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Applies for Visa Extension (Can I stay while waiting for an answer?)

cakeantidote

Newbie
Sep 24, 2017
3
0
I am here in Canada to visit my girlfriend. My 6 months period will end in 2 weeks. I applied for an extension around 3 weeks ago (extension until mid-June) and still waiting for an answer. If I don't get any answer when my 6 months period ends, what am I supposed to do? Am I allowed to stay legally until I get an answer? I read stories about people getting answers really late when they already left the country.

And if they reject my extension can I apply for an extension again and wait for another answer which will let me stay here until they answer again? Sounds like cheating the system, I know. But I want to know some info from experienced people.

I am from Europe. And I work only on summer times in my home country (my job is like that). And I come to visit my girlfriend during winter season. I have visitor visa.

Thank you for your time!
 

Chrisgraham

Member
Feb 28, 2018
12
1
Hello. I recently left Canada about 1 month ago, I had a visitor visa and I'm from the UK.
I applied for my extension one month before my original was about go expire.
Once youve submitted you application for extension you will be put under "implied status" which means you can remain in Canada until you hear back from them.
I did not hear back from them until I arrived back in Scotland. I actually heard back from them this week saying I was accepted.
 
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bellaluna

VIP Member
May 23, 2014
6,460
1,125
I am here in Canada to visit my girlfriend. My 6 months period will end in 2 weeks. I applied for an extension around 3 weeks ago (extension until mid-June) and still waiting for an answer. If I don't get any answer when my 6 months period ends, what am I supposed to do? Am I allowed to stay legally until I get an answer? I read stories about people getting answers really late when they already left the country.
Yes, it's called implied status.

And if they reject my extension can I apply for an extension again and wait for another answer which will let me stay here until they answer again? Sounds like cheating the system, I know. But I want to know some info from experienced people.

I am from Europe. And I work only on summer times in my home country (my job is like that). And I come to visit my girlfriend during winter season. I have visitor visa.

Thank you for your time!
You can appeal: It's part of the system, so I guess you'll be taking advantage of it. It's called restoration.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html
 
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canuck_in_uk

VIP Member
May 4, 2012
31,596
7,105
Visa Office......
London
App. Filed.......
06/12
I am here in Canada to visit my girlfriend. My 6 months period will end in 2 weeks. I applied for an extension around 3 weeks ago (extension until mid-June) and still waiting for an answer. If I don't get any answer when my 6 months period ends, what am I supposed to do? Am I allowed to stay legally until I get an answer? I read stories about people getting answers really late when they already left the country.

And if they reject my extension can I apply for an extension again and wait for another answer which will let me stay here until they answer again? Sounds like cheating the system, I know. But I want to know some info from experienced people.

I am from Europe. And I work only on summer times in my home country (my job is like that). And I come to visit my girlfriend during winter season. I have visitor visa.

Thank you for your time!
If they reject the extension, you will be out of status as of that date. You can apply for Restoration of Status but as the application would essentially be the exact same as the first one, there would be little chance of approval. Applying for Restoration allows you to stay in Canada BUT does not grant any status. Restoration apps typically take several months, so if and when the Restoration app is refused, you will have been here illegally for several months. Such an overstay would impact future visits.

Your best option if the extension is refused is to leave immediately.
 
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Irene Charles

Newbie
Mar 29, 2018
1
0
Hi everyone can anyone please help with advice on how to apply for a Canadian Visa for a visit, I will be staying there for 10 days
 

Coconutmom

Full Member
Oct 10, 2018
36
1
Hi, i hope someone can give advice or tip re the status of our nanny here in Canada. My family (family of 4 with 2 toddlers) and a nanny came here in Canada last year December 2018. We all came here with multiple entry tourist visas.

My husband was able to get an employer and fortunately processed PNP and got approved. Me, the spouse, is on an open work permit visa and the whole family now is waiting for medical (we submitted pr application inland).

