Visitors Visa Extension

[surfingirl]

I am a US citizen with a Canadian child, and last summer I married a Canadian man. I have a strong case for PR and I would like to apply inland and at the same time apply for an open work permit. My problem is that my visitors visa is expiring in about 6 weeks, and I need to send off for my background check and that is going to take a few weeks to get here, and by the time I recieve it I will be past the recommended 30 days before my visa expires to apply to extend my stay or change conditions in canada. I have been advised NOT to submit an incomplete PR application and supplement it later with my background check (right?) So I am considering applying for an extension (just an extension, not a work permit yet) on my visitors visa so that I have more time to finish my inland PR application.

If I apply for an extension on my visitors visa, can I apply for an open work permit along with my PR application with the implied status I will have as I wait for a confirmation on my visa extension? Is it relatively easy to get a visitors extension for an extra six months without having submitted anything for PR?

I can include copies of my marriage certificate and my son's Canadian birth certificate as supporting evidence that it is best for me and my family to be in Canada. I am hoping I can get enough time to send of for my PR without having to leave Canada.

This is my first post and thank you to everyone who comments and asks questions, this site has already been very helpful.

 

[Bcboundboy]

You do know that if you apply outland, you'll probably get the full PR status in about the same amount of time as just getting the work permit if you apply inland?

Aside from that, yes you can file online for extension of visitor status. You will have implied status as a visitor until you get a yes/no. You can apply for PR while on implied status.

 

[Ponga]

Agreed. Don't let the lure of the OWP suck you into the Inland vortex; it sucks!

Most U.S. citizens are completing the process (via an Outland application package...even if they are IN Canada) in ~ 6 months. Inland applicants enjoy a ~ 2 year ride down a bumpy road...in an old truck with bad shocks (and no heat or AC) and only one AM radio station that plays that song you despise, over and over and over.

Also, being a U.S. citizen, you have the option of obtaining your FBI IHSR (PCC) letter from an FBI approved third-party Channeler. This will save you several weeks of waiting, since they typically provide your letter in a matter of a few days. At one point (fairly recently) the FBI wait time was ~ 14-16 weeks for those ordering direct.

Start following the U.S. Outland thread here and see how quickly people are getting their PR.
http://www.canadavisa.com/canada-immigration-discussion-board/us-outland-applicants-thread-t106068.7095.html

You can apply to extend your visitor status one day before it expires (online). CIC suggests at least 30 days prior, but it's just that...a suggestion. Once your request has been submitted, you will have `Implied Status' that allows you to legally remain in Canada (as a visitor) until your request has been processed. Requesting one year, citing that you have applied for spousal sponsorship, is quite common and often (perhaps even usually) approved for Americans and/or others that are visa-exempt.




Good luck!

 

[profiler]

Agreed. Don't let the lure of the OWP suck you into the Inland vortex; it sucks!

Most U.S. citizens are completing the process (via an Outland application package...even if they are IN Canada) in ~ 6 months. Inland applicants enjoy a ~ 2 year ride down a bumpy road...in an old truck with bad shocks (and no heat or AC) and only one AM radio station that plays that song you despise, over and over and over.

Also, being a U.S. citizen, you have the option of obtaining your FBI IHSR (PCC) letter from an FBI approved third-party Channeler. This will save you several weeks of waiting, since they typically provide your letter in a matter of a few days. At one point (fairly recently) the FBI wait time was ~ 14-16 weeks for those ordering direct.

Start following the U.S. Outland thread here and see how quickly people are getting their PR.
http://www.canadavisa.com/canada-immigration-discussion-board/us-outland-applicants-thread-t106068.7095.html

You can apply to extend your visitor status one day before it expires (online). CIC suggests at least 30 days prior, but it's just that...a suggestion. Once your request has been submitted, you will have `Implied Status' that allows you to legally remain in Canada (as a visitor) until your request has been processed. Requesting one year, citing that you have applied for spousal sponsorship, is quite common and often (perhaps even usually) approved for Americans and/or others that are visa-exempt.




Good luck!

... we have AC ...

 

[profiler]

I am a US citizen with a Canadian child, and last summer I married a Canadian man. I have a strong case for PR and I would like to apply inland and at the same time apply for an open work permit. My problem is that my visitors visa is expiring in about 6 weeks, and I need to send off for my background check and that is going to take a few weeks to get here, and by the time I recieve it I will be past the recommended 30 days before my visa expires to apply to extend my stay or change conditions in canada. I have been advised NOT to submit an incomplete PR application and supplement it later with my background check (right?) So I am considering applying for an extension (just an extension, not a work permit yet) on my visitors visa so that I have more time to finish my inland PR application.

If I apply for an extension on my visitors visa, can I apply for an open work permit along with my PR application with the implied status I will have as I wait for a confirmation on my visa extension? Is it relatively easy to get a visitors extension for an extra six months without having submitted anything for PR?

