Best way for my wife to stay in Canada during PR process?

[milantst]

Hello,

First of all I want to thank all the posters on this board, I have learned so much along the way, and I hope to share my experience here, once it's done and hopefully successful.

My wife came here on a caregiver visa. We met, dated and got married. She is currently not working, and we live together. I am a Canadian citizen. We applied to family class sponsorship in Nov 2009, only to get a letter this month saying the file has been transferred to Etobicoke (we are in the GTA). That was the first and so far only communication from CIC. (Does everyone get an AOR in letter form? At least we have a client number now. Does this letter count as AOR?)

My question/situation is this: her visa runs out in about two months. We want to extend her stay, but I am not sure which would be the best way to do it. She can search for another caregiver job, and then she could get a new temp worker visa. But we are looking at another option: can she apply to change the conditions of her stay, while remaining in Canada? I looked at the Application to Remain in Canada as TRP Holder. But I don't see an option that could change someone's status from temp worker to TRP. Or is there? I am aware that she should apply before her visa runs out, and that she can stay at least while her request is processed. The primary reason is we are married, and we want to be together. But is it legitimate to say that she wants to stay here because she is waiting for her PR application process? What would they think of that?

I would appreciate your help.

 

[iarblue]

Send in an appp for a workers permit one month before her other runs out using her old work permit as a reference,state on the app that you are in the process of applying for her PR.They may just extend her current visa or give her another,anyway once she applies she is under implied status until her new visa which ever it may be arrives.

 

[RobsLuv]

You applied inland - you should have included an Application to Extend with the inland PR ap. Since she is still in status, they probably transferred the application to Etobicoke because they have doubts about the "genuine" relationship. They may think you married just so that she could stay in Canada.

Apply to extend and be sure the application is received by CPC-Vegreville prior to expiration of her current work permit. As long as it is, she's under implied status to continue working under the old permit until she hears back from them. Be sure to include proof of the legal marriage, and proof that you have a PR ap in process. You'll need to continue to apply each time her status is due to expire - Etobicoke is not known for being quick. It could be a couple of years before you hear anything from them. In the meantime, it's probably a good idea to make sure you copy them also on the application to extend, so they know you are keeping her temporary status valid. I'd see if you can get a fax number for them and send them copy of the application form, the fees receipt and the tracking so that you can prove it was received by CPC-V before expiration.

 

[milantst]

Thanks for the info, but what Robsluv said about the file transfer to Etobicoke makes me nervous due to the time it will take to process the application. We didn't send in the application to extend because we assumed it would be processed before the expiry on her visa.
But this application to extend can only be used to extend her stay as a worker. This means she would have to be employed, or do I misunderstand. Is there an option to change her status from worker to temporary resident?

 

[Leon]

You can definitely ask to change her status from a temporary worker to a visitor status. Mention on the application that you have an ongoing sponsorship application, include the file number.