+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Sponsorship and Visitor Status

Template

Member
Sep 12, 2016
14
0
Hi there,

I am an American with a Canadian wife. For the last year, I stayed with my wife for one year. I spent six months in Canada, left, then returned within three weeks and stayed for another six months. When I did this, I didn't apply for an extension, because I was crossing and coming back. After the second six months, I did the same thing, but the border guard asked me about this, and stated that I was no longer a visitor, as I didn't have a house in the States. She said I could finish my application for sponsorship and obtain PR, or I could come back to visit once I had proof that I lived/worked in the States. I am wondering if this will affect my application for spousal sponsorship under the family class. In addition to this, can I visit my wife once the sponsorship application + open work permit begin being processed? Can I stay with her when they receive it? The border agent said that I needed to furnish proof the net time I visit. I'm currently staying with my parents in the States, something that the border agent would not consider "my property", as the utility bills are not in my name. What is the fastest way to being reunited with my wife? I am finishing up my spousal sponsorship application packet + open work permit now.
 

scylla

VIP Member
Jun 8, 2010
93,196
20,663
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
If you're outside of Canada, your only option is to apply outland. You can't get an open work permit if you apply outland. You also cannot apply inland while physically outside of Canada.

If you're inside of Canada and what to apply inland so that you qualify for an open work permit, then you need to have plans to remain in Canada while the application is being processed.
 

Template

Member
Sep 12, 2016
14
0
If you're outside of Canada, your only option is to apply outland. You can't get an open work permit if you apply outland. You also cannot apply inland while physically outside of Canada.

If you're inside of Canada and what to apply inland so that you qualify for an open work permit, then you need to have plans to remain in Canada while the application is being processed.
Okay, so I am applying outland, I can't get an OWP. Can I still visit my wife? Can I visit while the application is processing? Once it is received, can I stay for another six months? Once they begin "processing" the application, does my status change? Am I able to visit for longer?
 

jester

Newbie
Feb 12, 2016
4
1
In theory, yes you could come to visit your wife. In practicality you'll probably have a difficult time getting passed the border. As you mentioned they questioned you about it last time. Now you're on their radar. Unless you have that proof they're looking for you'll have a high chance of being turned away.

Staying for 6 months, leaving for a token 3 weeks and then staying another 6 months is a red flag to them.