Applying for a visitor visa WITHOUT crossing the border?

[alicia13]

Hi all,

I applied for spousal sponsorship back in early February and have yet to receive an AOR just like everyone else, my work permit expired on March 31st but I included an OWP application with my spousal one so I believe I have implied status to remain here. I am not working right now and don't plan on doing so until I hopefully receive my OWP.
Here is my question: I am from a visa-exempt country, is there a way for me to apply for a visitor's visa INLAND (like online or by mail) without the risk of being rejected in person by an officer at the border? My sister is getting married back home in the summer and my husband and I are hoping to attend...but I don't want to return to Canada after the trip just to get denied entry!

I hope I have made myself clear and thanks in advance for any info anyone may have.

 

[scylla]

It doesn't make sense for you to apply for a visitor visa since you are visa-exempt. Having a visitor visa doesn't mean you will definitely be allowed into Canada. It's no different than visiting on your passport alone as a visa-exempt traveler. Whether you are allowed into Canada is still at the discretion of the visa officer you encounter at the border.

Long story short, if you decide to leave Canada, there is always some chance (no matter how small) that you will be refused re-entry. There is no visa or anything else you can obtain that will guarantee re-entry.

 

[alicia13]

It doesn't make sense for you to apply for a visitor visa since you are visa-exempt. Having a visitor visa doesn't mean you will definitely be allowed into Canada. It's no different than visiting on your passport alone as a visa-exempt traveler. Whether you are allowed into Canada is still at the discretion of the visa officer you encounter at the border.

Long story short, if you decide to leave Canada, there is always some chance (no matter how small) that you will be refused re-entry. There is no visa or anything else you can obtain that will guarantee re-entry.

Ok, thank you for that information!

 

[Regina]

Here is my question: I am from a visa-exempt country, is there a way for me to apply for a visitor's visa INLAND

yes, you had to apply for your TVR EXTENSION (even if you do not have one). As soon as your WP expired you are without status in Canada even if you applied for PR based on Family sponsorship. Even if you are from visa-exempt country you are not allowed to stay in Canada as long as you wish. You may stay as a visitor for 6 month, you have to obtain WP or SP, and you have to have a legal immigration status to stay in Canada waiting till your OWP or PR comes. You have to apply for your TVR!!!!!

If you leave Canada then you jeopardize your inland sponsorship process. Applying from inland you suppose to stay inland. If CIC knows you left Canada they could revoke the process and you will need to start again, once more from OUTSIDE of Canada.

 

[canuck_in_uk]

yes, you had to apply for your TVR EXTENSION (even if you do not have one).

A TRV is an entry visa; it cannot be extended and applying for one while already in Canada does not give status. A person must apply to extend their status if they wish to stay in Canada, which is an entirely different application. Moreover, as OP is visa-exempt, it makes no sense to apply for a TRV in any situation.

 

[alicia13]

A TRV is an entry visa; it cannot be extended and applying for one while already in Canada does not give status. A person must apply to extend their status if they wish to stay in Canada, which is an entirely different application. Moreover, as OP is visa-exempt, it makes no sense to apply for a TRV in any situation.

Thank you, I see now that applying for any kind if "entry visa" from within Canada doesn't really make much sense as I live here already. So would you agree that it is a luck of the draw situation with whatever officer I happen to face when I fly back to Toronto? If there is nothing more secure that I can do then I won't even risk it, especially as I will be travelling with my husband and infant son.
Thanks again

 

[scylla]

So would you agree that it is a luck of the draw situation with whatever officer I happen to face when I fly back to Toronto?

Yes - it's luck of the draw unfortunately.

Given you are visa exempt, chances are very high you will be absolutely fine. But there's always that very small chance you won't be.

 

[Regina]

A person must apply to extend their status if they wish to stay in Canada, which is an entirely different application. Moreover, as OP is visa-exempt, it makes no sense to apply for a TRV in any situation.

You do not get the difference between entry visa and TRV. A person from visa exempt county does not need an entry visa but still cannot stay in Canada longer than 6 months. Yes, she can leave Canada and try to enter again (she does not need an entry visa) but the correct way to stay in Canada during "sponsorship" process is to ask for TRV (=to extend her stay)

 

[Regina]

as I live here already.

On what immigration grounds? Neither your husband nor even you son do not make your stay in Canada longer than for 6 months legal. Even your process of "sponsorship" does not make it legal either.

I suggest you to go to talk to a lawyer because you are confused and could make a big mistake.

 

[Alurra71]

If you have a work permit that just recently expired, you can apply to change the conditions of your stay, link here http://www.cic.gc.ca/english/information/applications/visitor.asp Tell them you have a spousal application and would like to remain with your hubby until it is processed. They will likely grant you a 1 year extension and you would end up with a 'visitor record' which is something you would attach to your passport and keep it there until you have been granted your PR. With that in your passport, it does not guarantee your ability to return to Canada if you leave, however, it greatly increases the odds that they will allow you to re-enter without issue, ESPECIALLY given that you hold a visa exempt passport.