I can include copies of my marriage certificate and my son's Canadian birth certificate as supporting evidence that it is best for me and my family to be in Canada. I am hoping I can get enough time to send of for my PR without having to leave Canada.

This is my first post and thank you to everyone who comments and asks questions, this site has already been very helpful.

How far from the US border are you? You can bypass the visa extension and cost by crossing the border and returning. That will reset your 6 months.

As to applying inland + OWP. Send applications together. If you send an extension in, you can apply for PR and OWP while under implied status.

Lastly send your marriage certificate (copies) with the OWP and the PR.

Best of luck!

 

[Ponga]

How far from the US border are you? You can bypass the visa extension and cost by crossing the border and returning. That will reset your 6 months.

As to applying inland + OWP. Send applications together. If you send an extension in, you can apply for PR and OWP while under implied status.

Lastly send your marriage certificate (copies) with the OWP and the PR.

Best of luck!

A `Border Run' in somewhat risky (even for an American), because there's a possibility that the CBSA officer could refuse re-entry, simply because of Dual Intent. And...there's also no guarantee of getting another 6 months!

Dual Intent is not the problem. Not being prepared to address any possible concerns from CBSA regarding Dual Intent...is.

If the OP was prepared for that possibility (bringing proof of strong ties back home, proof of funds, etc.), it would minimize that risk. Applying online does require a fee, but it avoids the awkward scenario at the border IF the officer is not playing nice.

 

[profiler]

Agreed. But the border run could also resolve status faster than waiting... speaking or rickety old vehicles...

 

[Ponga]

Agreed. But the border run could also resolve status faster than waiting... speaking or rickety old vehicles...

Yes...it can, or it could be disastrous!

Technically, resolving status wouldn't be an issue unless the OP actually let her status expire and then needed Restoration of Status (not the same as Implied Status).

Having proof of a sponsorship application submitted, or at least a copy of the receipt to show CBSA (at the border) even if the application hasn't been submitted, would certainly help.

 

[profiler]

Yes...it can, or it could be disastrous!

Technically, resolving status wouldn't be an issue unless the OP actually let her status expire and then needed Restoration of Status (not the same as Implied Status).

Having proof of a sponsorship application submitted, or at least a copy of the receipt to show CBSA (at the border) even if the application hasn't been submitted, would certainly help.

App has yet to be filed. My suggestion was a border run before submission. The OWP app will put the OP under implied status (if her visitor visa is less than enough time).

No dual intent until there is evidence of it... even in that case, if they know she intends to file, if she can demonstrate she understands the rulea, they won't deny entry.

My wife showed up at Pearson and literally told them, "I am here to be with my husband." No evidence of paying fees, etc. Just some paperwork. She told them we planned to file for a PR. They took some info, tried to counsel, then admitted her for 6 months (no visitor record either - just a stamp with a date). If that's not dual intent, I don't know what is..

 

[Ponga]

App has yet to be filed. My suggestion was a border run before submission. The OWP app will put the OP under implied status (if her visitor visa is less than enough time).

No dual intent until there is evidence of it... even in that case, if they know she intends to file, if she can demonstrate she understands the rulea, they won't deny entry.

My wife showed up at Pearson and literally told them, "I am here to be with my husband." No evidence of paying fees, etc. Just some paperwork. She told them we planned to file for a PR. They took some info, tried to counsel, then admitted her for 6 months (no visitor record either - just a stamp with a date). If that's not dual intent, I don't know what is..

Which is exactly what having a receipt for the payment of fees does, even if the PR sponsorship application(s) haven't been submitted yet.

Your wife's scenario really isn't dual intent at all. She only had one intention upon entry; to visit you. If she had stated that she had already submitted an application, or at least had paid the fees, THEN she may have been assessed with the dual intent criteria. Planning to [someday] apply could mean someday after she has returned `home'.

 

[profiler]

Your wife's scenario really isn't dual intent at all. She only had one intention upon entry; to visit you. If she had stated that she had already submitted an application, or at least had paid the fees, THEN she may have been assessed with the dual intent criteria. Planning to [someday] apply could mean someday after she has returned `home'.

Despite having all the paperwork with her to do so, and an open declaration that she was here to file for a PR? They seemed to treat it as such. They had never taken down details about me, our wedding, etc etc before then. They spent more time focused on taking down details in GCMS, than looking at her dog (out in the open). The dog was granted entry without any inspection of accompanying documents or health. In this case, he has an European pet passport and was up to date on shots and in good health. But, it just speaks to their focus on the other issue.

In any case, I would try it, but you're right not to stir up the hive if you can avoid it.

 

[Ponga]

A European Pet Passport? That's brilliant!

 

[profiler]

A European Pet Passport? That's brilliant!

No joke, he dog has one. In english and the native tongue. Stickers from all immunizations and vet stamps.

Makes broder traversals simple. Even our vets office used it.

 

[Ponga]

Did the dog have to submit a paw print? LOL!

Great idea.

 

[profiler]

Did the dog have to submit a paw print? LOL!

Great idea.

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