Fiance received two year visitor visa, not sure if we should change our plan

[maplespringbok]

Hi everyone!

I'm Canadian (living in Canada) and my fiance is South African (living in South Africa). We had hoped to get married in Canada this year, but weren't sure CIC would grant him a visitor visa. We decided to give it a try and be forthright with CIC and tell them we did intend to get married and then he would return and we would apply outland with him in South Africa. It was a long shot, and frankly we thought we'd have to get married somewhere where South Africans don't require a visa, but much to our surprise CIC granted him two years! We only asked for a one month visitor's visa so getting two years was really unexpected.

So it looks like for sure, he should be able to come for the wedding. I am wondering now though if we should change our plan to apply outland with him going back to SA. Since he has the two year visitor's visa, should we be considering the inland route and trying for the OWP? Should we do outland with him staying in Canada as a visitor? Basically, if you were in our situation, what would you do?

Thanks!

 

[scylla]

Is your fiance prepared to stay in Canada for two years without leaving?

 

[maplespringbok]

He is, although he is not entirely sure he will be ready to do that come December, if he were to stay we think June might be a more realistic timeline. He'd have 18 months then left on his visitor's visa. We really didn't expect CIC would give him two years.

I think in some ways it makes a lot of sense, but what I am wondering is what would he tell CBSA? Are you allowed to stay for that long a period of time as a visitor? How would CBSA work?

Thanks you for your help!

 

[canuck_in_uk]

He is, although he is not entirely sure he will be ready to do that come December, if he were to stay we think June might be a more realistic timeline. He'd have 18 months then left on his visitor's visa. We really didn't expect CIC would give him two years.

I think in some ways it makes a lot of sense, but what I am wondering is what would he tell CBSA? Are you allowed to stay for that long a period of time as a visitor? How would CBSA work?

Thanks you for your help!

His TRV doesn't have anything to do with how long he is actually allowed to stay in Canada. That is determined by CBSA on entry. If he wants to stay longer than the time he is given on entry, he can apply to CIC to extend his stay.

Outland through the Pretoria office averages about a year. He can be in Canada as a visitor while an outland app processes.

 

[scylla]

His TRV doesn't have anything to do with how long he is actually allowed to stay in Canada. That is determined by CBSA on entry. If he wants to stay longer than the time he is given on entry, he can apply to CIC to extend his stay.

Agreed. The maximum amount of time he will be allowed into Canada is six months. If he wants to say longer, he'll need to apply for an extension. Getting a 2 year visa doesn't mean you are allowed to stay for two years. It means you are allowed to visit Canada during the two year period of the visa.

 

[maplespringbok]

Agreed. The maximum amount of time he will be allowed into Canada is six months. If he wants to say longer, he'll need to apply for an extension. Getting a 2 year visa doesn't mean you are allowed to stay for two years. It means you are allowed to visit Canada during the two year period of the visa.

Ah I had a feeling it was something like that. So, he could theoretically come and visit and ask CBSA for 6 months while outland is going on. Does CBSA normally grant 6 months visits for spouses with TRVs who are have an application in for outland?

Outland through the Pretoria office averages about a year. He can be in Canada as a visitor while an outland app processes.

I'm happy to hear that. I think for us it would probably better to go outland. Our case is fairly straightforward, we met while I was working there, same age, same language, education, etc. So if the normal time takes us a year, and maybe I'm an optimist but I hope the new government will keep processing times roughly the same or maybe reduce, it probably won't take that long at all.

It would be great if we could apply outland in January and maybe he could come visit for the last five or six months or so and then we go back to SA for a visit when his PR is granted and on our return he could land in Canada. Does that seem feasible?

Thanks again for all your help. This has been really informative for us

 

[canuck_in_uk]

Ah I had a feeling it was something like that. So, he could theoretically come and visit and ask CBSA for 6 months while outland is going on. Does CBSA normally grant 6 months visits for spouses with TRVs who are have an application in for outland?

It would be great if we could apply outland in January and maybe he could come visit for the last five or six months or so and then we go back to SA for a visit when his PR is granted and on our return he could land in Canada. Does that seem feasible?

The standard given by CBSA on entry is 6 months. There is no need to ask for it. Sometimes visitors get less time but they can then apply to CIC to extend the stay if needed.

Yes, that's fine. He doesn't have to return to SA; he can flagpole at the Canada-US border to land as a PR.

 

[maplespringbok]

The standard given by CBSA on entry is 6 months. There is no need to ask for it. Sometimes visitors get less time but they can then apply to CIC to extend the stay if needed.

Yes, that's fine. He doesn't have to return to SA; he can flagpole at the Canada-US border to land as a PR.

Okay. Just one final question, since he will probably be unemployed when he comes to visit in June, will CBSA give him trouble? Obviously probably worthwhile to get a return ticket, but will that be enough? I feel a little less certain of how CBSA operates as opposed to CIC.

 

[canuck_in_uk]

Okay. Just one final question, since he will probably be unemployed when he comes to visit in June, will CBSA give him trouble? Obviously probably worthwhile to get a return ticket, but will that be enough? I feel a little less certain of how CBSA operates as opposed to CIC.

With proof of the PR app in process and proof of finances, he should have no issues with CBSA. They are very lenient with those who are following the rules and immigrating properly.