Visitor Visa Extension for my Spouse - PR Pending

[lardey]

I am a Canadian Citizen and have applied to sponsor my wife´s PR who lives in Nigeria.

- My sponsorship application was approved by CPC-M and forwarded to Ghana
- Ghana already put her PR application In Process, but told us it takes an average of 18 long months (awww)
- We applied for Visitor Visa and she was granted. So she´s visiting

My Question is:
We are planning on applying to extend her Visitor´s Visa and let her wait out the PR application processing time here in Canada. Would this extension be granted?

Please help.

 

[RobsLuv]

Most likely yes. Be sure that you include proof of your legal marriage, proof that there is a PR ap in process, and proof that you have funds to support her - along with the rest of the documentation required as listed in the checklist. There are no specific guidelines for a $$ amount for support, so just include a couple of paystubs and a letter stating that you are willing to continue supporting her - or you can submit proof of her funds to support herself. For her reason for staying she should put that she is being sponsored by her husband for permanent status and would like to continue to remain in Canada with him until the application is finalized. She should ask for the same term as was originally granted - 6 mos, 1 year, whatever. Don't forget to pay the $75 fee!!

 

[lardey]

Thanks Robsluv.

I definitely can support her and have more than enough financial facts to support her extension application. I was a bit discouraged because they asked that we say whether the condition under which she applied for visitor visa has changed.

So, just saying that I have applied for her PR sponsoship and sending the Acknowledgment letter from Ghana would suffice?

Again, you mentioned somewhere that you extended your own. Did you apply for Inland or Outland. Because for Inland, i know they would extend, but for someone that has her application outland in Ghana, that's the one am a bit concerned about. Thank you so much again for your help.

 

[RobsLuv]

Not sure what you mean by they asked that you say whether the condition under which she applied for visitor visa has changed? Why did that discourage you??

I applied outland - having a PR application in process, and our wanting to stay together while waiting for it to be finalized, was a valid enough reason for them to grant the extension more than once. As long as they know that there is a qualifying relationship, so that they know that chances are good that the PR application will be approved, they don't have a problem with it. And they like to be assured that the foreign national will not work illegally - which is the reason for proof of funds for support.

It makes no difference whether the application for permanent residence is being processed in Canada or at one of Canada's overseas offices. Nobody HAS to apply via the inland process, even if they are in Canada - that's because, in order to apply inland, you are forced to give up your right to appeal a refusal. So they can't force you to apply that way - everyone has the right, regardless of where they are living or visiting, to have their application processed in their home country. That does not affect - either positively or negatively - their eligibility to be in Canada as a temporary resident. Granted, most nationals from non-visa-exempt countries are not initially granted a visitor visa if they admit to having a relationship with a Canadian, or if they have a PR ap in process. But once you're admitted to Canada, as long as you keep your temporary status current by applying each time, before it expires, so that they can evaluate the situation and "keep tabs" on the FN, it's not an issue.

One note: if the PR application is refused or the qualifying relationship ends, the story changes. The extension application will not be approved if the applicant is no longer an eligible PR applicant.

 

[RobsLuv]

I was looking back at the extension application, after reading your thread on another forum, and I think I know what you're thinking about with the change of conditions: it asks the original reason for coming to Canada, and then asks why you want to extend the stay. Why is that a problem?

 

[lardey]

Thanks again RobsLuv.
First, I'll just keep the post to this forum, because you've been very helpful with the information that I need. Why I was discouraged with the question is that, when she applied for the Visitor Visa, we told them she would be here for just 3 weeks and would have to go back afterward because of her job and other reasons. But, everyone knows where the husband is, is where she has the greatest tie. So, when they ask if the circumstances has changed, we don't want to lie in the extension, because we had said she would go back. The Application Guide IMM 5551 for completing the extensions says this:

===============
D – My request
Box 10

You must explain why you wish an extension and/or a change conditions for yourself or your family members.

If you are a temporary resident permit (TRP) holder you must inform us of any change to your personal circumstances. You must also inform us if any of the reasons you were originally issued a permit change after it is issued. For example, if you applied unsuccessfully for an immigrant visa to live with a family member (sponsor) in Canada, are you still living with your sponsor? Or, have you been convicted of a new offence since you first received your permit?

If your temporary resident status has expired and you wish consideration for restoration, explain the reasons for this.

============

It was because of the above that I thought we couldn't say her circumstances under which she was given the initial visitor visa has changed. If that is immaterial, then we would just go ahead. Once again, thanks a lot for your thoughts.

 

[RobsLuv]

OK, first of all - she's not in Canada under a Temporary Resident Permit, she has a Temporary Resident Visa. They are different. A TRP is issued to someone who is otherwise inadmissible to Canada, but they're being granted status anyway because of compelling Humanitarian and Compassionate reasons. So that part of the instructions does not apply to your wife.

The fact that your wife came to Canada originally saying that she only intended to stay for 3 weeks, and now she has changed her mind is not a crime. They see it all the time. The fact that she intended only to stay for 3 weeks and has now changed her mind is the very reason she is required to apply to extend her stay! The reason she wants to extend her stay is because the two of you (understandably) want to stay together - and you have filed her PR application already so chances are that in relatively short order she will be a permanent resident and staying in Canada anyway.

Don't be worried/discouraged.

 

[lardey]

Thanks a lot for clarifying the ambiguities. I deeply appreciate your time in explaining this...am just someone that's always extremely careful not to have honesty issues with the immigration. Since she has just arrived, we will go ahead and plan for the extension. Do you suggest we apply for the extension immediately of after say 4 months, for example. Since she's entitled to the first 6 months anyway.

 

[RobsLuv]

It wouldn't hurt to apply after 4 months - they actually say you should apply at least 30 days prior to expiration of your status. But the important thing is that the extension application is received by CIC BEFORE her current status expires. So you could, conceivably, wait until a week before her status expires, and then overnight the thing to CIC, but what's the point? I've done that myself, but only because at the time I was expecting PR approval any day and hoped not to have to waste the extension fees.

 

[RickNicky]

Just my two cents we have renewed visitor visa 3 times never was an issue they appreciate you are keeping on teh up and up ,
only draw back is she wont be able to work medicare etc
my wifes a trooper 3 years in a box no matter how well decorated is still a box
good luck never give up