Extending Visitor Visa for 2nd time while submitting PR application

[northamexec]

Hello...my spouse is a Canadian Citizen, I'm an American Citizen.

Our child was born in Ontario Canada in 2016..We were married in Ontario, Canada in March of 2018...submitted extension of visitor visa request in June of 2018. That visitor visa extension was approved thru June 2019, I have been staying in Canada ever since that time. It is now April of 2019. My spouse is a small business owner with good income and looks good on paper in terms of giving financial stability to our little family. I also look ok on paper with decent income from my business in the U.S.

We are -just now- ready to turn in the sponsorship paperwork for my spouse to sponsor me for permanent resident in Canada...it's taken us a while to get everything in order. Our question is:

1. If we send in a -second- extension of visitor visa request now, at the same time as we send in my spouse's sponsorship application for me..are we likely to get the benefit of "implied status" while immigration processes the visitor visa extension request? someone on another thread suggested immigration might quickly kick "second requests" out of the system without even putting them in the queue for processing.

2. does it seem like immigration canada will be upset we waited until essentially the end of the first visitor visa extension request for my spouse to send in a PR sponsorship packet for me? We have been living together as a family with our small child this entire time in Ontario. no problems, no work visa violations, etc

3. if the visa visitor extension request is rejected...can we appeal the rejection while the PR sponsorship packet is still pending and if so, do I get implied status while the appeal is pending?

4. should we get a immigration lawyer to work on all of the above? or are we still ok submitting ourselves? most people have been telling us to submit everything ourselves. however we are open to getting a lawyer if it will increase our chances of success.

5. sorry if all of this seems confusing, we want to do everything possible to avoid me having to leave Canada, as our small child is here and we would much prefer to process everything "inland."

6. we have no time pressure, everything is fine in our lives...if we have to I can go back to the U.S. for a while but it seems like it would be less likely immigration Canada would let me back in to Canada over the short term as I was living in Canada with my spouse for almost a year without submitting the PR sponsorship packet.

Rather than leaving and having to spend the next year back in the U.S. away from our friends and family, we would simply prefer to continue working on all of this if possible without either spouse having to leave Canada. We are eager to submit the PR sponsorship packet now but unsure if we can get a 2nd extension to my visitor visa..

Thanks in advance for replies!

 

[k.h.p.]

Hello...my spouse is a Canadian Citizen, I'm an American Citizen.

Our child was born in Ontario Canada in 2016..We were married in Ontario, Canada in March of 2018...submitted extension of visitor visa request in June of 2018. That visitor visa extension was approved thru June 2019, I have been staying in Canada ever since that time. It is now April of 2019. My spouse is a small business owner with good income and looks good on paper in terms of giving financial stability to our little family. I also look ok on paper with decent income from my business in the U.S.

We are -just now- ready to turn in the sponsorship paperwork for my spouse to sponsor me for permanent resident in Canada...it's taken us a while to get everything in order. Our question is:

1. If we send in a -second- extension of visitor visa request now, at the same time as we send in my spouse's sponsorship application for me..are we likely to get the benefit of "implied status" while immigration processes the visitor visa extension request? someone on another thread suggested immigration might quickly kick "second requests" out of the system without even putting them in the queue for processing.

Congratulations on your child. A second extension may or may not be granted. I've seen many rejected here. You will only get implied status while the extension is being processed, like you've noted. Have you considered applying for an open work permit?

2. does it seem like immigration canada will be upset we waited until essentially the end of the first visitor visa extension request for my spouse to send in a PR sponsorship packet for me? We have been living together as a family with our small child this entire time in Ontario. no problems, no work visa violations, etc

I wouldn't worry about this too much. People apply out of status all the time. You're at least still in status when you apply.

3. if the visa visitor extension request is rejected...can we appeal the rejection while the PR sponsorship packet is still pending and if so, do I get implied status while the appeal is pending?

Appealing a visitor extension is a pointless and exceptionally costly endeavour. You don't get implied status during an appeal, but I believe that they don't remove you until afterwards. CBSA is also very unlikely to order a removal if you have a PR application in process.

But you could solve that by applying for an OWP, which gets you implied status until its processing is finished in 3-4 months. As Americans are typically being processed in 6-8 months right now for PR, your PR could theoretically almost be done by the time the status issue around the OWP is resolved one way or another.

4. should we get a immigration lawyer to work on all of the above? or are we still ok submitting ourselves? most people have been telling us to submit everything ourselves. however we are open to getting a lawyer if it will increase our chances of success.

This depends on your risk appetite. Having a lawyer is useful to check for completeness and glaring errors, and is absolutely essential if your application is going sideways or has issues. However, given these questions you seem quite organized and cognizant of what you're doing.

Essentially, it's a comfort thing. Are you comfortable filling out forms and checking for completeness on your own? Are you aware of any "red flags" in your case that may complicate things? Are you comfortable representing yourself?

A lawyer in and of themselves will not increase your chances everything else being equal. But if your case is complex, then a lawyer will definitely help. If your case is complicated enough to require legal advice, a lawyer is a good idea.

5. sorry if all of this seems confusing, we want to do everything possible to avoid me having to leave Canada, as our small child is here and we would much prefer to process everything "inland."

Nope, not confusing. You've laid this out in a clear way that is easy to understand

6. we have no time pressure, everything is fine in our lives...if we have to I can go back to the U.S. for a while but it seems like it would be less likely immigration Canada would let me back in to Canada over the short term as I was living in Canada with my spouse for almost a year without submitting the PR sponsorship packet.

It's possible they wouldn't let you back in. American outland processing is about 6-8 months, quite a bit less than other country applications. But you don't necessarily need to leave. Plenty of people apply inland at the end of their status and wait out the processing while technically being out of status. There's nothing super wrong with that, though it is overstaying. They don't have implied status unless they have an OWP or other application pending.

Rather than leaving and having to spend the next year back in the U.S. away from our friends and family, we would simply prefer to continue working on all of this if possible without either spouse having to leave Canada. We are eager to submit the PR sponsorship packet now but unsure if we can get a 2nd extension to my visitor visa..

Thanks in advance for replies!

Understood. If the fees aren't an issue, I'd include an OWP application and benefit from its implied status until you know more.

 

[k.h.p.]

Also, just as a reminder, if you do go back to the US and are worried about coming back to Canada, there is the concept of dual intent - you may have intent to receive PR when you try to re-enter, but you can also have the intent of respecting your entry conditions. So it's possible for CBSA to admit someone who is intending to get PR while at the same time able and willing to leave if the PR decision is not made before the expiry of admission.

Dual intent isn't an "open sesame" magic incantation, but it is a valid response to a CBSA challenge on your willingness to leave if the PR isn't finished by the end of your permissible stay, if you leave Canada and try to re-enter.

 

[northamexec]

Also, just as a reminder, if you do go back to the US and are worried about coming back to Canada, there is the concept of dual intent - you may have intent to receive PR when you try to re-enter, but you can also have the intent of respecting your entry conditions. So it's possible for CBSA to admit someone who is intending to get PR while at the same time able and willing to leave if the PR decision is not made before the expiry of admission.

Dual intent isn't an "open sesame" magic incantation, but it is a valid response to a CBSA challenge on your willingness to leave if the PR isn't finished by the end of your permissible stay, if you leave Canada and try to re-enter.

Thanks for the detailed answers!