You don't need a lawyer as suggested by another poster so don't worry about that part. She was partly correct in that you have no immigration grounds to state that you 'live' in Canada and at no time should you ever state this in front of a CBSA agent as they take that word literally and not in the context you meant it. Always always always use the term 'visiting' when talking with CBSA until you have your actual PR.

Good luck!

 

[alicia13]

On what immigration grounds? Neither your husband nor even you son do not make your stay in Canada longer than for 6 months legal. Even your process of "sponsorship" does not make it legal either.

I suggest you to go to talk to a lawyer because you are confused and could make a big mistake.

Implied status due to the fact that I included an OWP application with my PR application before my most recent one expired?
Mailing and payment receipts of my PR application were enough to prove implied status for my maternity EI application for example.


If I understand correctly, you said that since my work permit expired I don't have status, not even implied despite having applied for PR and an OWP?

 

[alicia13]

If you have a work permit that just recently expired, you can apply to change the conditions of your stay, link here http://www.cic.gc.ca/english/information/applications/visitor.asp Tell them you have a spousal application and would like to remain with your hubby until it is processed. They will likely grant you a 1 year extension and you would end up with a 'visitor record' which is something you would attach to your passport and keep it there until you have been granted your PR. With that in your passport, it does not guarantee your ability to return to Canada if you leave, however, it greatly increases the odds that they will allow you to re-enter without issue, ESPECIALLY given that you hold a visa exempt passport.

You don't need a lawyer as suggested by another poster so don't worry about that part. She was partly correct in that you have no immigration grounds to state that you 'live' in Canada and at no time should you ever state this in front of a CBSA agent as they take that word literally and not in the context you meant it. Always always always use the term 'visiting' when talking with CBSA until you have your actual PR.

Good luck!

Thank you very much for your constructive response! Yes I don't think I need a lawyer either, I will discuss it with my husband but I think we will probably just stay in Canada until I hear from CIC.
I will definitely look into the link you sent me to err on the side of caution and thank you for the advice on the wording, I can see how that could sound very bad to an officer seeing as I technically am in a grey area; I meant "live" in the loosest sense of the word but I see now that emphasizing "visiting" is the correct way.
Thanks again!

 

[Alurra71]

Implied status due to the fact that I included an OWP application with my PR application before my most recent one expired?
Mailing and payment receipts of my PR application were enough to prove implied status for my maternity EI application for example.


If I understand correctly, you said that since my work permit expired I don't have status, not even implied despite having applied for PR and an OWP?

The biggest thing you have to worry about with 'implied status' is that it affords you absolutely NO PROTECTION at all from the strange whims of CBSA. If for some unknown reason they decided to knock on your door tomorrow, your spousal application and your implied status would not save you if they decided you need to be deported from the country. I know it's a long shot and likely not to happen, but for myself personally, I would not want to risk the effort and time I had already put into getting my application sent only to have it thrown out the window due to a 'technicality' and CBSA's bad mood.

Those two offices have nothing to do with one another and there are far too many posts the last few months of people in this position and being deported. Granted most of them are due to other reasons like failed refugee or criminality or something of that ilk, but if they can't stay on implied status, then they will follow suit and nobody can stay on implied status if they don't want you to. Does that make sense?

Anyway, it is up to you. As I said, for the most part, if you just change the conditions of your stay, you can go to the wedding and return likely with no issue at all. I know my visitor record allowed me to travel back to the US with my hubby on a couple of occasions and definitely helped when returning to Canada as they clearly state on the bottom "spousal sponsorship underway" (or some similar wording).

 

[canuck_in_uk]

You do not get the difference between entry visa and TRV. A person from visa exempt county does not need an entry visa but still cannot stay in Canada longer than 6 months. Yes, she can leave Canada and try to enter again (she does not need an entry visa) but the correct way to stay in Canada during "sponsorship" process is to ask for TRV (=to extend her stay)

You are the one that does not understand. A TRV IS an entry visa, hence why they are called "single entry" or "multiple entry". Once a person has entered Canada, they must maintain their status as a visitor, worker or student; they do not need a valid TRV to do this. A person can legally stay for years in Canada without a valid TRV. The only reason a person in Canada needs to apply for a new TRV is if they are non visa-exempt and need to leave and then re-enter Canada.

Application to extend stay as visitor: http://www.cic.gc.ca/english/information/applications/visitor.asp

Application for new TRV from within Canada: http://www.cic.gc.ca/english/information/applications/visa.asp

Seriously, stop providing incorrect and misleading advice.