Work Visa may be a little too late...

[Charlie13]

Question! My Australian husband (I'm Canadian) is on a work visa and has been the last 4 years or so. His visa expires in April - and he didn't realize until a bit too late. We have 2 trips booked to the USA in April, one before his visa expires and one after.
We are hoping the new visa comes in time - however there is a huge chance it won't.
My question is, is there another precaution we can take? I was thinking about applying him for a visitor visa to be safe... but he can technically just enter the country as a visitor...but since he has been living here for a few years now, customs could say no. In this case would they deport him? We have his immigration paperwork sent in and in the works so I dont want that to effect it either.

 

[amikety]

When you say "immigration paperwork" do you mean his permanent resident application? If yes, the chances he will be denied re-entry are low, especially accompanying a Canadian spouse. Upon re-entry, you can ask the IO to allow him to remain with you until his application is completed. However, if he has a work permit application in process and they offer him a Visitor's Record, decline the VR. It's extra money for something he probably won't need.

He should bring proof of his PR and WP applications with him on both travels.

 

[Charlie13]

When you say "immigration paperwork" do you mean his permanent resident application? If yes, the chances he will be denied re-entry are low, especially accompanying a Canadian spouse. Upon re-entry, you can ask the IO to allow him to remain with you until his application is completed. However, if he has a work permit application in process and they offer him a Visitor's Record, decline the VR. It's extra money for something he probably won't need.

He should bring proof of his PR and WP applications with him on both travels.

Yes - his PR application.
So I can ask them for him to accompany me into Canada? He said it didn't matter if you bring the paperwork, since none of it would appear as approved, it is just his application.
I do have my sponsorship approved for his PR, I will bring that. However we are still in Stage 1 so nothing on his applicant side has been approved yet.
In your opinion amikety, would you just bring as much paperwork as we can and not worry too much about it? I suppose worst case scenario is he goes back to Australia for a vacation I just dont want him to be denied access during the 1st trip since the 2nd is paid for.
Oh the joys of marrying an immigrant ;D

 

[amikety]

Technically, he doesn't have to bring any paperwork. The IO can view his file and see the application. However, I would bring it and present it because it makes life a little easier for the IO. Call it a little butt kissing

I wouldn't worry too much about re-entering Canada. With your sponsor approval and him already having a work permit (proving he's admissible), as long as he's polite things should be fine. You might get an IO having a bad day. I think that's more a concern than anything else.

 

[Charlie13]

I will make him be polite & kiss butt if I have to - - - whatever works haha!
Thanks for your insite!! I feel much better about the situation!