Our primary concern now is the nanny that is on tourist visa and will expire on June 15, 2019 (2mos more). Last February, a potential employer was interested to hire our nanny and submitted an LMIA for her. However, the LMIA has not yet been released. We are a bit concerned re our next step. What are our possible options?:

1. Extend her tourist visa? Our concern is the financial document she submitted last year came from our own funds (because we sponsored her trip here hence, we covered all documents including the finances) because she does not have any bank records to present as well. Can we still extend her visa while waiting for her LMIA? On what grounds and wouldnt it be a conflict if the sponsors (us) is waiting for Permanent Residency Application?

2. Can we opt to be transparent and just declare that she is waiting for her LMIA?

Please help on this! Thank you.
 

Bryanna

VIP Member
Sep 8, 2014
14,158
3,117
Hi, i hope someone can give advice or tip re the status of our nanny here in Canada. My family (family of 4 with 2 toddlers) and a nanny came here in Canada last year December 2018. We all came here with multiple entry tourist visas.

My husband was able to get an employer and fortunately processed PNP and got approved. Me, the spouse, is on an open work permit visa and the whole family now is waiting for medical (we submitted pr application inland).

Our primary concern now is the nanny that is on tourist visa and will expire on June 15, 2019 (2mos more). Last February, a potential employer was interested to hire our nanny and submitted an LMIA for her. However, the LMIA has not yet been released. We are a bit concerned re our next step. What are our possible options?:

1. Extend her tourist visa? Our concern is the financial document she submitted last year came from our own funds (because we sponsored her trip here hence, we covered all documents including the finances) because she does not have any bank records to present as well. Can we still extend her visa while waiting for her LMIA? On what grounds and wouldnt it be a conflict if the sponsors (us) is waiting for Permanent Residency Application?

2. Can we opt to be transparent and just declare that she is waiting for her LMIA?

Please help on this! Thank you.
1. Are your trying to circumvent the immigration rules by having another employer to hire her until you get your PR?

2. Did she apply for a TRV along with you and your family by declaring she was accompanying you as a nanny? Or did she apply on her own as a family visitor/tourist?

3. What would be the basis to extend her stay? And, for how long?

4. Yes, she must prove she has personal finances to support her extended stay
 

canuck_in_uk

VIP Member
May 4, 2012
31,596
7,105
Visa Office......
London
App. Filed.......
06/12
Hi, i hope someone can give advice or tip re the status of our nanny here in Canada. My family (family of 4 with 2 toddlers) and a nanny came here in Canada last year December 2018. We all came here with multiple entry tourist visas.

My husband was able to get an employer and fortunately processed PNP and got approved. Me, the spouse, is on an open work permit visa and the whole family now is waiting for medical (we submitted pr application inland).

Our primary concern now is the nanny that is on tourist visa and will expire on June 15, 2019 (2mos more). Last February, a potential employer was interested to hire our nanny and submitted an LMIA for her. However, the LMIA has not yet been released. We are a bit concerned re our next step. What are our possible options?:

1. Extend her tourist visa? Our concern is the financial document she submitted last year came from our own funds (because we sponsored her trip here hence, we covered all documents including the finances) because she does not have any bank records to present as well. Can we still extend her visa while waiting for her LMIA? On what grounds and wouldnt it be a conflict if the sponsors (us) is waiting for Permanent Residency Application?

2. Can we opt to be transparent and just declare that she is waiting for her LMIA?

Please help on this! Thank you.
Assuming she is still working for you here, she is working illegally.
 

k.h.p.

VIP Member
Mar 1, 2019
8,361
2,007
Canada
Hi, i hope someone can give advice or tip re the status of our nanny here in Canada. My family (family of 4 with 2 toddlers) and a nanny came here in Canada last year December 2018. We all came here with multiple entry tourist visas.

My husband was able to get an employer and fortunately processed PNP and got approved. Me, the spouse, is on an open work permit visa and the whole family now is waiting for medical (we submitted pr application inland).

Our primary concern now is the nanny that is on tourist visa and will expire on June 15, 2019 (2mos more). Last February, a potential employer was interested to hire our nanny and submitted an LMIA for her. However, the LMIA has not yet been released. We are a bit concerned re our next step. What are our possible options?:

1. Extend her tourist visa? Our concern is the financial document she submitted last year came from our own funds (because we sponsored her trip here hence, we covered all documents including the finances) because she does not have any bank records to present as well. Can we still extend her visa while waiting for her LMIA? On what grounds and wouldnt it be a conflict if the sponsors (us) is waiting for Permanent Residency Application?

