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Author Topic: Visa extension...need advice  (Read 295 times)
juliette_ds
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« on: June 06, 2011, 09:53:41 am »

Seeking advice from anyone who can help.
Partner and I married in May of this year (2011). I am from Australia so entered Canada under the 90 day visa waiver program, as a visitor. Do I need to apply for an extension of my stay as it's due to run out on July 12 and we are presently waiting on our marriage certificate before we can start my PR application. Obviously it will be an inland application.
Any help is appreciated as I seem to be getting several conflicting areas of advice and getting right royally confused in the process Smiley
Thank you!
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CharlieD10
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Posts: 4657
Ratings: +130
Category........: FAM
Visa Office......: KGN
App. Filed.......: 15-02-2011
File Transfer...: 09-05-2011
Med's Done....: 17-01-2011, 08-03-2012
Interview........: Waived
Passport Req..: 30-3-2012
VISA ISSUED...: 13-04-2012
LANDED..........: ?

« Reply #1 on: June 06, 2011, 02:30:52 pm »

Yes, you need to apply for an extension, and you need to do so fairly soon.  Extensions should ideally be submitted at least 30 days before the expiration of the current status.  The proof of your submitted extension requests gives you "implied status" until your visa extension is considered and decided on.

You might have been told that you don't need to apply to extend your status if you are applying Inland, that is NOT so.  You are responsible for maintaining legal status in Canada even while applying for PR Inland. 
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Baloo
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« Reply #2 on: June 06, 2011, 02:41:37 pm »

Quote
Obviously it will be an inland application.

There is nothing obvious in the statement, really. But I don't know all your reasons Smiley

Plenty of people apply "Family spousal outland" even when they are physically in Canada - I did.
Inland timing is about 18 months, whereas outland via Sydney would be about 41 days + 7 months.

Numbers from the CIC site http://www.cic.gc.ca/english/information/times/perm-fc.asp
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Hoping for an immigration stream for everyone with this tattoo on their thigh
I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca
juliette_ds
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« Reply #3 on: June 07, 2011, 07:50:22 am »

Thanks to both of you for the help. Baloo, I was really interested in hearing that you applied outland for your PR even while in Canada. How does that work though if they require an interview. I would then have to fly back to Sydney for this?
cheers
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scylla
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Posts: 4150
Ratings: +106
Category........: FAM
Visa Office......: Buffalo
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

« Reply #4 on: June 07, 2011, 07:56:22 am »

You won't necessarily have an interview. Yes - if an interview is required, it will be in Sydney. However if you put together a strong application that clearly demonstrates your relationship is genuine - you should be able to skip the interview.

My husband applied outland as well while living (as a visitor) in Canada.
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Baloo
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« Reply #5 on: June 07, 2011, 09:29:43 am »

Thanks to both of you for the help. Baloo, I was really interested in hearing that you applied outland for your PR even while in Canada. How does that work though if they require an interview. I would then have to fly back to Sydney for this?
cheers

Exactly as scylla mentioned, "Yes - if an interview is required, it will be in Sydney."
With a strong application, most interviews are waived.

Keep your status valid while in Canada, by applying for an extension of your stay. http://www.cic.gc.ca/english/visit/extend-stay.asp
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Hoping for an immigration stream for everyone with this tattoo on their thigh
I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca
pinklady
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Posts: 1527
Ratings: +45
Category........: FAM
Visa Office......: London
App. Filed.......: 16-12-2010
Passport Req..: 28-02-2011
LANDED..........: 09-04-2011

« Reply #6 on: June 07, 2011, 09:39:04 am »

I also did the same as scylla and Baloo, applied outland while in canada.
It probably won't be necessary for you to have an interview, especially if you put together a strong application with lots of proof. I think the majority of cases from buffalo, london and sydney etc process without an interview.
If I were you, I would risk it! The processing times are MUCH faster!
Good luck!
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QCSunshine
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Posts: 404
Ratings: +11
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 05-10-2010
Med's Done....: 11-06-2010
Passport Req..: 04-05-2011
VISA ISSUED...: 17-05-2011
LANDED..........: 24-05-2011

« Reply #7 on: June 07, 2011, 10:44:30 am »

I also applied outland from within Canada (while here on a work permit then a visitor permit). I almost applied inland, though, because I thought that if you were in Canada you had to apply inland.
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Baloo
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« Reply #8 on: June 07, 2011, 11:31:20 am »

I almost applied inland, though, because I thought that if you were in Canada you had to apply inland.

A common misconception.
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Hoping for an immigration stream for everyone with this tattoo on their thigh
I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca
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