Implied status after applying for Spouse class whilst on soon-to-expire eTA

[bencd]

Info:

• I'm a UK citizen staying with my Canadian soon-to-be wife (marriage next week - we've been together for 3 years and have plenty of docs to prove so).
• I'm here on eTA status which will expire on June 8.
• I want to stay in Canada beyond June 8.
• I have not worked and do not want to work for a Canadian company before I receive an OWP.
• I have plans to travel to the US for a couple weeks at the end of August (which as I understand it affects whether I should apply for Inland or Outland).
  
• We want to apply for a visa under the Spouse class with an open work permit.

Question:
When will I have implied status? Conflicting information can be found online as to whether it's when I apply or when I receive an AOR. It seems unlikely that I will receive an AOR before June 8.

If I require AOR to get implied status, these are the options I think I have:

• Apply for a visitor visa to cover the gap between my 6 months travel status and the receipt of the AOR? If I need to apply for the visitor visa I understand I need to do so 30 days before my current status expires?
• Apply for working holiday visa.

Thanks for any help!

 

[KBH]

Hi, first I want to point out your eTA has absolutely no relation to your status in Canada. The eTA is what allows you to board a plane to Canada as a visa-exempt person, but it has no impact on your entry into Canada or how long you are allowed to stay. The CBSA officer determines that at your time of entry (and it's 6 months if no specific date/time was mentioned to you or stamped in your passport). Did you enter on December 8?

Apply to extend your stay as a visitor. You're cutting it too close to rely on the implied status from the OWP application. The implied status starts when your application is received, but if your application were to be sent back to you for any reason (which is quite common), you would not benefit from the implied status and would then be out of status.

You can apply to extend your stay here: https://www.canada.ca/en/immigratio...on-change-conditions-extend-stay-visitor.html

 

[bencd]

Thanks for the clarification on the eTA. Is it more correct to say that my status is visa-exempt for 6 months? In any case, yes I landed on December 8.

So I should apply to extend my stay and apply for the spousal visa ASAP. Am I right in assuming that the most important consideration for visa extensions from CIC is whether you have the money to fund the stay?

 

[Rob_TO]

Info:

• I'm a UK citizen staying with my Canadian soon-to-be wife (marriage next week - we've been together for 3 years and have plenty of docs to prove so).
• I'm here on eTA status which will expire on June 8.
• I want to stay in Canada beyond June 8.
• I have not worked and do not want to work for a Canadian company before I receive an OWP.
• I have plans to travel to the US for a couple weeks at the end of August (which as I understand it affects whether I should apply for Inland or Outland).
  
• We want to apply for a visa under the Spouse class with an open work permit.

Question:
When will I have implied status? Conflicting information can be found online as to whether it's when I apply or when I receive an AOR. It seems unlikely that I will receive an AOR before June 8.

If I require AOR to get implied status, these are the options I think I have:

• Apply for a visitor visa to cover the gap between my 6 months travel status and the receipt of the AOR? If I need to apply for the visitor visa I understand I need to do so 30 days before my current status expires?
• Apply for working holiday visa.

Thanks for any help!

When exactly did you last enter Canada? As mentioned above, your eTA status is completely irrelevant to your status in Canada.

Difference between inland and outland:
OUTLAND
- No implied status. So every 6 months you'd need to request visitor status extension, or leave/re-enter Canada
- No Open Work Permit
- You can come and go from Canada as a visitor with no risk to app

INLAND
- Implied status for duration of app processing when PR + OWP app are submitted (OWP gives implied status)
- OWP is received after 3-4 months of applying
- You must cohabit with sponsor inside Canada for duration of processing. You can leave Canada for short trips but If you were denied re-entry for any reasons (at discretion of CBSA officer), the PR app would be cancelled. Risk may be low, but need to be aware of it.

 

[KBH]

Thanks for the clarification on the eTA. Is it more correct to say that my status is visa-exempt for 6 months? In any case, yes I landed on December 8.

So I should apply to extend my stay and apply for the spousal visa ASAP. Am I right in assuming that the most important consideration for visa extensions from CIC is whether you have the money to fund the stay?

You can just say you are in Canada as a visitor, or that you currently have visitor status. It's no big deal, just a common misconception about the eTA.

There are a few factors they take into consideration for the visitor extension, but generally they are very lenient for visa-exempt applicants who either have a PR application in process, or plan to submit one soon. You may find it beneficial to go ahead and pay the fees for the PR app and include a copy of that receipt with your visitor extension application as proof that you are applying for PR soon. They are mainly concerned that you have enough funds for your stay and that you do intend to leave at the time your stay expires, if you were not granted PR or another extension.

 

[bencd]

When exactly did you last enter Canada? As mentioned above, your eTA status is completely irrelevant to your status in Canada.

Difference between inland and outland:
OUTLAND
- No implied status. So every 6 months you'd need to request visitor status extension, or leave/re-enter Canada
- No Open Work Permit
- You can come and go from Canada as a visitor with no risk to app

INLAND
- Implied status for duration of app processing when PR + OWP app are submitted (OWP gives implied status)
- OWP is received after 3-4 months of applying
- You must cohabit with sponsor inside Canada for duration of processing. If you leave Canada and were denied re-entry for any reasons (at discretion of CBSA officer), the PR app would be cancelled

Thanks for the clarification on the differences between the two types. Considering the wait times for Inland PR are 26 months, CIC really expects that you don't leave the country for over 2 years?

You can just say you are in Canada as a visitor, or that you currently have visitor status. It's no big deal, just a common misconception about the eTA.

There are a few factors they take into consideration for the visitor extension, but generally they are very lenient for visa-exempt applicants who either have a PR application in process, or plan to submit one soon. You may find it beneficial to go ahead and pay the fees for the PR app and include a copy of that receipt with your visitor extension application as proof that you are applying for PR soon. They are mainly concerned that you have enough funds for your stay and that you do intend to leave at the time your stay expires, if you were not granted PR or another extension.

That makes sense.

Based on both of your comments I'm thinking this is my best approach:

• Pay the fees for PR now
• Apply for visa extension now with PR fees receipt
• Apply for Inland spousal-class PR with OWP ASAP

Say that I get the visa extension, will I have issues travelling to the US at the end of August, returning to Canada mid-September? Presumably the visitor visa will allow me to come back in fairly easily? I understand that if I were denied entry my Inland PR would be voided.

 

[bencd]

I should also mention that I work for myself with a UK company so working in Canada is not a requirement. Is it a better idea to apply for Outland?

 

[KBH]

I should also mention that I work for myself with a UK company so working in Canada is not a requirement. Is it a better idea to apply for Outland?

If you will be working remotely, there is no need for the OWP and you should apply outland instead.

 

[Rob_TO]

Thanks for the clarification on the differences between the two types. Considering the wait times for Inland PR are 26 months, CIC really expects that you don't leave the country for over 2 years?

If you check current processing times, it's 12 months for either inland or outland.
http://www.cic.gc.ca/english/information/times/

Say that I get the visa extension, will I have issues travelling to the US at the end of August, returning to Canada mid-September? Presumably the visitor visa will allow me to come back in fairly easily? I understand that if I were denied entry my Inland PR would be voided.

It's not a visa, as UK citizens are visa-exempt. You are apply to extend your visitor status.

As soon as you leave Canada, your status disappears. Or if you had a request in process to extend status, that request is cancelled once you leave Canada. You would basically be applying for brand new visitor status directly from CBSA upon your next re-entry.

You are always entering Canada as a visa-exempt national, and under that premise it should be relatively easy to be allowed entry.