2. Can we opt to be transparent and just declare that she is waiting for her LMIA?

Please help on this! Thank you.
Hopefully when you applied for her TRV you disclosed she would be illegally working for you in Canada, or she is not working for you in Canada, or else you're in a world of challenges.
 

Coconutmom

Full Member
Oct 10, 2018
36
1
1. Are your trying to circumvent the immigration rules by having another employer to hire her until you get your PR?
- not really. Our kids are almost school age and wont be needing a nanny and i am a stay at home mom. What we would like for her is to get a job that can lead her to residency in the future. In short, she’s gonna be on her own (not working for us anymore).

2. Did she apply for a TRV along with you and your family by declaring she was accompanying you as a nanny? Or did she apply on her own as a family visitor/tourist?
- she applied with us/family as a nanny. So her financial documents were our bank statement (the sponsors).

3. What would be the basis to extend her stay? And, for how long?
- this is what im undecided about should we go for extension, because as i mentioned, last february an employer already submitted her documents for LMIA. Is just that there is no result yet. So shall she declare that and would that be be a valid reason?

4. Yes, she must prove she has personal finances to support her extended stay
- she cant provide because she has no savings at all. ☹
 

Coconutmom

Full Member
Oct 10, 2018
36
1
Hopefully when you applied for her TRV you disclosed she would be illegally working for you in Canada, or she is not working for you in Canada, or else you're in a world of challenges.
- it was disclosed that she is coming with us as a nanny in fact she was given a b1 visa the first issuance of the visa (tourist-business) however we reapplied again because our tickets were moved overlapping he the expiration of her visa. Initially she was given 6mos single entry (B1 or visitor business). But we left our home country on a later date as declared and her second visa was plain tourist (multiple entry 3yrs).

Now we have decided to let her go since there was an employer who is interested to hire her but LMIA is not yet released.
 

canuck_in_uk

VIP Member
May 4, 2012
31,596
7,105
Visa Office......
London
App. Filed.......
06/12
- it was disclosed that she is coming with us as a nanny in fact she was given a b1 visa the first issuance of the visa (tourist-business) however we reapplied again because our tickets were moved overlapping he the expiration of her visa. Initially she was given 6mos single entry (B1 or visitor business). But we left our home country on a later date as declared and her second visa was plain tourist (multiple entry 3yrs).

Now we have decided to let her go since there was an employer who is interested to hire her but LMIA is not yet released.
It was fine for her to work as the nanny while you were just here as temporary visitors. However, as soon as you decided to live here, she was working illegally as a visitor.
 

Bryanna

VIP Member
Sep 8, 2014
14,158
3,117
- it was disclosed that she is coming with us as a nanny in fact she was given a b1 visa the first issuance of the visa (tourist-business) however we reapplied again because our tickets were moved overlapping he the expiration of her visa. Initially she was given 6mos single entry (B1 or visitor business). But we left our home country on a later date as declared and her second visa was plain tourist (multiple entry 3yrs).

Now we have decided to let her go since there was an employer who is interested to hire her but LMIA is not yet released.
Not sure what you guys stated in her TRV applications because she should not have been issued a B1 visa the first time.... nor a MEV with 3-years validity for her second application. It seems the Manila visa office did not really scrutinize her applications properly
 
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Coconutmom

Full Member
Oct 10, 2018
36
1
- it was disclosed that she is coming with us as a nanny in fact she was given a b1 visa the first issuance of the visa (tourist-business) however we reapplied again because our tickets were moved overlapping he the expiration of her visa. Initially she was given 6mos single entry (B1 or visitor business). But we left our home country on a later date as declared and her second visa was plain tourist (multiple entry 3yrs).

Now we have decided to let her go since there was an employer who is interested to hire her but LMIA is not yet released.
It was never ille
It was fine for her to work as the nanny while you were just here as temporary visitors. However, as soon as you decided to live here, she was working illegally as a visitor.
oh yeah. We haven’t thought of that. Thank you for saying that, will modt likely just send her home.