada), he was approved to stay only for two months, till mid January 2015. He got a paper stapled at the back of the passport.

I am afraid that if I send my application to Mississauga, by the time I get approved as a sponsor, his current visitor status will expire. I was thinking that I can attach the proof that I am approved as a sponsor to his visitor visa extension application. Without that proof, even if I already pay the $1040 application fee already, he might be refused. He has his medical exam done, and has the police certificates as well. Would these documents be eligible as proof of our intention to sponsor him?

Our plan was that he will remain in Canada from now on, and we will keep on extending his visitor visa (so his status will always be legal here in Canada) until we can have one year of living together continuously, so we can re-apply in case our first application will be refused. And keep on extending until he can get his PR status.

I have read that, in theory, you can sponsor someone who doesn't have a legal status in Canada (due to overstay, let's say). We don't want any trouble. We want to follow the law.

Therefore, what can we do? What would be the best way to approach and solve this problem, and keep his legal status until everything is done?

Thank you in advance for your answers and suggestions.

 

[Kayaker]

Re: visitor visa extension at the same time with PR outbount application ?

Extending visitor status is separate from your PR application, and very straightforward and simple. You do it online, it costs 100$ and it takes about 4 weeks.

He should apply to extend his stay next month, before his current status expires. To do this, you only need to prove that he has sufficient funds for his stay (bank statements in his name) or a letter from you saying you will provide for him plus your pay stubs or bank statements. You can mention that he is applying for PR, but he doesn't have to mention it, either. He does not need to show that you got sponsor approval. Extending a visitor status is very easy compared to PR. I haven't heard of anyone being refused an extension. (I have heard of people asking for 2 years but getting only 1, so ask for more time than you think you need. And of course, he can extend again and again.) (When I applied for an extension, I did mention that I applied for PR and am waiting a decision, but I did not attach any proof, nor did I attach a copy of the sponsor approval letter.)

No, he cannot be sponsored if he is illegal in Canada.

Just extend his current visitor status before it expires.

 

[andrew-brit]

I applied for PR in mid September 2014. My visitor record expired on September 24th so I applied online to extend it on September 22nd. In the application to extend I provided a copy of the fee receipt ($1040). I said that we have applied for PR and our plan is to wait until I get PR, or wait for my LMO (my employer in waiting is working on that....).

If I were you I would submit your PR application as soon as you can. Do not rush, make sure you have everything it asks for. Even if you do not have sponsor approval by the time you need to extend his visitor record it should be okay just to include proof that you applied (fee receipt, any correspondence from CIC etc).

It is worth noting that no one on here can say if they will extend his record, however I have extended twice this year with no issues (I am British).

 

[rhcohen2014]

Re: visitor visa extension at the same time with PR outbount application ?

Extending visitor status is separate from your PR application, and very straightforward and simple. You do it online, it costs 100$ and it takes about 4 weeks.
You can mention that he is applying for PR, but he doesn't have to mention it, either. He does not need to show that you got sponsor approval. Extending a visitor status is very easy compared to PR. I haven't heard of anyone being refused an extension. (I have heard of people asking for 2 years but getting only 1, so ask for more time than you think you need. And of course, he can extend again and again.) (When I applied for an extension, I did mention that I applied for PR and am waiting a decision, but I did not attach any proof, nor did I attach a copy of the sponsor approval letter.)

i thought it was better TO mention the PR application, especially if the person is visa exempt. PR applicants are rarely refused, and am not sure non-pr applicants get the same rate of approval, or the same length of extension. If the pr application is not mentioned at all, then wouldn't CIC just assume he's just a foreign national wanting to "live" in canada as a visitor long term (as per his history), which increases their chance of denial? I doubt CIC would consider extending a non-pr applicant's visitor's status for 12 months or more. i would say it's far better to mention it than not, especially since the OP's partner only got a short stay upon entry.

 

[Cathy645]

Re: visitor visa extension at the same time with PR outbount application ?

i thought it was better TO mention the PR application, especially if the person is visa exempt. PR applicants are rarely refused, and am not sure non-pr applicants get the same rate of approval, or the same length of extension. If the pr application is not mentioned at all, then wouldn't CIC just assume he's just a foreign national wanting to "live" in canada as a visitor long term (as per his history), which increases their chance of denial? I doubt CIC would consider extending a non-pr applicant's visitor's status for 12 months or more. i would say it's far better to mention it than not, especially since the OP's partner only got a short stay upon entry.

I did extend my visa once in 2013 before I applied for PR and it was given the exact length(12 months) I asked for. I did write an explanation letter to say I got a one year permit of leave from my job in my country. I also submitted the bank statement under my husband and my name.

I think explanation letter is very necessary when applying for extension to say why you want to stay so long and what you plan to do. To make them sure you would not work here.