Does filing an Inland Sponsorship after arriving on TRV extend the stay?

[Leafs.FD]

Hi all,

I had a question. Lets say my spouse and I arrive at the border (I am citizen and my spouse has a TRV). If the CBSA officer grants say a couple weeks, but in those couple weeks we file an inland sponsorship. Would the stay now be automatically extended as the inland sponsorship is in process?

Any help/insight is appreciated!

Thanks!

 

[scylla]

Hi all,

I had a question. Lets say my spouse and I arrive at the border (I am citizen and my spouse has a TRV). If the CBSA officer grants say a couple weeks, but in those couple weeks we file an inland sponsorship. Would the stay now be automatically extended as the inland sponsorship is in process?

Any help/insight is appreciated!

Thanks!

No, this does not extend the stay. Only applying for the OWP extends the stay but you need AOR to do that which generally takes a few months after you've submitted the inland application.

 

[Ponga]

Hi all,

I had a question. Lets say my spouse and I arrive at the border (I am citizen and my spouse has a TRV). If the CBSA officer grants say a couple weeks, but in those couple weeks we file an inland sponsorship. Would the stay now be automatically extended as the inland sponsorship is in process?

Any help/insight is appreciated!

Thanks!

No. The applicant would need to apply to extend their status UNLESS they receive the AOR (Acknowledgment of Receipt) email from IRCC, which would allow them to submit an OWP (Open Work Permit) application. The OWP application would give them Maintained Status, but the Inland application alone does NOT extend legal status.

This is moot because it is highly unlikely that you would be able to gather everything that's needed for a SCPLC (Inland) application in just `a couple of weeks'.

 

[Leafs.FD]

@scylla @Ponga Hmm I see alright thanks for the insight!

 

[armoured]

I had a question. Lets say my spouse and I arrive at the border (I am citizen and my spouse has a TRV). If the CBSA officer grants say a couple weeks, but in those couple weeks we file an inland sponsorship. Would the stay now be automatically extended as the inland sponsorship is in process?

I agree with others, but two additional points:
-it is VERY unlikely that the spouse would only be admitted for a few weeks. Standard is six months, and so standard that they often don't do more than stamp the passport (sometimes not even that) with no date indicated. It's a weird practice that they don't usually even show what period, but it's understood that unless some other period is shown, it's six months.
-while just applying for inland doesn't extend the stay, the applicant can apply to extend the stay under trv. As I understand it usually takes four weeks or more to even get a response, and it's understood that if you've applied to extend and it hasn't been refused, you're in Canada legally.

 

[Leafs.FD]

I agree with others, but two additional points:
-it is VERY unlikely that the spouse would only be admitted for a few weeks. Standard is six months, and so standard that they often don't do more than stamp the passport (sometimes not even that) with no date indicated. It's a weird practice that they don't usually even show what period, but it's understood that unless some other period is shown, it's six months.
-while just applying for inland doesn't extend the stay, the applicant can apply to extend the stay under trv. As I understand it usually takes four weeks or more to even get a response, and it's understood that if you've applied to extend and it hasn't been refused, you're in Canada legally.

Hey @armoured Thanks for the insight! So follow-up question in that case. Say we have a return ticket for a couple weeks later. Would they tend to stamp without a date? Or would they put the return ticket date in?

 

[scylla]

Hey @armoured Thanks for the insight! So follow-up question in that case. Say we have a return ticket for a couple weeks later. Would they tend to stamp without a date? Or would they put the return ticket date in?

Most of the time people are allowed in for the default six months. But it's up to the CBSA officer.

 

[Ponga]

Would suggest that if the AOR has not been received a couple of weeks before the visitor status is to expire, then by all means apply to extend...waiting until the last minute to do so. If status elapses, the applicant would have Maintained Status until a decision has been made.

Say we have a return ticket for a couple weeks later. Would they tend to stamp without a date? Or would they put the return ticket date in?

If you have a return ticket for a couple weeks later...how could you apply for Inland sponsorship? The applicant must remain in Canada with their spouse/partner to qualify.

 

[Leafs.FD]

Thanks everyone for the insight!

@Ponga Reason im asking about the return ticket and if the date they write in would match the return ticket date is she has a lot of vacation she could request (her job would allow her to extend her time off as long as they get at least 1 week heads up during the current time off). We have the return ticket fully flexible. Thats why I've been saying "a couple weeks" as if we are able to, we could extend the visit a few more weeks on the fly (there is sooo much I want to show her haha).

If the passport stamp is dated with the return ticket date, it wont provide that type of flexibility. Hence why my original question about inland sponsorship (potentially being a route to extend her stay).

 

[armoured]

If the passport stamp is dated with the return ticket date, it wont provide that type of flexibility. Hence why my original question about inland sponsorship (potentially being a route to extend her stay).

Repeating what has already been written: it is ALWAYS at the discretion of the border officer upon entry. Technically despite having the visa, the visitor could also be sent back without being allowed in - discretion of the officer. (Mind they of course only do this rarely - in cases of eg serious criminality or some other problem like the visitor having obviously lied about something important)

But in practice, they usually just put the stamp for day of entry with no date limit for the visit noted, the six months is 'standard.' I've said such further limitations are 'rare', some might say infrequent or uncommon - no guarantees. And no, they generally will not limit to the date of return air ticket - that would be 'rare'. They may ask about the return date as part of standard questioning to determine traveller credibility etc. If the visitor might change their plans later, they don't have to get into that unless the CBSA officer specifically asks about something like that. (To boil down: answer questions briefly and truthfully -0 but answer the question posed, not go into hypotheticals).

Note also that the dates on the visa refer to the day of entry not the date by which the visitor with TRV must leave - if they just do standard stamp, it's six months from date of entry, not the 'valid to' date on the visa. (There are some exceptions but those are specific types of visas as far as I'm aware, things like official visitors on official/diplomatic passports, for example - basically if you had this, you would know)

 

[scylla]

Thanks everyone for the insight!

@Ponga Reason im asking about the return ticket and if the date they write in would match the return ticket date is she has a lot of vacation she could request (her job would allow her to extend her time off as long as they get at least 1 week heads up during the current time off). We have the return ticket fully flexible. Thats why I've been saying "a couple weeks" as if we are able to, we could extend the visit a few more weeks on the fly (there is sooo much I want to show her haha).

If the passport stamp is dated with the return ticket date, it wont provide that type of flexibility. Hence why my original question about inland sponsorship (potentially being a route to extend her stay).

If she gets a short stay only, she will need to apply to extend her status in Canada separately from the inland application.

 

[Leafs.FD]

@scylla and @armoured Thanks alot for the insight!

Ive got all the info I need now. Thanks to everyone fort he help!

 

[armoured]

@scylla and @armoured Thanks alot for the insight!

Ive got all the info I need now. Thanks to everyone fort he help!

Keep in mind the point that @Ponga made above: "The applicant must remain in Canada with their spouse/partner to qualify."

I only say this because your plans about the return ticket seemed a bit contradictory to me.

 

[Leafs.FD]

Keep in mind the point that @Ponga made above: "The applicant must remain in Canada with their spouse/partner to qualify."

I only say this because your plans about the return ticket seemed a bit contradictory to me.

Hey yes thanks for the reminder. It does sound contradictory for sure haha. Was just looking at options for extending (if needed) and thought that would be an option (I mean we definitely will file a sponsorship at some point). I will make note that if we do file, then she must remain here.